Richmond City Council
July 26, 2022

MEETING(S) - (Meetings are virtual)

SPECIAL RICHMOND HOUSING AUTHORITY

REGULAR RICHMOND CITY COUNCIL AGENDA

Tuesday, July 26, 2022, 4:00 p.m.

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

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

How to watch the meeting from home:

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

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

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

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

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

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

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

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

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx CC - 7-26-22 Mtg.

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

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

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

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

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

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

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

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

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

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

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

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

B. ROLL CALL
C. CLOSED SESSION
.

C.1. LIABILITY CLAIMS (Government Code Section 54956.9) • GEICO
• Douglas Frevele v. City of Richmond
• Terry Ellis v. City of Richmond
C.2. CONFERENCE WITH LEGAL COUNSEL - ANTICPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• PG&E
• Riggers Loft Wine Company
C.3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Jaclyn Gross, Sharrone Taylor, Teresa Fairbanks
•
Employee organizations:

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

2. 3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the northAgency negotiator: Lizeht Zepeda, Dave Aleshire, and Shasa CurlNegotiating parties: Miraflores Community Devco, LLCUnder negotiation: Price and terms of payment
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (public comment limited to Closed Session items only)
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E. ADJOURN TO CLOSED SESSION
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F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1. Contract Amendment with Financial Consultant Anthony Ma Regarding RHA Financial Matters
16 ADOPT a resolution approving a first contract amendment with Anthony Ma to provide financial consulting services (including Federal, State and Internal Revenue Service Audits) for the Richmond Housing Authority, in the amount of $90,000, for a total amount not to exceed $100,000, and extending the term to June 30, 2023 - Richmond Housing Authority/Finance Department (Nannette J.

Beacham 510-621-1300/Delmy Cuellar 510-620-6740).

M. HOUSING AUTHORITY NEW BUSINESS
M.1. Update on the Public Housing Agencies Recovery and Sustainability (PHARS) Agreement and Financial Update
40 RECEIVE a presentation updating the RHA Board of Commissioners and City Council on the 2019 Public Housing Agencies Recovery and Sustainability (PHARS) Agreement and overall, RHA outstanding financial matters - Richmond Housing Authority (Nannette J. Beacham/Delmy Cuellar 510-621- 1300).

N. ADJOURNMENT
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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. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
V. OPEN FORUM FOR PUBLIC COMMENT
W. CITY COUNCIL CONSENT CALENDAR
W.1. City Attorney's Office
W.1.a. Rent Control Amendment for November 2022 Ballot 58 ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 8, 2022, an initiative to adjust the maximum allowable rent increase on rentcontrolled units to 60 percent of CPI or three percent, whichever is lower – City Attorney’s Office (Dave Aleshire 510-620-6509).

W.2. City Council
W.2.a. Request for Proposals (RFP) for Scanning of Fire Prevention Services Division Files
67 DIRECT City staff to create a Request for Proposals (RFP) for thirdparty scanning of Richmond Fire Department Prevention Services Division files to digitize Wildland Urban Interface Inspections (WUI) inspection reports, notices, and other related processes, and for a software product to store the scanned information – Councilmember Eduardo Martinez (510-620-6593)
W.3. Economic Development
W.3.a. CivicSpark AmeriCorps Fellows Contract Amendment 69 APPROVE a first amendment to the contract with Civic Well (formally Local Government Commission) for two fellows during the Fiscal Year 2022-2023 CivicSpark service year, increasing the contact amount by $63,000, for a total contract amount not to exceed $120,000, with a new agreement expiration term of December 31, 2023 – City Manager’s Office, Economic Development (Samantha Carr 510-620-5407).

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W.4. Human Resources
W.4.a. Approve a Third Contract Amendment with the Segal Group (Western States) DBA Segal to Update Classification and Compensation Data 86 APPROVE a third amendment to the contract with The Segal Group, Inc. in the amount of $50,000, for a total amount not to exceed $330,000, to update compensation and classification data; and APPROVE the appropriation of these funds from the general fund reserve balance - Human Resources Department (Sharrone
Taylor/Teresa Fairbanks 510-620-6602).

W.5. Information Technology
W.5.a. Contract with Granicus for KCRT Audio-Video 191
APPROVE the purchase of legacy audio video equipment and services from Granicus in an amount not to exceed $19,102 – Information Technology Department (Sue Hartman 510-620-6874).

W.5.b. Eleventh Contract with Tyler Technologies MUNIS for Application Upgrade Support, Training, and an Investment Assessment. 213
APPROVE the eleventh amendment to the contract with Tyler Technologies MUNIS Enterprise Resources Planning (ERP) System for the purchase of software and support services, increasing the amount by $30,400, with a total amount not to exceed $9,033,774.75 – Information Technology Department (Sue Hartman 510-620- 6874/Sandi Wong 510-620-6745).

W.6. Library and Community Services
W.6.a. Fiscal Years 2021-2024 Richmond Department and Fund for Children and Youth Grant Awardee Renewals
266
APPROVE the renewal of 20 Richmond Fund for Children and Youth (RFCY) grants to youth-serving public and nonprofit organizations in a total amount not to exceed $1,620,000, from July 1, 2022, through June 30, 2023, with a one (1) one-year renewal option to extend through Fiscal Year 2023-2024, contingent upon performance and available RFCY funds; and AUTHORIZE the city manager or their designee to negotiate and execute grant service agreements, and any extension, with approved grantees – Department of Children and Youth (LaShonda White/Patrick Seals 510-620-6512).

W.6.b. Contract with Urban Strategies Council to Conduct Research and Analysis of Various Community Crisis Response Program options 339
APPROVE a contract with Urban Strategies Council to conduct research and analysis of various Community Crisis Response Program options, for a total amount not to exceed $112,844, with a term beginning August 1, 2022, and ending June 30, 2024 – Library and Community Services Department (LaShonda White 510-620- 6512).

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W.6.c. Blink Network, LLC Contract Amendment for Charging Station Infrastructure and Maintenance
554
APPROVE a first contract amendment with Blink Network, LLC., increasing the sole source contract by $44,076.02, for a total not to exceed amount of $90,308.02, and to extend the term expiration to June 30, 2025 - Library and Community Services Department (LaShonda White/Denée Evans 510-621-1718).

W.7. Mayor's Office
W.7.a. Vacant Seats on Richmond Boards, Commissions, and Committees 617 ANNOUNCE current vacancies on the City of Richmond boards, commissions, and committees and ask that interested individuals send applications to the City Clerk’s Office - Office of the Mayor (Mayor Tom Butt 510-620-6502).

W.7.b. Appointment(s) to update the Planning Commission 619 APPROVE an appointment(s) to the Planning Commission:

APPOINT Jonathan Harrison, re-appointment, seat #1, term expiration date June 30, 2024; Bruce Brubaker, re-appointment, seat #4, term expiration date June 30, 2024; Masoomeh Sharifi Soofiani, re-appointment, seat #6, term expiration date June 30, 2024; Alpa Agarwal, re-appointment, seat #7, term expiration date June 30, 2024 - Office of the Mayor (Mayor Tom Butt 510-620-6503).

W.8. Police Department
W.8.a. Five-Year Contract with NEOGOV to Provide Police Department Services.
625
APPROVE a five-year, sole-source contract with NEOGOV to provide automated customer notification (subscription) and informational services for citizens, and to provide online training and policy management for the Police Department's Personnel and Training Unit, in an amount not to exceed $100,000, with a term from July 1, 2022, through June 30, 2027 – Police Department (Bisa French/Louie Tirona 510-621-1802).

W.8.b. Redaction Service for Body Worn Camera (BWC) Footage and Other Videos
698
APPROVE a first contract amendment with Veritone, Inc. to add $14,250, for a total not to exceed amount of $23,750, for redaction services to comply with State law under SB1421 pursuant to Public Record Act (PRA) requests for Body Worn Camera footage (BWC) and other videos possessed by the Richmond Police Department, for an extended term through November 30, 2023 – Police Department (Bisa French/Louie Tirona 510-621-1802).

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W.9. Public Works
W.9.a. Contracts for Swimming Pool Equipment, Parts, Supplies, and Services
717
APPROVE contracts with (1) SCP Industries dba Lincoln Aquatics, and (2) Knorr Systems INT’L, LLC. to provide as needed equipment, parts, supplies and services to the Richmond Swim Center and Richmond Plunge, in an amount not to exceed $150,000 per vendor over a three-year period, with an option to extend an additional two years at $100,000 per vendor – Public Works Department (Joe Leach 510-620-5478).

W.9.b. Hilltop Landscape District Office Trailer and Yard Lease 804 APPROVE a fifth lease amendment with North Richmond Properties, Inc., in an amount not to exceed $31,182, for a month-to-month term, for the rental of two office trailers and space to store containers and landscaping equipment – Public Works Department (Joe Leach 510- 620-5478/Greg Hardesty 510-620-6920).

W.9.c. Approval of Final Map and Authorize Execution of Subdivision Improvement Agreement for Cherry Blossom Row Development, a 100-Unit Condominium Development
826
ADOPT a resolution approving the Final Map for Subdivision [9609], “Cherry Blossom Row”; and AUTHORIZE the execution of a
Subdivision Improvement Agreement with the subdivider, City Ventures Homebuilding, LLC., and complete recording thereof – Public Works Department (Joe Leach 510-620-5478).

W.9.d. Phase I of the Keller Beach Sanitary Sewer Feasibility Study 838 ADOPT a resolution approving a sole-source contract with Coastland Engineering to conduct Phase I of the Keller Beach Sanitary Sewer Line Feasibility Study, in a total amount not to exceed $475,000, with a term beginning July 1, 2022, and ending June 30, 2023 – Public Works Department (Joe Leach 510-620-5478 /Mary Phelps 510-621- 1269).

W.9.e. Resolution proposing Contract Amendment to Phase I of the Sludge Thickener Project
1004
ADOPT a resolution to issue a contract amendment to Veolia Water for the contract change orders for the Sludge Thickener Project at the Wastewater Treatment Plant (WWTP) to Myers and Sons
(construction), in an amount not to exceed $683,829 (contractor cost of $596,455 plus a 16.5 percent Veolia mark-up of $74,125), plus a contingency of $147,213 ($67,386.30 plus a 9 percent Veolia markup of $13,249) - Public Works Department (Joe Leach 510-620-5478/ Mary Phelps 510-621-1269).

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W.9.f. Resolution Authorizing the City Manager to Execute Recurring Contracts with Contra Costa County, Stege Sanitary District, West County Wastewater District, West County Agency and the California State Water Resources Control Board
1066
ADOPT a resolution authorizing the city manager to execute reoccurring contracts for Fiscal Year 2022-2023 with Contra Costa County, Stege Sanitary District, West County Wastewater District, West County Agency, and the State of California Water Resources Control Board at an aggregate annual amount of $931,683. The execution of these contracts shall not exceed the limits as set forth for the following: Contra Costa County North Richmond Storm Drain Pump Station - $75,000; Contra Costa County Clean Water Program - $365,000; California Water Resources Control Board - WWTP National Pollutant Discharge Elimination System (NPDES) - $125,000; California Water Resources Control Board - City of Richmond Stormwater NPDES permit - $37,500; California Water Resources Control Board - Sanitary Sewer Overflow Waste Discharge Requirement (SSO - WDR) Permit - $40,500; West County Agency - $250,000; Stege Sanitary District Sewer Use Fees Joint Powers Agreement (JPA) - $38,683 – Public Works Department (Joe Leach 510-620-5478/Mary Phelps 510-621-1269).

W.9.g. Parchester Community Center ADA Improvements Contract Amendment
1072
APPROVE an additional appropriation of Community Development Block Grant (CDBG) funds, in the amount of $138,511, for a total contract amount not to exceed $478,511 with OK Construction, to complete ADA Improvements at the Parchester Community Center, located at located at 900 Williams Drive, Richmond – Public Works Department (Joe Leach 510-620-5486).

W.9.h. Resolution Amending Fiscal Year 2022-2023 Budget for Third Amendment to the Cooperative Implementation Agreement with California Department of Transportation (Caltrans)
1099
ADOPT a resolution amending the Fiscal Year 2022-2023 budget for the third amendment to the Cooperative Implementation Agreement with California Department of Transportation (Caltrans) to utilize additional funding for Construction of a Full Trash Capture Device at Bayview Avenue, in an amount not to exceed $3,270,000 – Public Works Department (Joe Leach 510-620-5478/Mary Phelps 510-621- 1269).

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W.9.i. Amend Contract with Ghilotti Bros., Inc. 1189
ADOPT a resolution amending the construction contract with Ghilotti Bros., Inc., for construction of portions of Phase I of the Richmond Wellness Trail Project, in the amount of $100,000, utilizing ECIA Transportation Funds, for a total contract amount not to exceed $1,100,000 - Public Works Department (Joe Leach 510-620-5478).

X. PUBLIC HEARINGS
X.1. Public Hearing for the Collection of the Sanitary and Storm Fees for Fiscal Year 2022-2023
1226
HOLD a public hearing; and ADOPT a resolution approving a report of sewer service charges for Fiscal Year 2022-2023 allowing for the sanitary and stormwater fees to be collected on the annual 2022-2023 tax rolls – Public Works Department (Joe Leach 510-620-5478/Mary Phelps 510-621-1269).

Y. NEW BUSINESS
Y.1. Police department and Fire department recruitment efforts 1849 RECEIVE a status report on the Police department and Fire department recruitment efforts – Human Resources Department (Sharrone Taylor 510-620- 6803).

Y.2. Richmond Police Department Minimum Staffing Levels 1850 APPROVE a minimum Richmond Police Department staffing of 165 sworn officers – Mayor’s Office (Mayor Tom Butt 510-620-6503) and Councilmember Nathaniel Bates (510-620-6547).

Y.3. Ballot Measure Regarding Richmond Police Department Minimum Staffing Levels
1854
ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 8, 2022, an Advisory Question to restore staffing levels in the Police Department to 165 sworn police officers to create a healthy workforce with minimum overtime – Mayor’s Office (Mayor Tom Butt 510-620-6503) and Councilmember Nathaniel Bates (510-620-6547).

Y.4. Rydin Road Encampment Sunsetting Program 1861
MANDATE the sunset date of the Rydin Road encampment as August 31, 2022; APPROVE a fifth contract amendment in an amount not to exceed $135,966, with Housing Consortium of the East Bay and extend the contract term to August 31, 2022, for a total not to exceed amount of $695,966; AUTHORIZE the city manager or her designee to negotiate and execute contracts for the administration of flex funds with a community-based organization; and CONTINUE collaboration with Contra Costa County (CCC) H3 and C.O.R.E. programs to provide needed supportive services to residents at Rydin Road prior to abatement – City Manager’s Office (Shasa Curl 510-620- 6512).

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Y.5. R3f Strategic Planning and Governance Advisor Contract 1985 APPROVE a contract with Dalberg, in an amount not to exceed $125,000, for a term beginning July 26, 2022, and ending June 30, 2023, to prepare a Strategic Plan and Governance Structure for the Richmond Rapid Response Fund (R3F); and AUTHORIZE the city manager to enter into a Memorandum of Agreement with the West Contra Costa Public Education Fund to accept their $25,000 contribution towards this work – Community Development Department (Lina Velasco 510-620-6741).

Y.6. Contract for Castro Encampment Resolution Project Manager 2095 APPROVE a contract with Way2Love, Inc., in an amount not to exceed $235,000, for a term beginning July 26, 2022, and ending June 30, 2024, to provide project management services for the Castro Encampment Resolution Project to be funded by the City’s Encampment Resolution Funding grant – Community Development Department (Lina Velasco 510-620-6841/Jesus Morales 510-620-6649).

Y.7. Richmond Industrial Safety Ordinance 2021 Annual Report by Contra Costa Health Services
2174
RECEIVE a presentation by Contra Costa Health Services of the 2021 Annual Richmond Industrial Safety Ordinance report pursuant to Richmond Municipal Code Section 6.43.160 – Community Development Department (Lina Velasco 510-620-6841).

Y.8. Receive a Quarterly Update from PG&E 2260
RECEIVE a quarterly presentation from Pacific Gas and Electric (PG&E) – Public Works Department/City Manager’s Office (Joe Leach/Samantha Carr 510-620-5407).

Y.9. Recommendation from the Community Police Review Commission 2262 RECEIVE a report from the Community Police Review Commission Council Liaison on recommendations to the City Council – Councilmember Claudia Jimenez (510-620-6565).

Y.10. 2005 Pension Bond Refinancing/Restructuring, approving bond sale documents and revised fees for underwriter and consultants 2264
ADOPT a resolution authorizing the sale of the taxable pension refunding bonds, and approving an official statement for such bonds, approving the execution of the bond purchase agreement, a continuing disclosure certificate, and escrow agreements, and approving and directing related matters in connection therewith and approving increased fees for underwriter, bond counsel disclosure counsel, and other city consultants as provided in the Staff Report – Finance Department (Delmy Cuellar 510-620-6790).

Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
AA. ADJOURNMENT
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July 26, 2022

HOUSING AUTHORITY AND

CITY OF RICHMOND
Economic Development
DATE: July 26, 2022
TO: Richmond Housing Authority (RHA) Board of
Commissioners and Members of the City Council
FROM: Shasa Curl, City Manager
Nannette J. Beacham, Richmond Housing Authority
(RHA) Executive Director
Delmy Cuellar, Director of Finance
Rita Martinez, Senior Accountant
Gabino Arredondo, Project Manager
Subject: Contract Amendment with Financial Consultant Anthony Ma Regarding RHA Financial Matters
FINANCIAL IMPACT: The cost of the contract in the amount of $90,000 will be funded by the RHA Capital Fund Program account and
City of Richmond (42141191-400836).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

RHA and the City of Richmond Finance Department have
an immediate need for a qualified Public Housing
financial services consultant to assist with the completion of audits and the incomplete Internal Revenue Service
(IRS) tasks.

RECOMMENDED ACTION: ADOPT a resolution approving a first contract amendment with Anthony Ma to provide financial
consulting services (including Federal, State and Internal Revenue Service Audits) for the Richmond Housing
Authority, in the amount of $90,000, for a total amount not to exceed $100,000, and extending the term to June
30, 2023 - Richmond Housing Authority/Finance
Department (Nannette J. Beacham 621-1300/Delmy
Cuellar 620-6740).

JOINT MEETING

AGENDA REPORT

July 26, 2022
DISCUSSION:

The Richmond Housing Authority (“RHA”) and City of Richmond (“City”) have made positive advancements to address the actions identified in the Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD). A key task was to analyze RHA’s accounting systems, financial management systems, and its financial position.

Although the City manages RHA’s finances, RHA has an immediate, additional need for qualified Public Housing-related financial services expertise. RHA requires expertise in the following: (1) addressing short-term, routine, and critical needs; and, (2) evaluating and improving the longer-term, organizational structure of its financial system(s).

Outstanding matters include both audits and Internal Revenue Service (IRS) tasks as well as RHA’s normal, ongoing business operations necessary to complete present and future audits.

Services under this contract include, but are not limited to:
 Determination of exact issues related to the IRS 1099 reporting issue and cure them. Collaboration with the City and RHA to minimize and mitigate current and future penalties;
 Supporting auditors in completing FYs 2017-2018, 2018-2019, 2019-2020, and 2020-2021 annual audits;
 Determination and support of auditors in obtaining approval to file both unaudited and audited HUD Financial Data Schedule (FDS) schedules; and,  Providing technical assistance and training to the City’s Finance Staff on RHA finance-related topics as-needed.

RHA and City staff are recommending that the RHA Board and the City approve a Resolution to amend a contract with Public Housing financial expert, Anthony Ma, who is a former Oakland Housing Authority (OHA) Finance Director, for a limited engagement proposed through June 30, 2023, for an amount of $90,000, not to exceed a total of $100,000. In the past, HUD contracted with Anthony Ma, via CVR Associates, to examine RHA’s financial matters, so his familiarity with RHA operations will facilitate his task completion.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - Contract Amendment #1
Attachment 3 – Original Contract

Reso. No.

RESOLUTION NO._____

A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AND

BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY

OF RICHMOND (RHA) APPROVING A FIRST CONTRACT AMENDMENT WITH

ANTHONY MA TO PROVIDE FINANCIAL CONSULTING SERVICES FOR THE RICHMOND HOUSING AUTHORITY IN THE AMOUNT OF $90,000 FOR A TOTAL AMOUNT NOT TO EXCEED $100,000 AND EXTENDING THE TERM TO JUNE 30, 2023
WHEREAS, RHA’s programs are funded by the federal government, subject to the rules and guidelines of the United States Department of Housing and Urban Development (HUD); and
WHEREAS, RHA’s mission is to provide decent, safe, and sanitary affordable housing and coordinate supportive services for low-income residents and program participants of the City of Richmond; and
WHEREAS, RHA administers the Low Rent Public Housing Program, and administers the Capital Fund Grant Modernization Program to fund rehabilitation activity on its existing public housing stock; and
WHEREAS, the RHA and City of Richmond have an immediate need for a qualified Public Housing financial services consultant to complete all audits and incomplete IRS tasks; and WHEREAS, RHA and City staff is recommending approval of a consulting contract with Public Housing financial expert, Anthony Ma, former Oakland Housing Authority (OHA) Finance Director.

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

HOUSING AUTHORITY OF THE CITY OF RICHMOND AND THE MEMBERS OF

THE RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, approve a first contract amendment with Anthony Ma to provide financial consulting services (including Federal, State and IRS Audits) for the Richmond Housing Authority in the amount of $90,000 for a total amount not to exceed $100,000 and extending the term to June 30, 2023.

BE IT FURTHER RESOLVED THAT the Executive Director and City Manager is authorized to take all actions necessary to implement the foregoing resolution. *******************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond and the Richmond Housing Board of Commissioners at a joint meeting thereof held on July , by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Chairperson
[SEAL]

Reso. No.

ATTEST:

Secretary
Approved as to form:

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 joint City Council and Housing Authority Meeting held on June .

CLERK OF THE HOUSING AUTHORITY

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Finance Delmy Cuellar
[email protected] (510) 620-6606
15361 23200010/6144
Support the City of Richmond and Richmond Housing Authority (RHA) Financial Matters 1 Anthony Ma
5869 Gold Creek Drive
Castro Valley, CA 94552
Anthony Ma
(510) 604-5523 [email protected]
40063044 December 31, 2022
June 30, 2022
April 18, 2022 April 18, 2023
10,000.00

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

Anthony Ma

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

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

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

Contract Amendment/EJ/TE 9-26-07
1 23200010/6144
April 18, 2022
June 30, 2023
90,000.00
Anthony Ma
N/A

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

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

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

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

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

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

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

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

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

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

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

Term Amendment (insert new termination date):________________________ Service Plan
Anthony Ma
1 23200010/6144
90,000.00
100,000.00
100,000.00
100,000.00
100,000.00
100,000.00

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

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

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

Term Amendment (insert new termination date):________________________ Service Plan
The seventh Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

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

Term Amendment (insert new termination date):________________________ Service Plan
The eighth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

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

Term Amendment (insert new termination date):________________________ Service Plan
The ninth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

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

Term Amendment (insert new termination date):________________________ Service Plan
The tenth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

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

Term Amendment (insert new termination date):________________________ Service Plan
Contract Amendment/EJ/TE 11-30-07
1 Anthony Ma
100,000.00
100,000.00
100,000.00
100,000.00
100,000.00

SERVICE PLAN
Contractor shall, to the satisfaction of the Finance Dept. Delmy Cuellar, perform the following services and be compensated as outlined below:

Specific tasks that are requested as part of this scope of work include:

General Tasks
Work directly with City Richmond and the Richmond Housing Authority (RHA) staff, and report regarding RHA operations and financial management.

Work with staff to ensure implementation/compliance with all Federal Regulation Notices.

Identify key opportunities and carry out strategies for effective leadership transition.

Provide daily or, at a minimum, 2 days per week of onsite leadership and supervision of RHA operations for limited hours. Will be available via zoom, conference, or phone M F 9 to 5 PM
Assess internal operations to align resources with an objective, mission- focused perspective.

Perform key functions such as monitoring budgets, developing reports to HUD, the Housing Advisory Commission, Board of Commissioners, and managing RHA staff.

Oversee the preparation and submittal of finance related applications and reports to HUD.

Specific Tasks
Work with RHA and City of Richmond staff to oversee the completion of all tasks identified in the 2019 PHARS agreement and the Corrective Action Plan (See Attached).

Resolve IRS 1099 Reporting and Compliance issues from 2009-2014 (if acceptable, this will be a line item on the Form 2848-Power of Attorney).

1. Provide IRS Contact with Form 2848 Power of Attorney update ASAP.

2. File delinquent Form 1099 for tax year ended 2018 and 2019. Once filed, please provide copy of confirmation and 1099s filed.
(There is no confirmation or proof that the 1099s were Filed and Furnished by RHA. IRS states that the 1099s for 2018 and 2019 are not filed. To clarify, the 1099s were only Issued to Landlords but not Filed).

3. Send out Forms 4669 to Landlords that do not have W-9s on file. Research if this is applicable.

Provide guidance and work directly on entering 2017, 2018, and 2019 audits into HUD Financial Assessment System. RHA will provide access to HUD system. After explaining the Connect with CFOG (California Finance Officer Group) for assistance on financial tasks as well as HUD for guidance, assistance and expedite the process.

Connect with resource to support RHA to prepare and enter 5-year Capital Fund Budget, Guidance on Operating Subsidy reports and necessary information for calculation.

RHA Housing Corporation & Easter Hill Housing Corporation budgets and reports. o Tax Returns and tax-exempt filing.

Other tasks as assigned.

Bill rate is $125/hour + travel time and mileage.

For the Contract between the City of
Richmond and
Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SUPPLEMENTAL CONDITIONS

1. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the City as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any assistants used by Contractor in providing said services.

2. This Contract shall automatically terminate when the total accumulated compensation paid or due to Contractor under this Contract reaches $10,000.00. The City shall not be responsible for compensating Contractor for any amounts in excess of $10,000.00.

3. Either the City or Contractor may cancel this Contract at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation.

4. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City.

5. Contractor shall indemnify, defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor.

6. Contractor agrees to observe all applicable laws including, but not limited to, the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.

7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if the Contractor does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the Contractor shall be exempt from obtaining a City of Richmond business license.

8. If this Contract does exceed five thousand dollars ($5,000.00), or if Contractor does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of 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.

Tony Ma

July 26, 2022

HOUSING AUTHORITY AND

CITY OF RICHMOND
Finance Department
DATE: July 26, 2022
TO: Richmond Housing Authority (RHA) Board of
Commissioners and Members of the City Council
FROM: Nannette J. Beacham, RHA Executive Director
Delmy Cuellar, Director of Finance
Rita Martinez, Senior Accountant
Gabino Arredondo, Project Manager
Subject: Update on the Public Housing Agencies Recovery and Sustainability (PHARS) Agreement and Financial Update
FINANCIAL IMPACT: Completing PHARS agreement tasks related to asset repositioning and financial matters will improve RHA
operations and financial standing. Neglecting PHARS
tasks and outstanding financial matters will result in
continued increased subsidies from the City of Richmond for RHA and financial penalties. The IRS has advised
RHA and Finance staff of outstanding penalties and
interest for years 2009-2015 and 2017 that have never
been paid in the amounts of approximately (2010,
$5,300; 2011, $5,300; 2012, $6,200; 2013, $12,600;
2014, $5,300; 2015, $14,560; 2017, $69,600, Total
estimated amount $118,860). Staff has requested the
IRS for official correspondence verifying the amounts
owed. The City Manager, RHA Executive Director and
Director of Finance plan to authorize the payments of up to $10,000 per IRS penalties. RHA was also notified that the FY2018-2019 due to failure to submit 1099s properly, but RHA and City staff members and consultants are
collecting the back-up information to challenge and
reduce the penalty.

AGENDA
REPORT

July 26, 2022

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

RHA staff is providing a status update on 1) 2019
PHARS agreement between RHA, City of Richmond, and
HUD; and 2) outstanding RHA financial matters.

RECOMMENDED ACTION: RECEIVE a presentation updating the RHA Board of Commissioners and City Council on the 2019 Public
Housing Agencies Recovery and Sustainability (PHARS)
Agreement and overall, RHA outstanding financial
matters (Nannette J. Beacham/Delmy Cuellar 621-1300).

DISCUSSION:

Richmond Housing Authority (RHA) has traditionally provided affordable housing for low and very low-income residents of Richmond through U.S. Department of Housing and Urban Development (HUD) federally-funded housing programs. Currently, RHA owns multiple public housing properties, and manages two (2) properties that are occupied by tenants (Nevin Plaza and Nystrom Village). As of July 1, 2019, the Housing Authority of the County of Contra Costa (HACCC) assumed management responsibilities for approximately 2,004 Housing Choice Vouchers (HCV), formerly administered by the RHA, consistent with the PHARS.

It is essential that the RHA Board of Commissioners and the Richmond City Council understand the financial status of RHA in order to meet the need to provide decent, safe, and sanitary housing for its residents. Over the past three (3) years, significant progress has been made in accomplishing the fundamental outcomes RHA and HUD desire for RHA’s public housing portfolio. RHA Board Members and staff have remained steadfast in their commitment to the fundamental outcomes for RHA’s residents and portfolio. The October 22, 2019, Public Housing Agencies Recovery and Sustainability (PHARS) agreement provides details, actions, and milestones with completion dates.

Although the commitment to the outcomes remains unchanged, we acknowledge some deliverables have not been completed by the established dates due to initial staffing shortages and unforeseen circumstances.

RHA and City staff members take these matters extremely seriously and continue to work towards full implementation of the PHARS agreement. It is also important to acknowledge the last two years have been unprecedented. All levels of government, the private sector, and individual families have adapted and modified plans in response to the COVID pandemic and rapid inflation. As such, the PHARS implementation and plan action plan was not immune to change.

July 26, 2022
The following staff report will update the Board and City Council on progress related to the PHARS Agreement and an overall RHA Financial update.

PHARS AGREEMENT UPDATE:

RHA has been operating under a Public Housing Authority Recovery and Sustainability (PHARS) Agreement with HUD since February 5, 2013, due to RHA’s designation as a “troubled” housing authority. RHA and City staff members collaborated with representatives from HUD Region IX to prepare a required 2019 Public Housing Authority Recovery and Sustainability (2019 PHARS) Agreement and Action Plan. The RHA Board of Commissioners approved the 2019 PHARS on October 22, 2019 (Attachment 1). The 2019 PHARS delineates performance outcomes, timelines, and reporting requirements focused on the repositioning of the RHA Public Housing portfolio.

The performance measures in the 2019 PHARS are designed to improve RHA’s financial position, increase RHA’s housing program performance ratings, and ensure ongoing sustainability. RHA staff members are committed to working with HUD and successfully delivering the desired outcomes in the 2019 PHARS. In addition, RHA staff members are continuing to work closely with the City’s interdepartmental team to ensure the action items listed in the 2019 PHARS are completed.

Richmond Housing Authority (RHA) PHARS Action Plan
Task
Number
TASK Target
Date
Hacienda

1.1 Finalize Financial Terms between RHA and Mercy
(Confirmation of a current Development Agreement to
repositioning Hacienda)
12/28/2019
Complete

1.2 Request Revised Disposition Application from the Special Applications Center (SAC)
1/28/2020
Complete

1.3 Submit Financing Plan to SFRO and submit Financing
3/1/2020 Applications to The California Tax Credit Allocation Committee (TCAC)/California Department of Housing and
Community Development (HCD)
3/1/2020
Complete

1.4 Conveyance / Closing of Hacienda 2/28/2021
Complete

July 26, 2022

1.5 SAC acceptance of a complete Section 18 PIC disposition application for Hacienda Remainder Parcel
Update: RHA made a prior attempt to secure a realtor to serve as the sellers’ agent. Given the tight real estate market, no realtor’s responded to a competitive Request for Proposal (RFP) for this listing. RHA believed listing with a realtor would have been an efficient approach to selling this property. RHA’s current approach is to publish an RFP
seeking development proposals. The RFP will be issued for a development plan for the outstanding parcel. In the interest of obtaining Section 18 approval sooner, RHA will begin
working on the elements of the Section 18 application
immediately. RHA is reviewing if the parcel is subject to the Surplus Lands Act.
12/31/2021
In
Progress
Administration Building

2.1 Submission of disposition application to SAC 10/1/2019 Complete

2.2 SAC acceptance of a complete Section 18 PIC application 3/29/2020 Complete

2.3 Submit Financing Plan to San Francisco Regional Office (SFRO) and submit Financing Applications to TCAC/HCD
8/30/2020
Complete
Nevin

3.1 Issue RFP for Development Partner w/ elevator addendum 1/28/2020 Complete

3.2 Select a Development Partner 4/29/2020
Complete

3.3 SAC acceptance of a complete Section 18 PIC application 5/29/2020 Complete

3.4 Submit Financing Plan to SFRO and submit Financing
Applications to TCAC/HCD
6/30/2021
Complete

July 26, 2022

3.5 Closing /Conveyance /Start Construction
Update: Applications for 4% Low-Income Housing Tax Credit (LIHTCs) and Private Activity Bonds (PABs) were submitted to Tax Credit Allocating Committee (TCAC) in March 2022.

Nevin was awarded $41,631,580 in construction bond tax
exempt funding on June 15, 2022. Once all financing is in place, RHA and EAH Housing will move expeditiously to
closing financing, convey ownership, and start construction.

EAH Housing in collaboration with RHA has initiated Nevin Plaza resident and community engagement, contracted a
relocation consultant, submitted building permit applications and begun the public art process. Anticipated start date for construction is December 2022.
3/1/2022
In
Progress
Nystrom

4.1 Issue RFQ for Master Plan 2/28/2020
Complete

4.2 Finalize terms btw RHA and Developer
Update: RHA released a Request for Proposal seeking a
developer partner for Nystrom on April 20, 2020. McCormack Baron Salazar (MBS) and Richmond Neighborhood Housing
Services (RHNS) were selected as the preferred developer partners on September 21, 2021. After their selection, work began to negotiate and enter into an Exclusive Right to Negotiate Agreement (ERNA) between RHA and
MBS/RHNS. We anticipate the ERNA will be finalized by
September 2022.
5/29/2020
In
Progress

4.3 SAC acceptance of a complete Section 18 PIC application 9/1/2020 Not Started

4.4 Closing /Conveyance /Start Construction 11/28/2022
Not Started
Richmond Village I, II and III

July 26, 2022

5.1 Submit RAD Application
Update: Repositioning Richmond Village (converting to
Rental Assistance Demonstration (RAD)) involves three
distinct and related tasks: 1) exit the investor limited partner (so called “year 15”), 2) negotiate new terms with MBS for the future ownership and operations of Richmond Village, and 3) submit a RAD application.

Regarding #1: MBS was able to secure a commitment from
the investor limited partner to exit the partnership for $1.00.

This is the best possible outcome under the Right of First Refusal and Option Agreement. Work to finalize the exit is on-going. Timeliness of this task has been frustrated by the fact the investor was in the process of selling their LIHTC investment portfolio.

Regarding #2: RHA and MBS have finalized the terms of a memorandum of understanding (MOU). This MOU protects
RHA, current public investments, and future use as
affordable rental housing.

Regarding #3: The elements of a RAD application are in
place (resident meetings, Mixed Finance Affidavits, and plan). Changes in subsidy type by unit over time at Richmond Village has required confirmation of unit information
necessary for the RAD application. This work is nearly
complete. We anticipate a RAD application submittal by the end of September 2022.
10/1/2019
In
Progress

5.2 Submit RAD Financing Plan
Update: RHA and MBS assume a “non-debt” RAD/Section 18
Small PHA Blend conversion for Richmond Village I, II, and III. This is a change from the plan reflected in the PHARS agreement. This change is advantageous to RHA and HUD
and became possible with the publication of the Office of Public and Indian Housing (PIH) Notice 2021-07 on January 19, 2021. At the time the PHARS Agreement was executed, this option was not available. “No debt” conversions are the most streamline of all RAD conversions. The Financing Plan will be submitted as soon as possible following receipt of the RAD Commitment to Enter into a Housing Assistance
Payments Contract (CHAP).
11/28/2020
In
Progress

July 26, 2022

5.3 Close RAD conversion
Update: Under the new approach mentioned above (5.2),
closing for Richmond Village I, II and III will occur
simultaneously. Closing should occur within 120 to 180 days on submittal of the Financing Plan. Processing by HUD’s Recapitalization office and RHA will determine the schedule for closing. Additionally, we except Richmond Village I and II (AMP 007 and 008) will proceed as a RAD “many-to-one”
transaction since both AMPs are currently and will continue to be owned by a single ownership entity.
12/1/2020
In
Progress
Richmond Village III

6.1 SAC acceptance of a complete Section 18 PIC application Update: This task no longer applies because of the change mentioned above under Richmond Village I & II task 5.2. 5/30/2021
Not
Applicable

6.2 Receive Tenant Protection Vouchers
Update: This step will occur automatically because of HUD’s approval of a RAD Conversion Commitment for Richmond
Village I, II and III.
6/30/2021
In
Progress

6.3 Closing /Conveyance /Start Construction
Update: Closing will occur for Richmond I, II and III
simultaneously as part of a RAD/Section 18 Small PHA
Blend conversion.
12/31/2021
Not Started
Other

7.1 Submit PH Organizational Chart of RHA staff; chart to include names, titles, and responsibilities and duties. 1/28/2020
Completed

7.2 Complete HCV Close Out Audit
Update: Auditor is making final adjustments on 2018 audit.

Once completed, 2019 will be initiated.
4/26/2020
In
Progress

7.3 Submit operating budgets for each AMP and Central Office Cost Center (COCC).

Update: Final Cost Allocation report submitted to HUD for review/approval on 6/23/22.
2/28/2020
In
Progress
FINANCIAL UPDATE:

The Finance Department and RHA has made significant progress on the HUD-funded CVR Associates report and recommendations. RHA and Finance staff participated in the HUD-supported financial training. RHA and City Finance staff continue to work with Maze & Associates (auditors) to complete audits, as well as working with NBS

July 26, 2022
Consultants regarding Cost Allocation plan matters in accordance with HUD requirements to the Title 2 CFR, Part 200 Compliant Version. Due to urgent unresolved financial tasks related to completing outstanding Internal Revenue Service (IRS) compliance matters and transmitting completed audits to HUD Real Estate Assessment Center (REAC) system, the RHA and Finance staff have contracted with a financial consultant who is an expert in the public housing field to support and expedite resolving outstanding financial matters.

Task Status & Update
2017 Audit Audit Complete. Challenges to complete submission in HUD REAC system.

Update: RHA has inputted completed audit into HUD System but having challenges with it successfully being accepted and are currently working with financial consultant Tony Ma (“consultant”) to trouble shot and input successfully. Initially, Finance staff and the consultant went through the discrepancies, determined auditors changed adjusting entries and Finance has taken corrective action. The task is time consuming, and the HUD software isn’t user friendly. The consultant was able to identify an error in HUD REAC system. Analysis will need to be completed to determine where the discrepancies and corrective action. Next Step, once audit is submitted successfully in HUD System, the auditor's (Maze) will need to gain access to the site to validate the data.
2018 Audit Draft Audit Complete. Management and Legal letters are in the process to be signed to complete the audit.

Update: Legal letters have been completed. RHA has suggested edits to the Management letters which is currently under review. Next Step, upon receiving the final audit, Finance will perform the crosswalk to translate financial data into 'HUD language'. Once this information is entered in REAC, the Auditor's will need to gain access to the site to validate the data.
2019 Audit All requested and available information provided to auditors (Maze and Associates). Upon completion of 2018 Audit, Finance and RHA will review and update the Trial Balance.
2020 Audit
to Current
2019 Audit must be completed before auditor can initiate for 2020. New auditors, Badawi & Associates will complete the 2020 audit.

Cost
Allocation
Plan
Finance and RHA worked with NBS to complete a Cost Allocation plan for FY21-22 and FY22-23 in compliance with the Federal Guidelines, Title 2 CFR Part 200. Final Cost Allocation report submitted to HUD for review/approval on 6/23/22.

IRS 1099’s
Compliance
The IRS has advised RHA and Finance that there are missing submissions of RHA 1099’s (2018 and 2019). Penalties that date back

July 26, 2022
and
Penalties
to 2010 have not been paid (2010 $5,300; 2011 $5,300; 2012 $6,200, 2013 $12,600; 2014 $5,300, 2015 $14,560, 2017
$69,600).

Regarding 2017 1099 mismatches, the financial consultant began correcting the mismatches, provided specific instructions, timelines and a draft response for Finance staff to respond to the IRS when the 972CG was sent by the IRS. Unfortunately, the draft response was never sent to the IRS. There is an IRS fax that mention a $9M backup withholding tax and penalty in the event of non-compliance.

RHA and Finance does not agree to the backup withholding tax and penalties suggested by the IRS for years 2018/2019. The consultant has been in communication with the IRS agent. RHA and Finance staff are working diligently to provide copies of the W9’s for the landlords on the 2018 1099 list, the backup withholding penalty requirement will not be required. The landlord files were transferred to the Housing Authority of Contra Costa County (HACC) June/July 2019 during the transition of the Housing Choice Program from RHA to HACCC. HACCC put the files in storage at the San Pablo office. The Consultant and Finance staff have spoken to the IRS agent. RHA and City staff are reconciling 1099’s and W-9’s for landlords and will transmit to the IRS for review and consideration.

The landlord files were shipped to HACCC June/July 2019 during the transfer of the Housing Choice Voucher (HCV) Program (Section 8) from RHA to HACCC. HACCC put the files in storage at the San Pablo office. The consultant was able to locate the RHA 2019 1099’s that were scanned by Finance. Tony Ma has been to the HACCC (San Pablo office) and taken pictures of the W9’s that are in the landlord files.

Finance sent the 1099’s and pictures to the IRS agent requesting next steps. RHA staff, City staff, and Interns have been all hands-on deck reviewing each Landlord file and scanning the W9s (over 1,000 files).

Upon completion these files will be sent to IRS. City’s Account Payable (AP) staff is working on creating a new account log in to electronically file the 2018 and 2019 1099s via IRS FIRE System. If electronic submission is not a possibility, the 1099s will need to be typed manually (~1200 forms) on the forms and submitted via scan or mail. For 2019, RHA found the 1099 list and scanned copies of the 1099’s that was sent to the recipients. This will be provided to the IRS. RHA and Finance is confident that 1099’s was sent to the recipients for 2018 and 2019. The 1099’s were not filed with the IRS.

A considerable amount of City resources has been allocated to assist RHA in meeting obligations to program participants and HUD; significantly impacting other City operations. RHA and City staff members continue to work to reduce the RHA budget

July 26, 2022
deficits, improve compliance, and will continue to diligently oversee and monitor RHA’s budget to maintain financial integrity and the health and safety of RHA’s residents and preserve and increase affordable housing units.

As additional final information becomes available, as required, staff will return with requests for authorization to clear any outstanding IRS matters. RHA and Finance staff members and consultants will continue to work with the IRS and City Attorney’s Office with the aim of reducing fees and penalties and quickly issuing payments from appropriate RHA funds and/or e City’s Reserves.

ATTACHMENTS:

Attachment 1 – 2019 PHARS

July 26, 2022
City Attorney's Office
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Dave Aleshire, City Attorney
Subject: Rent Control Amendment for November 2022 Ballot FINANCIAL IMPACT: The cost of placing the ballot measure on the ballot is determined by the number of pages to be printed in the
sample ballot booklet – between $4,000 and $10,000

PREVIOUS COUNCIL
ACTION:

Direction to proceed approved at the July 19, 2022, City Council meeting

STATEMENT OF THE
ISSUE:

Per the City of Richmond’s current rent ordinance, rent increases on rent-controlled units in Richmond in 2022
will be 5.2 percent which is 100 percent CPI. We need to adjust the rent ordinance to protect renters by amending the ordinance to 60 percent of Consumer Price Index or
three percent, whichever is lower.

RECOMMENDED ACTION: ADOPT a resolution to submit to the City of Richmond electorate at the General Municipal Election to be held on November 8, 2022, an initiative to adjust the maximum
allowable rent increase on rent-controlled units to 60
percent of CPI or three percent, whichever is lower – City Attorney’s Office (Dave Aleshire 510-620-6509).

DISCUSSION:

On July 19, 2022, the Richmond City Council approved Item X.2. directing City staff to prepare a resolution for adoption on the July 26, 2022, City Council agenda to submit to AGENDA
REPORT

July 26, 2022
the City of Richmond electorate at the General Municipal Election to be held on November 8, 2022, an initiative to adjust the maximum allowable rent increase on rentcontrolled units to 60 percent of CPI or three percent, whichever is lower.

Approval of this item follows City Council direction.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution to adjust rent ordinance – CPI cap

Reso. No. xx-22

RESOLUTION NO. XX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, SUBMITTING TO THE VOTERS A MEASURE TO ADJUST THE

MAXIMUM ALLOWABLE RENT INCREASE ON RENT-CONTROLLED UNITS TO 60 PERCENT OF CONSUMER PRICE INDEX OR THREE PERCENT WHICHEVER

IS LOWER
WHEREAS, the City Council (the “Council”) of the City of Richmond (the “City”), within the County of Contra Costa, California (the “County”), desires to place a ballot measure before the voters at the November 8, 2020, election to adjust the maximum allowable rent increase on rent-controlled units; and
WHEREAS, the Ordinance adjusts the annual general adjustment from 100 percent to a maximum equal to 60 percent of the percentage increase in the Consumer Price Index (All Urban Consumers, San Francisco-Oakland-San Jose region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the 12-month period ending as of Marach of the current year, or three percent, whichever is lower; and WHEREAS, in order for the adjustment to become effective, it must be approved by the electorate; and
WHEREAS, the Council adopted Resolution No. 79-22 on June 21, 2022, calling for a general municipal election on November 8, 2022 (“Election”); and WHEREAS, the City Council desires to submit the adjustment to the qualified electors of the City at that Election.

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

Section 1. The foregoing recitals are true and correct, and this Council so find and determines.

Section 2. A general municipal election has been called for the City to be held on Tuesday, November 8, 2022. The City Council hereby submits the following measure to the voters at the Election:
"Shall the Ordinance to amend the City of Richmond’s Municipal Code, changing the City’s Rent Ordinance so that the maximum allowable rent increase on rent-controlled units is adjusted to 60 percent of CPI or three percent whichever is lower, be adopted?” Section 3. The Ordinance authorizing the annual allowable rental adjustment to be approved by the voters is set forth in Exhibit A. The City Council hereby approves submission of the Ordinance to the voters of the City at the November 8, 2022, election. The Ordinance specifies that increases for controlled units at three percent or sixty percent of the local consumer price index, whichever is lower.

Section 4. The City Clerk of the City of Richmond is hereby ordered and directed to cause said proposed measure to be printed and to mail a copy of said measure to all registered voters in the City of Richmond with sample ballots in substantially the form set forth in Exhibit A, attached hereto.

Section 5. The City Clerk of the City of Richmond is hereby authorized to sign a Notice of Election and Measure To Be Voted On in a form substantially similar to that attached hereto as Exhibit B. The Clerk of the City is hereby authorized and directed to publish said Notice of Election and Measure To Be Voted On at least one time not later than a week before the election in the EAST BAY TIMES, a newspaper of general circulation circulated within the City of Richmond, in accordance with the provisions of Section 12111 of the Elections Code of the State of California.

Reso. No. xx-22

Section 6. The Clerk of the City is hereby authorized and directed to cause to be delivered, no later than August 12, 2022 (which date is not fewer than 88 days prior to the date set for the Election) one copy of this Resolution to the Registrar of Voters of the County.

Section 7. The City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days of the adoption of this resolution.

Section 8. The Finance Director of the City is hereby authorized and directed to prepare and file with the Registrar of Voters (through the City Clerk) an impartial analysis of the measure contained in Section 2 hereof covering its financial impact upon the City government in accordance with Section 2.16.070 of the Municipal Code of the City, within the time established by the Registrar of Voters.

Section 9. Pursuant to Section 9282 of the Elections Code of the State of California, the legislative body of the City of Richmond, or any member or members of the legislative body authorized by the body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 200 words in length, accompanied by the printed name(s) and signature(s) of person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measure.

Section 10. This adjustment requires a majority of qualified electors casting votes.

Section 11. Pursuant to California Elections Code section 9285, subdivision (b), the City Council hereby adopts the provisions of California Elections Code section 9285, subdivision (a), relating to rebuttal arguments for the measure identified in section 2 above only for the November 8, 2022, election and thereafter this section 11 shall expire.

Section 12. This resolution shall take effect immediately upon its adoption. The ordinance shall go into effect ten (10) days after the vote is declared by the City Council. ***********************

Reso. No. xx-22

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held July 26, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney

Reso. No. xx-22

EXHIBIT A

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS ORDINANCE NO. ______________________ N.S.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF RICHMOND APPROVED AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, AMENDING THE

FAIR RENT, JUST CAUSE FOR EVICTION AND HOMEOWNER PROTECTION ORDINANCE TO LIMIT RENT INCREASES FOR REGULATED UNITS TO 3% OR 60%

OF THE CONSUMER PRICE INDEX, WHICHEVER IS LESS
The People of the City of Richmond do ordain as follows:

SECTION 1. Title and Purpose.

TITLE. This Ordinance may be cited as the RICHMOND ANNUAL ALLOWABLE RENTAL ADJUSTMENT ORDINANCE.

PURPOSE. In Richmond, certain residential rental units’ rental rates are controlled by Richmond’s Fair Rent, Just Cause For Eviction And Homeowner Protection Ordinance. As written, Landlords are entitled to an annual rent increase equivalent to “one hundred (100%) percent of the percentage increase in the Consumer Price Index (All Urban Consumers, San Francisco-Oakland-San Jose region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S.

Department of Labor, Bureau of Labor Statistics, for the 12-month period ending as of March of the current year.” The Annual General Adjustment for 2022 is five point two (5.2%) percent.

Due to historic levels of inflation, rent-controlled tenants in Richmond are set to receive an unprecedented rent increase. The historically high level of inflation has highlighted the need to ensure Richmond tenants are not forced to grapple with both rising prices of goods and services and rent increases that are inconsistent with the City’s goal of protecting residents from excessive rent increases. As Such, this Ordinance would cap rent increases for controlled units at three percent (3%) or sixty percent (60%) of the local consumer price index, whichever is lower.

SECTION 2. Findings.

This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”), since in accordance with CEQA Guidelines Section 15061, subd. (b)(3), it can be seen with certainty that there is no possibility that the activity authorized herein may have significant effect on the environment. Additionally, CEQA review does not apply when a measure is placed on the ballot and approved by the voters.

SECTION 3. Conflicting Measures.

This measure is intended to be comprehensive. It is the intent of the people of City of Richmond that in the event this measure and one or more measures relating to the Fair Rent, Just Cause For Eviction And Homeowner Protection Ordinance appear on the same ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void. If this measure is approved by a majority of the voters but does not receive a greater number of affirmative votes than any other measure appearing on the same ballot regarding the Fair Rent, Just Cause for Eviction and Homeowner Protection Act, this measure shall take effect to the extent not in conflict with said other measure or measures.

SECTION 4. Liberal Construction.

This measure shall be liberally construed to effectuate its purpose.

SECTION 5. Effective Date.

This ordinance shall be effective only if approved by a majority of the voters at the

Reso. No. xx-22

November 8, 2022, Statewide General Election and shall go into effect ten (10) days after the vote is declared by the City Council. The limitation on rent escalation stated in this Amendment shall be effective immediately upon the effective date. Over the phase-in period which extends through August 31, 2023, no tenant's rent on a controlled unit shall be higher than what it was on August 31, 2022, plus a 3% increase. After the partial year of phase-in, the regular provisions of this Amendment shall apply.

SECTION 6. Savings Clause.

If any provision, sentence, clause, section, or part of this ordinance is found to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, such unconstitutionality, illegality, or invalidity shall affect only such provision, sentence, clause, section, or part of this ordinance and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance. It is declared that this ordinance would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section, or part not been included.

SECTION 7. Fair Rent, Just Cause For Eviction And Homeowner Protection Ordinance Amendments.

Chapter 11.100.070 subdivision (b) of the Richmond Municipal Code is hereby amended as follows. Added text is shown as double underlined type; deleted text is shown as strikethrough type.
(b)Annual General Adjustment. No later than June 30 each year, the Board shall announce the percentage by which rent for eligible Rental Units will be generally adjusted effective September 1 of that year.
(1)The Annual General Adjustment shall be equal to one hundred sixty (1060%) percent of the percentage increase in the Consumer Price Index (All Urban Consumers, San Francisco-Oakland-San Jose region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the 12-month period ending as of March of the current year, or three (3%) percent, whichever is lower. (2)Subparagraph 1 of this Subsection notwithstanding, in no event shall the Annual General Adjustment be less than zero percent (0%).
(3)For the period between the effective date of this Charter and the first Annual General Adjustment announced September 1, the landlord may increase the Maximum Allowable Rent to include one Annual General Adjustment for September 2016. Notwithstanding any previously issued rent increase, the Annual General Adjustment for 2022 is three (3%) percent. In the event a landlord issued a rent increase on or after September 1, 2022 in excess of 3%, that tenant’s rent shall be adjusted to their Maximum allowable rent on August 31, 2022, plus three (3%) percent.

Reso. No. xx-22

EXHIBIT B
Notice of Election and Measure To Be Voted On

CITY OF RICHMOND

NOTICE OF GENERAL MUNICIPAL ELECTION

AND MEASURE TO BE VOTED ON
NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Richmond on Tuesday, November 8, 2022, at which there will be submitted to the voters the following measure:
"Shall the Ordinance to amend the City of Richmond’s Municipal Code, changing the City’s Rent Ordinance so that the maximum allowable rent increase on rent-controlled units is adjusted to 60 percent of CPI or three percent whichever is lower, be adopted?” Said Election has been consolidated with the Statewide General Election to be held in the City of Richmond on November 8, 2022. The election precincts within the City of Richmond for said Election shall be the regular election precincts established for said Statewide General Election, and the polling places and officers of election within the City of Richmond for said Election shall be the same as those selected and designated or to be selected and designated for said Statewide General Election.

NOTICE IS FURTHER GIVEN pursuant to Article 4, Section 9282 of the Elections Code of the State of California, the legislative body of the City of Richmond, or any member or members of the legislative body authorized by the body, or any individual voter who is eligible to vote on the measure or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measures.

NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed August 24, 2022, during normal office hours, 8:30 a.m. to 5:00 p.m., as the date after which no arguments for or against the City measure may be submitted to the Clerk for printing and distribution to the voters as provided in Article 4. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, at the Richmond City Hall, 450 Civic Center Plaza, Suite 300, Richmond, California. No more than five signatures may appear on the argument.

NOTICE IS FURTHER GIVEN that the City Council of the City of Richmond has determined that rebuttal arguments, not to exceed 250 words in length, as submitted by the authors of the opposing direct arguments, may be filed with the City Clerk by August 29, 2022, during normal office hours, 8:30 a.m. to 5:00 p.m., accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers.

No more than five signatures may appear on the rebuttal.

NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed under the authority of the Elections Code will be available for public examination in the City Clerk’s office from August 25, 2022, to September 7, 2022. Any rebuttal argument filed under the authority of the Elections Code will be available for public examination in the City Clerk’s Office from August 30, 2022, to September 12, 2022.

The polls will be open on Election Day between the hours of 7:00 a.m. and 8:00 p.m.

Pamela Christian
Clerk of the City of Richmond

Reso. No. xx-22

City Elections Official
NOTA:

Si desea obtener informacion en Espanol de este aviso legal, puede llamar a la Oficina de la Secretaria Municipal, (510) 620-6513.

Dated: Publish:

City Council
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Eduardo Martinez, Vice-Mayor
Subject: Request for Proposals (RFP) for Scanning of Fire Prevention Services Division Files and a Software
Service to Store the Scanned Info
FINANCIAL IMPACT: Final costs will be presented to City Council for approval.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City Council is seeking to direct City staff to create a Request for Proposals (RFP) for a third-party scanning of Richmond Fire Department’s (RFD’s) Prevention
Services division files to digitize the Wildland Urban
Interface Inspections analysis and reports, and for a
software product to store the scanned information
RECOMMENDED ACTION: DIRECT City staff to create a Request for Proposals (RFP) for third-party scanning of Richmond Fire
Department Prevention Services Division files to digitize Wildland Urban Interface Inspections (WUI) inspection
reports, notices, and other related processes, and for a software product to store the scanned information –
Councilmember Eduardo Martinez 510-620-6593)
AGENDA
REPORT

DISCUSSION:

Wildland Urban Interface Inspections (WUI) are a vital part of the Richmond Fire Department’s (RFD) efforts to prevent wildfires in urban spaces. These inspections are especially important as we approach stronger fire seasons and hotter temperatures that make the city more prone to wildfires, especially in areas with houses surrounded by vegetation and fuel for fires.

Inspection Reports:

Currently, the Fire Department provides residents with a “Notice of Defensible Space Inspection'' to alert of safety violations that need to be corrected to limit the possible spread of wildfire in urban neighborhoods. These reports, from the notice provided to the resident, to the records kept by RFD, are done completely over pen and paper.

Every report is completed by hand by the inspector and stored in a physical place, a process that is very inefficient as it is heavily time intensive and requires paper documents to be stored in City offices.

Records kept by the Fire Department’s Prevention Services Division are not accessible digitally because the division’s files have never been scanned. Having to locate physical files any time they’re needed makes accessing department files a lengthy, inefficient task for one of the city’s most vital public safety services, as well as for the general public.

The is a considerable need to digitize the Prevention Service Division’s current and future files. Quick and remote access to existing files, as well as the creation and storage of future files digitally, is a key way to relieve some of the Department’s overburdened staff from the current lengthy process.

City Council would like for City staff to explore a less daunting, more efficient method to perform the associated tasks and material needs, such as conducting inspections and noticing residents of violations requiring correction, through the release of a Request for Proposals (RFP) detailing the need for services.

Therefore, by City Council approving this item, we are directing City staff to create an RFP for a third-party scanning of RFD’s Prevention Services Division files to digitize Wildland Urban Interface Inspections (WUI) reports, notices, and other related processes, and for a software product to store the scanned information with a goal of engaging in a contract to span the next five years for the services.

DOCUMENTS ATTACHED:

None

July 26, 2022
Economic Development
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Shasa Curl, City Manager
Samantha Carr, Environmental Manager
Subject: CivicSpark AmeriCorps Fellows Contract Amendment FINANCIAL IMPACT: The contract for two CivicSpark AmeriCorps fellows in the amount of $63,000 is proposed to be funded by the
following two funding sources: 1) $34,000 from the
Environmental and Community Investment Agreement for
implementation of the City’s Climate Action Plan
(11771018 400201 2A1AA); and 2) $29,000 from the
Republic Services Franchise Fee (01362765 400201
2GI01).

PREVIOUS COUNCIL
ACTION:

July 27, 2021

STATEMENT OF THE
ISSUE:

Civic Well (formally Local Government Commission) has
“CivicSpark” AmeriCorps fellows available for placement with local governments, public agencies, and other
nonprofits to work on energy and climate projects during the FY 2022-2023 service year.

AGENDA
REPORT

July 26, 2022
RECOMMENDED ACTION: APPROVE a first amendment to the contract with Civic Well (formally Local Government Commission) for two
fellows during the FY 2022-2023 CivicSpark service year, increasing the contact amount by $63,000, for a total
contract amount not to exceed $120,000, with a new
agreement expiration term of December 31, 2023 – City
Manager’s Office, Economic Development (Samantha
Carr 620-5407).

DISCUSSION:

Background
CivicSpark is a Governor’s Initiative AmeriCorps program dedicated to building capacity for local public agencies to address community resilience issues such as climate change, water resource management, housing, and mobility. CivicSpark is a program of Civic Well (formally Local Government Commission) in partnership with the State of California through the Office of Planning and Research, and California Volunteers.

Civic Well provides training, support, AmeriCorps payroll and administrative services, recruitment, and placement of CivicSpark fellows as part of the service contract.

The City of Richmond received a placement of two CivicSpark AmeriCorps fellows for the 2022-2023 program year. The CivicSpark program is administered by Civic Well and the California Volunteers Associations. The term of the fellowship is September 2022 through August 2023. The CivicSpark fellowship cost is $29,000 for a full-time fellow with an 11-month fellowship. If a CivicSpark fellow decides to extend and complete a second year of service with the same site, it is a cost of $34,000.

The two CivicSpark fellows assigned to Richmond will be dedicated to working on Climate Action Plan (CAP) implementation and update in the Environmental and Health Initiatives Division. Both Fellows will focus on the continued development of the City’s Climate Action Plan open data platform (www.transparentrichmond.org) and the Climate Action Plan update. Separately, one Fellow will focus on renewable energy generation and Zero Net Energy while the other Fellow will focus on SB 1383 outreach and Zero Waste initiatives. The project will interface with the public and decision makers by leveraging and integrating the City’s existing software systems with the City’s Climate Action Plan and will also assist in the implementation of zero waste and energy programs with residents, businesses, and governmental facilities.

Synergy with Existing City Policy
Goal EC1: Leadership in Managing Climate Change of the Richmond Climate Action Plan directs City staff members to take steps to address climate change and to manage its effects. This entails not only pursuing ground-breaking programs and innovative strategies but educating residents and businesses about these actions and actively

July 26, 2022
monitoring results to ensure progress in critical areas. Partner with other jurisdictions and organizations to develop effective regional solutions and regulation at regional, state, and federal levels. Collaborate with residents, businesses, public agencies, and neighboring jurisdictions, to meet or exceed state requirements for reductions in greenhouse gas emissions.

Action EC1.B: Public Awareness and Education Program of the Richmond Climate Action Plan directs City staff members to develop a program to educate and inform residents and businesses about key climate change challenges and potential solutions.

Develop and disseminate information on topics such as waste reduction, recycling, green buildings and landscaping, and renewable energy generation. Utilize a range of tools including fact sheets, website newsletters, advertising, and workshops to reach potential audiences. The program should be reviewed and evaluated periodically for effectiveness. The public awareness and education program should be incorporated into the climate action plan.

DOCUMENTS ATTACHED:

Attachment 1 – CivicSpark Service Agreement
Attachment 2 – FY 22-23 CivicSpark Service Agreement Amendment

AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
THIS AGREEMENT is made and entered into as of September 1, 2021 by and between the City of Richmond ("Partner”) and the Local Government Commission (“LGC").

RECITALS
A. Partner desires to engage LGC to provide certain services through the CivicSpark program.

B. CivicSpark is a federally funded AmeriCorps program operated by LGC, in which LGC recruits, hires, and supervises emerging professionals.

C. The CivicSpark Program provides capacity building services to local governments in California through project implementation activities performed by LGC teams; LGC staff and CivicSpark Fellows (Fellows). Fellows can only work on contracted and allowable service activities (Exhibit “A”). CivicSpark will provide this service to local governments by conducting assessments, implementing planning or action projects, engaging volunteers, and transferring knowledge to local government staff.

D. LGC desires to provide those services and to be compensated accordingly.

E. Partner and LGC enter into this Agreement in order to memorialize the terms concerning LGC's performance of the services and Partner's obligations with respect thereto.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and LGC hereby covenant and agree as follows:

1. Appointment. Partner hereby appoints LGC as an independent contractor to perform the services described in Exhibit "B", "Scope of Services" attached hereto. LGC hereby accepts such appointment on the terms and conditions set forth herein.

Partner also agrees to the responsibilities and roles as described in Exhibit “C”, as they relate to Partner’s participation in the CivicSpark program. Partner hereby accepts such responsibilities on the terms and conditions set forth herein.

Neither party may vary the scope of services described in Exhibit "B" or responsibilities in Exhibit “C” except as expressly agreed to in writing by the other party. The budgets for direct labor and expenses are based on the services described in Exhibit "B." Any modification of the scope of services may affect direct labor costs and project expenses and must be approved in writing by Partner

2. Performance of Consulting Services. LGC shall perform the services in a diligent, competent and professional manner.

3. Consulting Fee; Reimbursable Expenses.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

(a) Partner shall pay LGC a fee for the services provided, as described in Exhibit "D," "Description of Compensation," attached hereto.
(b) LGC shall be entitled to reimbursement for out-of-pocket expenses incurred in the performance of this Agreement, limited to those expenses listed in Exhibit "E," "Reimbursable Expenses," attached hereto, up to the maximum amount set forth in Exhibit "E." Upon receipt of LGC’s invoice, Partner shall notify LGC if it has any exceptions to LGC’s invoice. When LGC and Partner are in agreement on the terms of LGC’s invoice, Partner shall submit the invoice for payment. Partner shall reimburse LGC within thirty (30) days of receiving the invoice.

4. Term. The term of this Agreement shall commence and LGC's duties and responsibilities under this Agreement shall begin as of the date first written above and shall continue, as agreed to in the timeline defined in Exhibit “F.” This agreement is subject to earlier termination as provided herein, until the services are complete and all compensation and reimbursable expenses are paid to LGC.

This agreement may be terminated at any time by either party for cause. This agreement may be terminated by either party, without cause, upon 30 days written notice to the non-terminating party.

5. Excuse of Performance. LGC's obligation to perform the services specified in this contract shall be excused if the performance is prevented or substantially delayed due to circumstances not caused, in whole or in part, by LGC, including any such circumstances caused by Partner.

6. Independent Contractor. It is the intent of the parties that LGC is and shall remain an independent contractor, and LGC shall (i) comply in all material respects with all the laws, rules, ordinances, regulations and restrictions applicable to the services, and (ii) pay all federal and state taxes applicable to LGC, whether levied under existing or subsequently enacted laws, rules or regulations. The parties hereto do not intend to create an employer-employee or master-servant relationship of any kind.

7. Insurance. LGC agrees to maintain: (1) commercial general liability insurance with minimum limits of $1,000,000, written on an occurrence form basis and $3,000,000 general aggregate, protecting it from claims for personal injury (including bodily injury and death) and property damage which may arise from or in connection with the performance of LGC’s Services hereunder or from or out of any act or omission of LGC, its officers, directors, agents, subcontractors or employees; (2) professional liability insurance with minimum limits of $2,000,000; (3) worker’s compensation insurance as required by law; and (4) hired and non-owned auto insurance with minimum limits of $1,000,000 for each accident. If requested, LGC shall provide a certificate of said insurance and an additional insured endorsement to Partner within 10 days of the execution of this Agreement.

8. Indemnification. To the extent limited by applicable law, the Parties shall defend, indemnify, and hold harmless the other Party and all of its directors, officers, agents, contractors, volunteers, and employees, from any and all liabilities and claims to the extent arising out of or in any way related to the indemnifying Party’s performance of this Agreement or representations made in this Agreement.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

9. Ownership of Documents. Ownership of any designs, plans, maps, reports, specifications, drawings, and other information or items produced by LGC while performing Services under this Agreement will be assigned to and owned jointly by LGC and Partner. The original of all reports, memoranda, studies, plans, specifications, drawings, materials, exhibits, maps or other similar or related documents prepared by LGC in the performance of the Services for Partner shall be the joint property of LGC and Partner.

10. Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered if personally delivered, or three (3) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, and shall be addressed as follows:

To Partner:

Samantha Carr
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA, 94804
(510) 620-5407
[email protected]
To LGC:

Lare Bloodworth
Local Government Commission
980 9th Street, Suite 1700
Sacramento, CA 95814-2736
916-448-1198 x 302
916-448-8246 fax
[email protected]
Either party may change its address by giving written notice thereof to the other party.

11. Attorneys' Fees. The party prevailing in any action at law or in equity necessary to enforce or interpret the terms of this Agreement shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled.

12. Governing Law. This Agreement shall be governed by the laws of the State of California.

13. Entire Agreement; Amendments. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

14. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement.

15. Severability. If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby.

16. Waiver. The waiver of any breach of any provision hereunder by any party hereto shall not be deemed to be a waiver of any preceding or subsequent breach hereunder.

17. Warranty of Authority. Each of the undersigned hereby warrants that he/she has authority on behalf of his or her principal to execute this Agreement and to bind such principal to the terms hereof.

18. Counterparts. This Agreement may be executed by electronic or hard-copy signature and in any number of counterparts, each of which shall be deemed to be one and the same instrument. The exchange of executed copies of this Agreement by facsimile, email or other electronic transmission will constitute effective execution and delivery of this Agreement for all purposes. Signatures of the parties transmitted by such methods will be treated in all respects as having the same effect as an original signature.

DATED:

SIGNATURE:

TITLE: MAYOR

PARTNER: CITY OF RICHMOND
DATED:

Lare Bloodworth, Chief Financial Officer

LOCAL GOVERNMENT COMMISSION
DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67 8/13/2021
8/18/2021

Exhibit “A” Contracted Performance Measures and Prohibited Activities LGC has contracted with the Corporation of National and Community Service to implement CivicSpark as an AmeriCorps program. Fellows can only work on service outlined in performance measures approved by the Corporation for National and Community Service and must abide by Federal guidelines for AmeriCorps program implementation. Performance measures define how CivicSpark will provide service to local governments by: conducting assessments; implementing planning, research or implementation projects; engaging volunteers; and transferring knowledge to local government staff.

The project scope in exhibit A must align with the measures below:
1) Capacity Building for Local Governments – Fellows’ direct service hours should be spent building capacity for local government beneficiaries to address their relative needs with regard to specific issues (e.g. climate, water, housing etc.). Fellows will address these needs by assisting one or more local government beneficiary to develop or implement projects that they would otherwise not be able to complete. Capacity building for Fellows will be delivered in 3 stages, including: 1) gap assessments; 2) research, planning, and implementation service projects; and transition of knowledge.
2) Volunteer Engagement – All Fellows should have the opportunity to build further capacity by engaging, recruiting, and supporting volunteers. Volunteers may be engaged as either one-time volunteers (e.g. – volunteers to assist for a specific event such as Earth Day or service activities) or as on-going volunteers such as interns).
3) Training and Professional Development for Fellows – Fellows can spend up to 20% of their service year (340 of their 1700 total hours) on training. Training includes the 1-week orientation at the start of the service year, mid-year gathering, continued monthly trainings, and professional development and networking opportunities. Training hours ensure that Fellows have the training and tools they need to succeed in their service work and to grow as professionals.

The majority of the work provided by CivicSpark to local governments via direct service only involves the first measure (Capacity Building). The second and third measure is predominantly met through training, service and professional development activities provided to the Fellows by LGC. Some activities that occur while working with local government beneficiaries or other project partners may be considered training and professional development, such as networking events and trainings conducted by or attended in partnership with Partner.

Federal guidelines further restrict certain activities, which cannot be engaged in by CivicSpark Fellows or Supervisors while charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation for National and Community Service, this includes direct fundraising or grant writing which are not allowable activities in CivicSpark. In addition to only working on contracted performance measure service activities, the following activities are prohibited (see 45 CFR § 2520.65):
1) Attempting to influence legislation;
2) Organizing or engaging in protests, petitions, boycotts, or strikes; 3) Assisting, promoting, or deterring union organizing; 4) Impairing existing contracts for services or collective bargaining agreements; 5) Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office;
DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

6) Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials;
7) Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization;
8) Providing a direct benefit to—
a) A business organized for profit;
b) A labor union;
c) A partisan political organization;
d) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and
e) An organization engaged in the religious activities described above, unless CNCS assistance is not used to support those religious activities;
9) Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; 10) Providing abortion services or referrals for receipt of such services; and 11) Such other activities as CNCS may prohibit.

Fellows, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However, the AmeriCorps logo must not be worn while doing so.

Per Federal Guidelines and LGC policies, CivicSpark Programs and activities must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation. In support of this.
1) LGC and Partner will comply with Equal Opportunity Employment guidelines. 2) LGC and Partner will endeavor to make reasonable accommodations to known physical or mental limitations of qualified AmeriCorps members with disabilities unless the accommodation would impose an undue hardship on the program operations. 3) LGC and Partner will endeavor to accommodate the sincere religious beliefs of AmeriCorps Members to the extent such accommodation does not pose an undue hardship on the Organization's operations.
4) LGC and Partner will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

Exhibit "B" Scope of Services
LGC will perform the following services:
1) General Program Responsibilities
a) Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b) Recruit and train Fellows to provide capacity building services for the region. c) Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year.
d) Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior.
e) Manage local government beneficiary and/or other partner service contracts. f) Share outcomes from service with Partner.
2) Fellow Responsibilities
a) Pass a state, national, and National Sex Offender Public Website (NSOPW) background check before starting their service year.
b) Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c) Serve an average of 37 hours per week for 11 months, serving a minimum of 1700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d) Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Exhibit A above.
e) Complete accurate project reporting in a timely manner as required by the Corporation for National Community Service (CNCS), including: assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments. f) Avoid participation in prohibited activities.
g) Identify as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h) Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; State Day of Service, and AmeriCorps week Service Day. 3) Project Specific Scope of Work
a) The City of Richmond provides CivicSpark members an opportunity to complete projects within an 11-month time frame and a significantly contribute to advancing the City's Climate Action Plan and Health in All Policy goals. The City of Richmond seeks to hire two CivicSpark members that will be focused on Climate Action planning and implementation. Both CivicSpark Fellows will assist with the Climate Action Plan update.

One CivicSpark Fellow will focus on 1) the continued development of the City’s Climate Action Plan open data platform on Transparent Richmond (www.transparentrichmond.org); and 2) implementation of renewable energy and zero net energy initiatives included in the Richmond Climate Action Plan. The project will interface with the public and decision makers by leveraging and integrating the City's existing software systems with the City's Climate Action Plan dashboard utilizing application programming interface tools.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

The second CivicSpark fellow will focus on 1) Assisting in the implementation of zero waste programs with residents, businesses, and governmental facilities included in the Climate Action Plan; and 2) implementation and update of city policies related to SB 1383. This project will interface with the public through educational outreach and the Transparent Richmond dashboard as well as decision makers to update necessary city documents. b) This project will include: 1) an initial gap assessment conducted by the Fellow, 2) a volunteer engagement component, and 3) a transitional support activity. i) Minor changes to the scope following the requisite gap assessment process may be needed. ii) The project will comply with AmeriCorps service guidelines including prohibited activities described in Exhibit “A”.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

Exhibit "C" Partner Responsibilities
Partner will perform the following services:
1) Support Responsibilities
a) Support Fellow recruitment by advertising your open placement through appropriate channels and networks (e.g., websites, newsletters, social media, job boards, etc.) b) Identify one staff member to act as the “Site Supervisor” for the project, and point person for both the Fellow and CivicSpark staff.
c) Site Supervisor shall support project implementation and professional development by:
i) Setting aside at least 1 hour/week to check in with each Fellow and provide assistance for each approved project.
ii) Familiarizing Fellows to the host organization (including safety procedures and protocols), resources, and project scope.
iii) Completing an initial performance assessment of each Fellow (survey and goal setting) within 1 month of the start of the service year; conducting a mid-year performance review; and completing a final performance review survey prior to the end of the service year. iv) Seeking opportunities to integrate Fellows’ professional goals into project activities. v) As appropriate, facilitating Fellows’ transition at the end of their service year by introducing Fellows to relevant colleagues and networks.
vi) Provide adequate professional workspace for Fellows (e.g., desk, computer, phone), and ensure that site and workplace are accessible to individuals with disabilities if needed. vii)If needed due to shelter-in-place requirements, be able to support remote service for Fellows (e.g. remote access to files, plans for remote check-in and support, technology support for remote work)
d) Develop defined project scope(s) and identify goals to be completed in agreed upon timeframe. e) Support implementation of project(s) consistent with scope above and in line with CivicSpark program goals (including supporting volunteer engagement activities and participating in transitional event)
f) Keep Regional Coordinators and/or other LGC staff apprised of project developments and/or challenges, and working to redefine project scope(s) and goals as necessary. g) If challenges arise (related to professionalism, work products, etc.) provide specific written feedback to the Fellow and share with LGC staff in a timely manner so LGC staff can assess the challenges and intervene as needed.
h) Assist with occasional site visits to Partner by LGC staff. i) Not displace Partner staff or volunteers through the use of CivicSpark Fellows, nor have CivicSpark Fellows perform any services or duties that would supplant the hiring of employed workers.
j) Not offer the CivicSpark Fellow part time work that is substantially similar to their CivicSpark scope of work, nor offer them full time employment with a start date prior to the Service Year end date.
2) Reporting Responsibilities
a) Complete applications for CivicSpark projects, identifying:
i) Total hours desired for service work;
ii) Identification of at least 2 projects for at least 1 beneficiary per fellow (or 1 project for 2 or more beneficiaries).

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

(1) Beneficiaries can be individual departments within a single local government or even individual staff members within the same department.
(2) Specific eligibility requirements are provided here: http://civicspark.lgc.org/joincivicspark/project/ b) Ensure a staff person involved in the project from each local government beneficiary completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year. The pre-service survey defines goals for the project and establishes a baseline perspective on issues relevant to the specific project issue (i.e., climate, water, housing, mobility, etc.). The post-service survey evaluates the degree to which the Fellows’ work made progress toward the goals and baselines established in the pre-service capacity assessment survey.
c) Ensure a staff person involved in the project from each local government beneficiary participates in a project interview early on in the service year (within the first 2-3 weeks), a part of the CivicSpark gap assessment process.
d) Submit Fellow performance assessments on time, as described above. e) Complete any additional project reporting defined as necessary. f) Allow CivicSpark to share results of all reporting with California Volunteers and CNCS, for required grant reporting.

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

Exhibit "D" Description of Compensation
Costs, total project hours1, additional prep-hours and travel budget for support options on a per-Fellow basis are defined below.

LGC will receive no more than $57,000, for 2 Fellows for performing the services of this contract.

Work completed under this contract will be performed by CivicSpark AmeriCorps Fellows.

Unless otherwise agreed, invoices will be the total amount of the contract divided into 11 equal installments and billed monthly over the Fellows’ 11-month term of service. Invoices will only include the amount due in each given installment. A separate hours to date report is provided for reference each month. Partner must inform LGC prior to the project start if they need invoices to include specific format, tasks, billing codes, or other details. Partner must also provide clear instructions to LGC about how time should be tracked and reported, if necessary.

LGC is committing to making the CivicSpark Fellow available for a specific period. Therefore, LGC will invoice Partner for the full installment amount in each period, regardless of Fellow activity during any given period. If for some reason LGC is unable to provide services for the full contract duration (e.g., a Fellow leaves the program for medical or personal reasons and a suitable replacement cannot be provided), Partner is only responsible for the portion of the contract amount for the period of service actually provided.

Exhibit "E" Reimbursable Expenses
LGC does not cover project related expenses related to the service project. All project related expenses are the responsibility of Partner.

Should partner wish to have Fellow incur project related expenses, those expenses shall be submitted to Partner in writing for approval prior to Partner being charged for reimbursement for an expense incurred during the completion of activities outlined in the Scope of Service ( Exhibit “B”).

Exhibit "F" Timeline
All tasks enumerated in Exhibit "B" are to start on September 14, 2021 and should be completed by December 31, 2022.
1 Note that project hours include all project related activities as well as basic administrative tasks related to CivicSpark service (e.g., completing timecards, progress reports, project related communications with LGC staff, etc.).

DocuSign Envelope ID: C54EC699-2D92-464F-8138-62E3125D5D67

{00022668.1} Page 1 of 3

FIRST AMENDMENT TO

AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR

THIS FIRST AMENDMENT TO AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR (“Amendment”) is made and entered into as of September 1, 2022 (“Effective Date”) by and between City of Richmond (“Partner”) and CivicWell (formerly the Local Government Commission), a California nonprofit public benefit corporation.

RECITALS
A. WHEREAS, the Partner and CivicWell have entered into the Agreement (as defined below); and B. WHEREAS, the Partner and CivicWell desire to modify the Agreement on the terms and conditions set forth herein to update contractual clauses.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and CivicWell hereby covenant and agree as follows:

AGREEMENT

1. Agreement. Refers to the Agreement for Services of Independent Contractor dated __________ between the Partner and CivicWell.

2. Definitions. Defined terms not otherwise defined in this Amendment shall have the meanings ascribed to them in the Agreement.

3. Modifications to the Agreement. The Agreement is hereby modified as follows:
a. Exhibit B - Scope of Services. Exhibit B – Scope of Services, Item 3 is hereby added:

Project Specific Scope of Work
a. Project Specific Scope of Work a) The City of Richmond provides CivicSpark members an opportunity to complete projects within an 11-month time frame and a significantly contribute to advancing the City's Climate Action Plan and Health in All Policy goals.

The City of Richmond seeks to hire two CivicSpark members that will be focused on Climate Action planning and implementation. Both CivicSpark Fellows will assist with the Climate Action Plan update. One CivicSpark Fellow will focus on 1) the continued development of the City’s Climate Action Plan open data platform on Transparent Richmond (www.transparentrichmond.org); and 2) implementation of renewable energy and zero net energy initiatives included in the Richmond Climate Action Plan. The project will interface with the public and decision makers by leveraging and integrating the City's existing software systems with the City's Climate Action Plan dashboard utilizing application programming interface tools.

The second CivicSpark fellow will focus on 1) Assisting in the implementation of zero waste programs with residents, businesses, and governmental facilities included in the Climate Action Plan; and 2) implementation and update of city policies related to SB 1383. This project will interface with the public through educational outreach and the

{00022668.1} Page 2 of 3
Transparent Richmond dashboard as well as decision makers to update necessary city documents.
b. This project will include: (1) an initial gap assessment conducted by the Fellow, (2) a volunteer engagement component, and (3) a transitional support activity. i. Minor changes to the scope following the requisite gap assessment process may be needed.
ii. The project will comply with AmeriCorps service guidelines including prohibited activities described in Exhibit A – Contracted Performance Measures and Prohibited Activities.
b. Exhibit D - Compensation. Exhibit D – Compensation, Paragraph 2 is hereby amended in its entirety to read as follows:

First Amendment to the contract with CivicWell will be for two fellows during the FY 2022-23 CivicSpark term increasing the contact amount by $63,000 for a total contract amount not to exceed $120,000 with a new Agreement expiration term of December 31, 2023.

Exhibit D – Compensation, Paragraph 4 is hereby amended in its entirety to read as follows:

Installment Billing
Invoices will be the total amount of the contract divided into 4 equal installments, billed over the Fellow(s)’ term of service with the first installment due at contract signing. CivicWell will bill the Partner for the full installment amount regardless of Fellow activity during any given period. If for some reason CivicWell is unable to provide services for the full contract duration (e.g., a Fellow leaves the program for medical or personal reasons and a suitable replacement cannot be provided), Partner is only responsible for the portion of the contract amount for the hours of service actually provided. Partner must inform CivicWell prior to the project start if they need invoices to include specific format, tasks, billing codes, or other details. Partner must also provide clear instructions to CivicWell about how time should be tracked and reported, if necessary.
c. Exhibit F – Timeline. Exhibit F – Timeline, is hereby amended in its entirety to read as follows:

All tasks enumerated in Exhibit B – Scope of Services should be completed by December 31, 2023.

4. Conflict or Inconsistency. In the event of any conflict or inconsistency between the terms of this Amendment and the Agreement, the terms and conditions of this Amendment shall prevail. Except as modified by this Amendment, all provisions of the Agreement remain in full force and effect and are reaffirmed.

5. Entire Agreement; Amendment. This Amendment, together with the Agreement, constitutes the entire agreement between the parties pertaining to the subject matter of the Agreement and this Amendment. No provision of this Amendment may not be amended or added except by an agreement in writing signed by the parties hereto or their respective successors in interest.

{00022668.1} Page 3 of 3
Dated as of the Effective Date set forth above.

PARTNER:

City of Richmond, California
By
_______________________________
Thomas K. Butt, Mayor
CIVICWELL;
CIVICWELL, a California nonprofit public
benefit corporation
By
Lare Bloodworth, Chief Financial Officer

July 26, 2022
Human Resources
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Sharrone Taylor, Interim Human Resources Director Teresa Fairbanks, Human Resources Manager
Subject: Approve a Third Contract Amendment with the Segal Group (Western States) DBA Segal to Update
Classification and Compensation Data
FINANCIAL IMPACT: Funding of $50,000 will need to be appropriated to the Human Resources Department’s operating budget
Professional Services account string (01181016-400201).

PREVIOUS COUNCIL
ACTION:

April 21, 2020
January 18, 2022

STATEMENT OF THE
ISSUE:

City Council approval is required to amend the contract with Segal to expand the scope of services to update
classification and compensation data and provide support to assist in implementation of the classification and
compensation study and to increase the contract limit by $50,000, for a new not to exceed contract limit amount of $330,000.

RECOMMENDED ACTION: APPROVE a third amendment to the contract with The Segal Group, Inc. in the amount of $50,000, for a total amount not to exceed $330,000, to update compensation
and classification data; and APPROVE the appropriation
of these funds from the general fund reserve balance -
Human Resources Department (Sharrone Taylor/Teresa
Fairbanks 510-620-6602).

AGENDA
REPORT

July 26, 2022
DISCUSSION:

On April 21, 2020, the City entered into a contract in the amount of $250,000 with The Segal Group, Inc. to conduct a comprehensive city-wide classification and compensation study. On January 18, 2022, a contract amendment was approved by City Council for supplemental services to produce cost-effective implementation strategies and to finalize job classification specifications. A third amendment to increase the contract value is being requested to update the classification and compensation study and provide support to assist in the implementation.

The amendment is necessary to complete the city-wide classification and compensation study and will be the final phase of the implementation process. By amending the contract and increasing the contract amount, the City will be able to secure the services necessary to finalize the city-wide classification and compensation study.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – First Amendment to the Contract
Attachment 3 – Second Amendment to the Contract
Attachment 4 – Proposed Third Amendment to the Contract






















  
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eDocuSign Envelope ID: 96CAB2D6-C1CD-498A-9EA8-0699C6ABC35B fghijklmlnopfqorestuvvwveuxyyvyxzmmmx{|{}x}vvm}meeyy|~

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 96CAB2D6-C1CD-498A-9EA8-0699C6ABC35B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 96CAB2D6-C1CD-498A-9EA8-0699C6ABC35B

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 96CAB2D6-C1CD-498A-9EA8-0699C6ABC35B

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Human Resources Anil Comelo [email protected] 620-6609 14519 5184 Performs a comprehensive classification and compensation study for the City. ✔
2 The Segal Group Inc. (Western States) dba Segal 5057 Keller Springs Road, Suite 101 Addison, TX 75001-6316 Ruth Ann Eledge (214) 930-7291 [email protected] 40060080 April 22, 2022 ✔ a Maryland Corporation April 21, 2020 May 1, 2020 June 30, 2022 250,000.00 DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

The Segal Group Inc. (Western States) dba Segal
DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF Vice President
DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF City Manager

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

AMENDMENT PROVISIONS (TERM AND SERVICE PLAN)

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

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

Contract Amendment/EJ/TE 9-26-07
The Segal Group Inc. (Western States) dba Segal 2 5184 May 1, 2020 June 30, 2023 No changes to Service Plan.

DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF

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

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

Service Plan
The Segal Group Inc. (Western States) dba Segal 2 5184 1/18/202230,000.00 280,000.00 ✔ 6/30/2023 280,000.00 280,000.00 280,000.00 ✔
280,000.00
DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: FB22050E-60EB-4971-916E-1F0FD20D55EF DocuSign Envelope ID: 5993EEDA-8F54-432F-8A01-21A23BF476CF

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

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

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

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

Contract Amendment/EJ/TE 9-26-07

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

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

Service Plan

1 City of Richmond, CA
Statement of Work for Compensation Study
Timing
Start Date: Upon receipt of signed agreement
Completion Date: 30 – 60 days from receipt of signed agreement Fees and Expenses
Segal is fully aware of the sensitivity of budget allocations for employers. We believe that you will find our approach focused toward achieving the City’s objectives in the most cost-effective manner consistent with quality, accuracy, and timeliness.

Project Step

1. Project Initiation
Kick-off meeting with the City’s Project Team via videoconference

2. Compensation Study Covering Safety (Fire and Police) Positions Assumptions:
• Confirm benchmark job titles to include eight (8) Fire positions and (5) Police positions • Collect and analyze salary market data that includes previously selected data Segal has collected prior, but ensures it is reported specific to each individual bargaining unit under Police and Fire (188, RFMA, RPOA, RPMA)
• Develop a compensation benchmarking tool in MS Excel to analyze the salary data • Review and recommend updates to the current pay structure • Prepare a report detailing our methodology and findings with at least the following:
– An Executive Summary, briefly describing our key findings – A description of the study objectives and methodology – Appendices showing detailed information collected for the market study Attachment I

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

July 26, 2022
Information Technology
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Sue Hartman, Director of Information Technology
Subject: Contract with Granicus for KCRT Audio-Video Upgrade of City Council Chambers Broadcast Equipment
FINANCIAL IMPACT: Funds are available in the KCRT Division of the Information Technology Department CIP budget for
Fiscal Year 2022-2023 (40864281 400702 06F03)

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City’s Council Chambers needs replacement
equipment to improve audio video, including a service to allow archived streaming, and upgrade equipment that
allows for a higher definition when broadcasting.

RECOMMENDED ACTION: APPROVE the purchase of legacy audio video equipment and services from Granicus in an amount not
to exceed $19,102 – Information Technology Department
(Sue Hartman 510-620-6874).

DISCUSSION:

The City of Richmond City Council Chambers needs the replacement of aging legacy audio video equipment to improve the broadcast of public meetings. The equipment and AGENDA
REPORT

July 26, 2022
services in the proposed contract with Granicus include cloud-based software that will stream public meetings remotely utilizing enhanced encoders and providing archived videos for on-demand viewing. Training and setup are included.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Contract
Attachment 2 – IT Authorization

1 Master Subscription Agreement
This Master Subscription Agreement (“Agreement) is entered into and effective as of the date last signed below (“Effective Date”) by and between Richmond, California (“Customer”) and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (“Granicus”). Customer and Granicus may each be referred to herein as “Party” or collectively as “Parties”.

1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified:
“Agreement Term” means the total time covered by the Initial Term and all Extension Terms for each Order or SOW under this Agreement, further specified in Section 7.1. “Extension Term” means any term that increases the length of the Initial Term of this Agreement or an Order Term of an Order or SOW.
“Granicus Products and Services” means the products and services made available to Customer pursuant to this Agreement, which may include Granicus products and services accessible for use by Customer on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order or SOW.
“Initial Term” shall have the meaning specified in Exhibit A or Order or SOW between Granicus and Customer for the first duration of performance that Customer has access to Granicus Products and Services.
“Order” means a written order, proposal, or purchase document in which Granicus agrees to provide and Customer agrees to purchase specific Granicus Products and Services. “Order Term” means the then-current duration of performance identified on each Order or SOW, for which Granicus has committed to provide, and Customer has committed to pay for, Granicus Products and Services.
“Statement of Work” or “SOW” means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/or performed by Granicus. Each Order or SOW shall describe the Parties’ performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order or SOW placed hereunder. “Support” means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order or SOW placed between the Parties.

2. Ordering and Scope

2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order or SOW related to the sale and purchase of Granicus Products and Services. Each Order or SOW will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order or SOW must, generally, be signed by the Parties; although, when a validly-issued purchase order by Customer accompanies the Order or SOW, then the Order or SOW need not be executed by the Parties. Each Order or SOW shall be governed by this Agreement regardless of any pre-printed legal terms on each Order or SOW, and by this reference is incorporated herein.

2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Customer is not materially diminished.

2 2.3. Future Functionality. Customer acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features.

2.4. Cooperative Purchasing. To the extent permitted by law and approved by Customer, the terms of this Agreement and set forth in one or more Order or SOW may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other duly signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Customer and the applicable additional party upon written request.

3. Use of Granicus Products and Services and Proprietary Rights

3.1. Granicus Products and Services. The Granicus Products and Services are purchased by Customer as subscriptions during an Order Term specified in each Order or SOW. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1.

3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order or SOW (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable Order or SOW.

3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Customer sources (interactions with end users and opt-in contact lists). Customer cannot upload purchased contact information into Granicus Products and Services without Granicus’ written permission and professional services support for list cleansing.

3.2.2. Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Customer’s passwords.

3.2.3. Content. Customer can only use Granicus Products and Services to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus.

3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party.

3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Customer and a third party that compensates Customer for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services.

3.3. Restrictions. Customer shall not:

3 3.3.1. Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted;

3.3.2. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus customers;

3.3.3. Customer must not use the Granicus Products and Services in a manner in which system or network resources are unreasonably denied to other Granicus clients;

3.3.4. Customer must not use the Services as a door or signpost to another server.

3.3.5. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order or SOW placed hereunder;

3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services;

3.3.7. Use the Granicus Products and Services for any unlawful purposes;

3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations;

3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or

3.3.10.Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part.

3.4. Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion.

3.5. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them.

4. Payment

4.1. Fees. Customer agrees to pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront according to the billing frequency specified in each Order or SOW. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Customer’s responsibility to provide applicable exemption certificate(s).

4.2. Disputed Invoiced Amounts. Customershall provide Granicus with detailed written notice of any amount(s) Customer reasonably disputes within thirty (30) days of the date of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Customer has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Customer’s failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Customer’s acceptance of the content of such invoice.

4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Customer at least thirty (30) days prior to the end of the Order Term. Upon each yearly

4 anniversary during the term of this Agreement (including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees shall increase from the previous term’s fees by up to ten (10) percent per year.

5. Representations, Warranties and Disclaimers

5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so.

5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided “AS IS” and as available.

5.3. Disclaimers. EXCEPT AS PROVIDED IN SECTIONS 5.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY

AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN,

EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.

6. Confidential Information

6.1. Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information shall include: (i) Granicus’ Products and Services, (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed.

Each Receiving Party agrees to receive and hold any Confidential Information in strict confidence.

Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information.

If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance.

6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a

5 third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party.

6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Customer provide such notice, Customer must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Customer. Customer is ultimately accountable for the security and privacy of data held by Granicus on its behalf.

6.4. Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Customer understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus’ databases without some residual data because of backups and for other reasons.

7. Term and Termination

7.1. Agreement Term. The Agreement Term shall begin on the date of the initial Order or SOW and continue through the latest date of the Order Term of each Order or SOW under this Agreement, unless otherwise terminated as provided in this Section 7. Each Order or SOW will specify an Order Term for the Granicus Products and Services provided under the respective Order or SOW.

Customer’s right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order or SOW, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least ninety (90) days prior to the end of the then-current Order Term, the Granicus Products and Services will automatically renew at the end of each term for an Extension Term of one (1) year.

7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order or SOW is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order or SOW until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders or SOWs shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Customer be entitled to a refund of any prepaid fees upon termination.

7.3. Termination for Cause. The non-breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order or SOW issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1.

7.4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Customer shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination.

6 7.5. Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order or SOW. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect.

8. Limitation of Liability

8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL

GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING

OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL,

EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES.

8.2. LIMITATION OF LIABILITY. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 3.3, IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS

AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS

IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. GRANICUS SHALL NOT BE RESPONSIBLE FOR ANY

LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE

AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE.

9. Indemnification

9.1. Indemnification by Granicus. Granicus will defend Customer from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement (“Claims”) and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW. In the event of such a Claim, if Granicus determines that an affected Order or SOW is likely, or if the solution is determined in a final, non-appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW, Granicus will, in its discretion: (a) replace the affected Granicus Products and Services; (b) modify the affected Granicus Products and Services to render it non-infringing; or (c) terminate this Agreement or the applicable Order or SOW with respect to the affected solution and refund to Customer any prepaid fees for the then-remaining or unexpired portion of the Order or SOW term.

Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Customer harmless from any Claim to the extent it is based upon: (i) a modification to any solution by Customer (or by anyone under Customer’s direction or control or using logins or passwords assigned to Customer); (ii) a modification made by Granicus pursuant to Customer’s

7 required instructions or specifications or in reliance on materials or information provided by Customer; or (iii) Customer’s use (or use by anyone under Customer’s direction or control or using logins or passwords assigned to Customer) of any Granicus Products and Services other than in accordance with this Agreement. This section 9.1 sets forth Customer’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Granicus Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party.

9.2. Indemnification by Customer. Customer shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to (a) Customer’s (or that of anyone authorized by Customer or using logins or passwords assigned to Customer) use or modification of any Granicus Products and Services; (b) any Customer content; or (c) Customer’s violation of applicable law.

9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party’s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party.

10. General

10.1. Relationship of the Parties. Granicus and Customer acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations.

10.2. Subcontractors. Granicus agrees that it shall be responsible for all acts and omissions of its subcontractors to the same extent Granicus would be responsible if committed directly by Granicus.

10.3. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties.

10.4. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. Notwithstanding the foregoing, Granicus retains the right to revise the policies referenced herein at any time, so long as the revisions are reasonable and consistent with industry practices, legal requirements, and the requirements of any third-party suppliers.

10.5. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

10.6. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s

8 consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise.

Any assignment or attempted assignment in violation of this Agreement shall be null and void.

10.7. No Third-Party Beneficiaries. Subject to Section 10.6, this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement.

10.8. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (d) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows:

Granicus Richmond, California
ATTN: Contracts ATTN:

Address: 408 St. Peter Street
Suite 600
Saint Paul, MN 55102
Address:

Phone: (651) 757-4154 Phone:

Email: [email protected] Email:

10.9. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event.

10.10. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of California, without reference to the State’s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Contra Costa County, California.

10.11. Entire Agreement. This Agreement, together with all Orders or SOWs referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Customer agree that any and all Orders or SOWs are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Orders; (3) all other SOWs or other

9 purchase documents; (4) Granicus response to Customer’s request for RFI, RFP, RFQ; and (5) Customer’s RFI, RFP, RFQ.

10.12. Reference. Notwithstanding any other terms to the contrary contained herein, Customer grants Granicus the right to use Customer’s name and logo in customer lists and marketing materials.

10.13. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Customer’s use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective dulyauthorized representatives on the Effective Date as set forth above.

Granicus Richmond, California
By: By:
(Authorized Signature) (Authorized Signature)
Name: Name:
(Print or Type Name of Signatory) (Print or Type Name of Signatory) Title: Title:

Date: Date:
(Execution Date) (Execution Date)
Attachment(s): Exhibit A (Proposal)

408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

Granicus Proposal for Richmond, CA

ORDER DETAILS
Prepared By: Antonio Bullock
Phone:

Email: [email protected]
Order #: Q-213349
Prepared On: 07/14/2022
Expires On: 06/30/2022
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: 07/01/2022 - 06/30/2023

ORDER TERMS
Current Billing Term
End Date: 06/30/2022

EXHIBIT A

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
Granicus Voting System Solution 0 Each $4,129.01
Granicus Encoding Appliance Software (GT) 0 Each $1,651.60 Government Transparency Suite 0 Each $11,797.17
Open Platform Suite 0 Each $0.00
SUBTOTAL: $17,577.78
On 7/1/2022, annual fees for the terminating subscription(s) will cease and annual fees for new subscriptions will begin.

Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed.

Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s).

One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
GovMeetings Live Cast SetUp and
Config Up Front 1 Each $0.00
Encoding Appliance HDW - WOWZA
Live Cast Upon Delivery 2 Each $5,900.00
Granicus Video - Online Training Upon Delivery 2 Hours $450.00 Granicus Live Cast Encoder Setup and
Configuration Up Front 2 Each $1,750.00
US Shipping Charge C - Large Item Upon Delivery 2 Each $250.00 Open Platform - Setup and
Configuration Up Front 1 Hours $0.00
SUBTOTAL: $8,350.00

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
GovMeetings Live Cast Annual 1 Each $6,752.00
Open Platform Suite Annual 1 Each $0.00
Granicus Live Cast Encoding Software Annual 2 Each $3,000.00 SUBTOTAL: $9,752.00

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

FUTURE YEAR PRICING
Solution(s)
Period of Performance
07/01/2023 - 06/30/2024 07/01/2024 - 06/30/2025
GovMeetings Live Cast $6,752.00 $6,752.00
Open Platform Suite $0.00 $0.00
Granicus Live Cast Encoding Software $3,000.00 $3,000.00 SUBTOTAL: $9,752.00 $9,752.00

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

PRODUCT DESCRIPTIONS
Solution Description
GovMeetings Live Cast govMeetings Live Cast provides the ability to manage public meetings from anywhere, on almost any device using cloud based software and a Granicus Live Cast encoder. It will stream public meetings in HD, allow users to live index items, record and publish minutes, and provide archive videos for on-demand viewing.

Encoding Appliance HDW -
WOWZA Live Cast
WOWZA Live Cast encoder is the hardware appliance used convert the video feed for video streaming on the web. It also records the video and provides the MP4 file for archive playback.

Granicus Video - Online Training Granicus Video - Online Training Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

US Shipping Charge C - Large
Item
US shipping of a large item
Granicus Live Cast Encoding
Software
Granicus Live Cast Software will convert the video feed for video streaming on the web which will also record video and provides the MP4 file for archive playback.

Only used with the Live Cast encoder hardware and Live Cast solution.

Open Platform - Setup and
Configuration
Setup and configuration for Open Platform

THIRD PARTY DISCLAIMER
ClearCaster and LiveCast Services: Client and Granicus agree that a third party will provide services under this Agreement. Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party.

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

TERMS & CONDITIONS
• Upon the effective date, this Agreement shall supersede and replace any previous agreement between the parties for the Terminating and/or Existing Subscriptions listed herein. All such prior agreements between the parties are hereby void and of no force and effect.
• ClearCaster Terms & Conditions attached to this quote are incorporated herein by reference. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Richmond, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume has changed from the prior term without regard to the prior term's per-unit pricing. • Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials.

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

ClearCaster Terms & Conditions
The ClearCaster products are subject to the following terms:

Permitted Use. Granicus hereby grants during each Order Term or as otherwise specified in the Order, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, nontransferrable right to use the ClearCaster products to the extent allowed in the relevant Order (collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the ClearCaster products up to the levels limited in the applicable Order.

Data Sources. Data uploaded into ClearCaster products must be brought in from Customer sources (interactions with end users and opt-in contact lists). Customer cannot upload purchased contact information into the ClearCaster products without Granicus’ written permission and professional services support for list cleansing.

Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwordssecure and all use ofthe the ClearCasterproducts accessed through Customer’s passwords.

Content. Customer can only use the ClearCaster products to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus.

Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s website must be free from violation of or infringement of copyright, trademark,service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party.

Advertising. The ClearCaster products shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reservesthe right to request and review the details of any agreement betweenCustomer and a third party that compensates Customer for the right to have information included in Content distributed or made available through the ClearCaster products prior to approving the presence of Advertising within the ClearCaster products.

Restrictions. Customer shall not:
 Misuse any Granicus resources or the ClearCaster products or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings toindividuals who have not agreed to be contacted;  Use any process, program, or tool for gaining unauthorized access to the systems, networks, or

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

accounts of other parties, including but not limited to, other Granicus customers;  Customer must not use the Granicus products, services or the ClearCaster products in a manner in which system or network resources are unreasonably denied to other Granicus clients;  Customer must not use the services or ClearCaster products as a door or signpost to another server.
 Access or use any portion of the ClearCaster products, except as expressly allowed by this Order;  Copy, distribute, sublicense, or otherwise share, software provided on the ClearCaster products;  Disassemble, decompile, or otherwise reverse engineer all or any portion of the ClearCaster products; or add orremove software on the ClearCaster products without Granicus consent;  Use the ClearCaster products for any unlawful purposes;  Export or allow access to the ClearCaster products in violation of U.S. laws orregulations;  Except as expressly permitted in this Order, subcontract, disclose, rent, or lease the ClearCaster products, or any portion thereof, for third party use; or  Modify, adapt, or use the ClearCaster products to develop any software application intended for resale which uses the ClearCaster products in whole or in part.

Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the ClearCaster products. Granicus may use such submissions as it deems appropriate in its sole discretion.

Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensorsreserve all right, title and interest in the ClearCaster products, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name,the Granicuslogo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them.

License to Content; Access. Customer hereby grants Granicus and its vendors a limited right and license to view, access, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content for the sole purpose of providing the ClearCaster products.Customer agrees that Granicus and its vendors may remotely access the ClearCaster products for the sole purpose of providing Granicus products and services, and the ClearCaster products.

Order Form
Richmond, CA
Order #: Q-213349
Prepared: 07/14/2022

Warranties and Disclaimers. The ClearCaster products are provided “AS IS” and as available. EACH PARTY

HEREBY DISCLAIMSANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL

AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIESOF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GRANICUS NOR ITS SUPPLIERS WARRANT THAT THE CLEARCASTER PRODUCTS WILLMEET CUSTOMER’S REQUIREMENTS NOR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.

Notwithstanding the foregoing and subject to payment of all applicable fees, Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials.

EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL

GRANICUS NOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, GRANICUS NOR ITS SUPPLIER SHALL BE LIABLE FOR: (A) ERROROR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR HARDWARE; (C) LOSS OF BUSINESS; (D) DAMAGES

ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, HARDWARE, CLEARCASTER PRODUCTS, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS’ REASONABLE CONTROL, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR

DIRECT DAMAGES RESULTING EXCLUSIVELY FROM THE CLEARCASTER PRODUCTS (WHETHER IN

CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY MAY

INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THE CLEARCASTER PRODUCTS MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN.

July 26, 2022
Information Technology
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: Sue Hartman, Director of Information Technology
Sandi Wong, IT Manager
Subject: Eleventh Contract with Tyler Technologies MUNIS for Application Upgrade Support, Training, and an
Investment Assessment.

FINANCIAL IMPACT: Funding is allocated from the Information Technology operating budget (IT Software Maintenance 01262417-
400502).

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City of Richmond needs services and training to take advantage of additional functionality in the planned Tyler Technology MUNIS system upgrade.

RECOMMENDED ACTION: APPROVE the eleventh amendment to the contract with Tyler Technologies MUNIS Enterprise Resources
Planning (ERP) System for the purchase of software and
support services, increasing the amount by $30,400, with a total amount not to exceed $9,033,774.75 – Information Technology (Sue Hartman 620-6874/Sandi Wong 620-
6745).

DISCUSSION:

The Tyler Technologies MUNIS enterprise resource planning (ERP) system integrates management information, including base financial and human resource and accounting AGENDA
REPORT

July 26, 2022
data, across the entire City organization. The City entered into an initial five-year Software as a Service contract with Tyler Technologies for the MUNIS ERP system in September 2007. The City’s most recent approved amendment has extended the agreement to June 30, 2024.

The initial contract followed an extensive review of ERP software options and replaced the former System Applications and Products in Data Processing (SAP) system. The contract provides for the City’s use of this ERP software, with hardware hosting and software maintenance provided by Tyler Technologies. This contract arrangement has proven to be efficient and cost-effective during the past dozen years, and the MUNIS system is effectively meeting the City’s ERP system needs.

The City of Richmond’s planned software upgrades are complex and require many resources from multiple departments to perform extensive research in preparation to successfully test and train for these software application changes. These proposed services and consulting hours will provide needed support and training for City staff.

Included in this amended agreement is a Planned Annual Continuing Education (PACE) program that offers ongoing education to train City staff on new features and functions as they become available, ensuring City staff is operating at peak efficiency and has the knowledge to meet the evolving software needs of the City of Richmond. Included in PACE is an Investment Assessment that reviews how the current ERP business practices align with available product functionality, as well as how existing processes can be streamlined to create efficiencies for current ERP users. Consulting hours are provided to improve the City of Richmond’s performance review process and to assist with the upgrade to the new version of Tyler Technologies MUNIS.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment to the Contract
Attachment 2 – Amendments Nos. 1-5
Attachment 3 – Amendments Nos. 6-10

1 AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Richmond, California, with offices at 450 Civic Center Plaza, Richmond, California 94804-1661 (“Client”).

WHEREAS, Tyler and Client are parties to an agreement dated September 27, 2007 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. The services set forth in the Investment Summary attached hereto as Exhibit 1 are hereby added to the Agreement. Services added to the Agreement pursuant to this Amendment, along with applicable expenses, shall be invoiced as provided and/or incurred.

2. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

3. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Richmond, California
By: By:

Name: Name:

Title: Title:

Date: Date:

Exhibit 1
1 Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software and services to be delivered by us to you under this Amendment. This Amendment Investment Summary is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

In the event a comment in the following sales quotations conflicts with a provision of this Amendment, the provision in this Amendment shall control.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

2022-314790-Y2W6J9 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 10/05/22
Quote Name: City of Richmond - ERP -
Employee Evaluation
Implementation
Quote Description: Employee Evaluation
Implementation
Sales Quotation For:

City of Richmond
450 Civic Center Plaza
Richmond CA 94804-1661
Phone: +1 (510) 620-6513
Professional Services
Description Quantity Unit Price Ext Discount
Extended
Price Maintenance
Implementation - Remote 64 $ 200.00 $ 0.00 $ 12,800.00 $ 0.00 Project Management 4 $ 200.00 $ 0.00 $ 800.00 $ 0.00
TOTAL $ 13,600.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0.00 $ 0.00
Total Annual $ 0.00 $ 0.00
Total Tyler Services $ 13,600.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00

2022-314790-Y2W6J9 CONFIDENTIAL Page 2
Summary Total $ 13,600.00 $ 0.00
Contract Total $ 13,600.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module,

2022-314790-Y2W6J9 CONFIDENTIAL Page 3
and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

2022-314790-Y2W6J9 CONFIDENTIAL Page 4
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.

2022-327792-S4Z8T2 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 12/07/22
Quote Name: City of Richmond - ERP -
Investment Assessment
Quote Description: Investment Assessment
Sales Quotation For:

City of Richmond
450 Civic Center Plaza
Richmond CA 94804-1661
Phone: +1 (510) 620-6513
Professional Services
Description Quantity Unit Price Ext Discount
Extended
Price Maintenance
Investment Assessment - Financials 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00 Investment Assessment Write Up - Financials 8 $ 200.00 $ 0.00 $ 1,600.00 $ 0.00 TOTAL $ 4,800.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0.00 $ 0.00
Total Annual $ 0.00 $ 0.00
Total Tyler Services $ 4,800.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 4,800.00 $ 0.00
Contract Total $ 4,800.00

2022-327792-S4Z8T2 CONFIDENTIAL Page 2
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars

2022-327792-S4Z8T2 CONFIDENTIAL Page 3
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

2022-327792-S4Z8T2 CONFIDENTIAL Page 4
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

2022-327789-J9X6M4 CONFIDENTIAL Page 1
Quoted By: Karen Grosset
Quote Expiration: 12/07/22
Quote Name: City of Richmond - ERP - Pace
Upgrade Assistance
Quote Description: Pace Upgrade Assistance
Sales Quotation For:

City of Richmond
450 Civic Center Plaza
Richmond CA 94804-1661
Phone: +1 (510) 620-6513
Professional Services
Description Quantity Unit Price Ext Discount
Extended
Price Maintenance
PACE Upgrade Assistance: Remote - Per Day 15 $ 800.00 $ 0.00 $ 12,000.00 $ 0.00 TOTAL $ 12,000.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0.00 $ 0.00
Total Annual $ 0.00 $ 0.00
Total Tyler Services $ 12,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 12,000.00 $ 0.00
Contract Total $ 12,000.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held

2022-327789-J9X6M4 CONFIDENTIAL Page 2
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars

2022-327789-J9X6M4 CONFIDENTIAL Page 3
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

2022-327789-J9X6M4 CONFIDENTIAL Page 4
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

Upgrade PM Assistance: Includes 3 days of PM services per month. PM services include delivery and management of upgrade project plan, internal coordination of Tyler resources, and scheduled bi-weekly status calls to review the upgrade project. Upgrade PM Assistance does not include training or access to a Tyler Subject Matter Expert, as such, enrollment in PACE is strongly recommended to complement this service.

Without additional services, clients are responsible for developing and executing upgrade test scenarios as well as conducting internal training for staff. Minimum service duration is 4 months, and clients may choose to extend this service by purchasing additional months (3 days per) at the then-current price.

TYLER TECHNOLOGY AMENDMENTS #1 TO #5

TYLER TECHNOLOGY AMENDMENTS #6 TO #10

1 AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Richmond, California, with offices at 450 Civic Center Plaza, Richmond, California 94804-1661 (“Client”).

WHEREAS, Tyler and Client are parties to an agreement dated September 27, 2007 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. The service set forth in the Investment Summary attached hereto as Exhibit 1 is hereby added to the Agreement. The year 1 fee shall be invoiced on August 1, 2022, prorated for the period August 1, 2022 – June 30, 2023. Subsequent annual fees will be invoiced in accord with the Agreement.

2. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

3. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Richmond, California
By: By:

Name: Name:

Title: Title:

Date: Date:

Robert Kennedy-Jensen
Group General Counsel
July 12, 2022
DocuSign Envelope ID: 0465C8CB-BB00-4DEE-B3CD-8347DA124603 7/19/2022
Thomas K. Butt
MayoryMayor

Exhibit 1
1 Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software and services to be delivered by us to you under this Amendment. This Amendment Investment Summary is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

In the event a comment in the following sales quotation conflicts with a provision of this Amendment, the provision in this Amendment shall control.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 0465C8CB-BB00-4DEE-B3CD-8347DA124603

DocuSign Envelope ID: 0465C8CB-BB00-4DEE-B3CD-8347DA124603

DocuSign Envelope ID: 0465C8CB-BB00-4DEE-B3CD-8347DA124603 7/19/2022
Thomas K. Butt

DocuSign Envelope ID: 0465C8CB-BB00-4DEE-B3CD-8347DA124603

DocuSign Envelope ID: 0465C8CB-BB00-4DEE-B3CD-8347DA124603

July 26, 2022
Library and Community Services
DATE: July 26, 2022
TO: Mayor Butt and Members of the City Council
FROM: LaShonda White, Interim Director of Library and
Community Services
Patrick Seals, Senior Management Analyst
Guadalupe Morales, Assistant Administrative Analyst
Subject: Fiscal Years 2021-2024 Richmond Department and Fund for Children and Youth Grant Awardee Renewals
FINANCIAL IMPACT: The Kids First Amendment of the City of Richmond charter (Article 15 Section 2) requires the City to allocate one, two, and three percent of the City’s General Fund (GF) in FYs 2021-2022, FY 2022-2023, and FY 2023-2024, respectively, and three percent each fiscal year thereafter through FY 2027-2028. These funds are to be set aside as annual
revenues and appropriated to the Richmond Fund for
Children and Youth (RFCY). There is sufficient revenue in the RFCY fund to cover the grant renewals for FY 2022-2023 and FY 2023-2024 (13371018 400201).

PREVIOUS COUNCIL
ACTION:

December 15, 2020; July 27, 2021

STATEMENT OF THE
ISSUE:

On June 5, 2018, Richmond voters approved Measures E
and K, known as the Richmond Kids First Initiative, which approved a City of Richmond charter amendment to create a Department (RDCY) and Fund for Children and Youth
(RFCY) and require that a portion of the General Fund be set aside to fund youth programs and services. On July 27, 2021, City Council approved 20 RFCY grants to youth-serving
public and nonprofit organizations in a total amount not to exceed $1.62 million. Per Article 15 Section 9(a) of the Richmond Charter, City staff is bringing forth an item to renew AGENDA
REPORT

July 26, 2022
these awards and grant service agreements for up to two (2) additional fiscal years through FY 2023-2024, in alignment with the three-year grant funding cycle.

RECOMMENDED
ACTION:

APPROVE the renewal of 20 Richmond Fund for Children
and Youth (RFCY) grants to youth-serving public and
nonprofit organizations in a total amount not to exceed $1,620,000, from July 1, 2022, through June 30, 2023, with a one (1) one-year renewal option to extend through Fiscal Year 2023-2024, contingent upon performance and available RFCY funds; and AUTHORIZE the city manager or their
designee to negotiate and execute grant service agreements, and any extension, with approved grantees – Department of Children and Youth (LaShonda White/Patrick Seals 510-620- 6512).

DISCUSSION:

The City Council is being asked to approve the renewal of FY 2021-2022 Richmond Fund for Children and Youth (RFCY) grantees for FY 2022-2023 and FY 2023-2024.

On December 15, 2020, City Council approved a RFCY Strategic Investment Plan that built on the priority areas identified through the Community Needs Assessment process and set forth funding priorities for a three-year period between FYs 2021 and 2024. On July 27, 2021, City Council approved the RFCY Oversight Board’s recommendation to award grants to 20 non-profit and public agencies in the amount of $1.62 million for programming in Fiscal Year 2021-2022.

Priority Areas Award
Amounts

1. Behavioral Health: Mental Health and Wellness $335,000

2. Education Support and Employment Training/Support $445,150

3. Out of School Time, Afterschool Sports, and Enrichment Programming $429,750

4. Violence Prevention $200,100

5. Information, Guidance, and Case Management $110,000

6. Basic Needs $100,000
FY 2021-22 Total Awards $1,620,000
Per Article 15 Section 9(a) of the Richmond Charter and the FY 2021 – 2024 Request for Proposal, organizations that received a FY 2021-2022 RFCY grant would be awarded for an initial one-year period, July 1, 2021, to June 30, 2022, but contingent on performance and availability of RFCY funds, each grantee had the opportunity to have grants renewed up to two additional one-year periods between July 1, 2022 – June 30, 2024.

July 26, 2022
FY 2022-2024 RDCY Grant Renewal Requests
Grant renewal recommendations are listed below at the “Grant Renewal Recommendation” level based on the six priority areas.

Mental Health and Wellness
Organization Name
Grant Renewal
Recommendation
Desarrollo Familiar, Inc. (Familias Unidas) (Single Agency) $135,000 Early Childhood Mental Health Program (Single Agency) $100,000 Seneca Family of Agencies (Single Agency) $100,000
TOTAL $335,000
Education Support and Employment Training/Support
Organization Name
Grant Renewal
Recommendation
College is Real (Single Agency) $85,000
Urban Tilth (Single Agency) $80,000
Employment & Training Richmond Build $125,000
Richmond Promise (Collaboration: Health Career
Connections & City Of Richmond – Economic
Development)
$132,650
Black Firefighters Association (Small & Emerging) $22,500 TOTAL $445,150
Out of School Time, Afterschool Sports, and Enrichment Programming Organization Name
Grant Renewal
Recommendation
Youth Code Now (Small & Emerging) $54,250
West County Digs (Small & Emerging) $45,500
East Bay Center for the Performing Arts (Single Agency) $100,000 RYSE (Single Agency) $75,000
Rosie the Riveter Trust (Collaboration: Boys & Girls Club, National Park Service) $65,000
Community Services Department - Recreation
(Collaboration: EdFund) $90,000