Richmond City Council
November 15, 2022

BAAQMD VW Mitigation Trust Fund Program Grant Agreement

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16 6) The Air District confirmed the eligibility for Program funding of the project component(s) proposed by Grantee based on cost-effectiveness, the Program Guidance, and the information provided in the Grantee’s application (“Project”).

In entering into this Agreement, the Air District has relied upon the Grantee’s promises made and Grantee’s representations in Grantee's complete project application in determining the eligibility of the Grantee at contract execution date, which are incorporated herein and made a part hereof by this reference as if fully set forth herein.
7) This Agreement is made pursuant to, and in accordance with, the requirements of the Program Guidance.

Any questions or disputes the Parties may have regarding the implementation of this Agreement shall be resolved in accordance with the Program Guidance, which are incorporated herein and made a part hereof by this reference as if fully set forth herein.

Final eligibility is based on a completed pre-inspection and the verification that the Project meets all the requirements for this Program.

SECTION I
GRANTEE AGREES:
1) To implement the Project in accordance with the terms and conditions of this Agreement and all attachments hereto. Failure to do so will be deemed a breach of this Agreement, and the Air District may terminate this Agreement pursuant to the termination provisions herein. 2) To maintain each piece of new, funded equipment (“Project Equipment”) in good working order and in accordance with the manufacturer’s specifications throughout the Project Equipment Operational Term (which is defined in Section III.1 below). No tampering or modification of the Project Equipment is allowed.

Project Equipment must be new and not have been previously owned or registered in any State, not have been purchased prior to Grant Agreement execution, and not be a converted or aftermarket product. Any equipment that has been converted by modifying the existing engine with aftermarket parts or equipment to create a zero-emission equipment are not eligible, unless the entire completed zero-emission equipment has received CARB approval.
3) To complete the Project in accordance with the payment and reporting conditions identified in Attachment A. The Air District’s funding obligation under this Agreement is limited to reimbursement of Eligible Costs, the amount of which shall not exceed the Total Grant Funds Awarded specified in Attachment A, Paragraph 5. Any Project costs that exceed Funds Awarded per project component, as allocated in Attachment A Table 1, are the sole responsibility of the Grantee. 4) To allow the staff and third-party partners of the Air District to inspect the Project Equipment and to conduct financial and performance audits of the Project. Grantee agrees that the Air District, CARB, or their respective designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Project. Grantee further agrees to cooperate fully with such inspections and audits, including providing on a timely basis copies of any Project records related to performance of this Agreement requested by the Air District or CARB. 5) To acknowledge the Air District and the Trust Program as a funding source for the Project in any related media events, articles, news releases or other publicity materials. Grantee must obtain prior written approval by the Air District in order to disseminate any report or other document describing the Program, the Project, or this Agreement.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 6) To assure that all funds received under this Agreement are expended only in accordance with the requirements of the Program, this Agreement, and all applicable provisions of law and regulations. 7) If applicable, to permanently remove from service and destroy any equipment replaced as part of the Project (“Baseline Equipment”) by the deadline specified in Attachment A Paragraph 9, and to provide documentation to support destruction of the Baseline Equipment. Failure to permanently destroy the Baseline Equipment shall be deemed a breach of this Agreement. 8) To monitor the operational status of each piece of Project Equipment throughout the Project Equipment Operational Period. Grantee will notify the Air District in writing of any change in operational status of any Project Equipment funded and installed under this Agreement within thirty (30) calendar days of its occurrence. For purposes of this Agreement, a “change in operational status” occurs whenever any Project Equipment is removed from active service, relocated outside the boundaries of the census track designated in the application, wrecked, scrapped, sold, or transferred to another entity before full completion of the Project Equipment Operational Period. If Grantee fails to provide the required written notice of a change in operational status on a timely basis, Grantee is subject to the repayment requirements set forth in Paragraph 15 of Attachment A. 9) To neither seek nor accept other private or public financial incentives for the Project without prior approval from the Air District. If Grantee seeks or accepts such funds or incentives without prior Air District approval, the Air District may terminate this Agreement for breach, which may also disqualify Grantee from participating in future Air District incentive programs. 10) To obtain and maintain the insurance coverage specified in “Insurance Requirements,” Attachment B, and to comply with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. Failure to obtain and maintain the insurance coverage or to comply with all insurance requirements shall be deemed a breach of this Agreement. 11) Reserved.
12) To maintain and retain the Project records for at least three years from the date of the final Project payment or three complete annual reporting cycles following the date of the final Project payment, whichever period end date is later. An annual reporting cycle is a full calendar year. 13) To comply with all “Special Conditions,” set forth in Attachment A. 14) Nondiscrimination: During the performance of this Grant Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, sexual orientation, medical condition, marital status, age (over 40) or allow denial of family-care leave, medical-care leave, or pregnancy-disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 10000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. The Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
15) To be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages paid to workers employed on public works and to provide confirmation of compliance if requested. 16) To accept tax liability associated with accepting grant funds.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 SECTION II
AIR DISTRICT AGREES:
1) To reimburse Grantee for Eligible Costs in an amount not to exceed the total grant funds awarded by the Air District, which are specified in Attachment A (“Total Grant Funds Awarded”). 2) To endeavor to pay the undisputed invoiced amount of the Eligible Costs within thirty (30) calendar days of approval of the invoice.
3) To deliver the payment following the Air District’s verification that Grantee has completed the Project or Project Milestone Deliverable. Verification by Air District will include, but not be limited to, physical inspection of any Project Equipment specified in Attachment A, confirmation that the Project Equipment is operational and in service, and review of evidence and confirmation of the permanent destruction of any applicable Baseline Equipment replaced as part of the Project. 4) To provide reasonable notice to Grantee prior to the Air District’s or CARB’s inspection or audit of the Project. What constitutes “reasonable notice” may be based in part upon any prior notice from CARB received by the Air District of such CARB audit or inspection. 5) CARB is an intended third-party beneficiary of this Agreement and shall have the right to enforce the terms of the Agreement to ensure emission reductions are obtained.

SECTION III
AIR DISTRICT AND GRANTEE AGREE:
1) Agreement Term, Project Equipment Operational Period, and Project Term: The term of this Agreement (“Agreement Term”) begins on the Effective Date and shall remain in effect until the conclusion of all Project Equipment Operational Periods, as set forth in Attachment A unless this Agreement is terminated earlier. A Project Equipment Operational Period begins when the piece of Project Equipment has been successfully inspected by the Air District and concludes upon the satisfaction of the usage requirement and project life requirement for that piece of Project Equipment. The Project Term begins at the start of the earliest Project Equipment Operational Period and ends at the conclusion of all Project Equipment Operational Periods. The Project Equipment Operational Period for each piece of Project Equipment is set forth in Table 1 of Attachment A. In no event shall Grantee own and operate a piece of Project Equipment for less than three years from the date the new unit is put into service, or the minimum project term specified in the Program Guidance, whichever is longer. 2) Termination:
a) Either party may terminate this Agreement at will, and without specifying any reason, at any time prior to the Air District’s transfer of Project funds by notifying the other party in writing. The notice of termination shall specify the effective date of termination, which shall be no less than thirty (30) calendar days from the date of delivery of such notice. Notice shall be delivered in accordance with the Notice provisions set forth in Paragraph 5 below. b) The Air District may terminate this Agreement for breach of the Agreement by Grantee by giving Grantee a minimum of ten (10) business days written notice of such breach and the opportunity to cure the breach within that period of time. The notice will specify the amount of Project Grant Funds to be reimbursed to the Air District, if any, which Grantee shall reimburse within thirty (30) days of the effective date of termination. The Air District shall calculate the reimbursement based on the repayment formula set forth in Paragraph 15 of Attachment A.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 c) The Air District shall not pay any Project Grant Funds in the event that this Agreement is terminated and no funds have been expended by Grantee. If the Project has been completed and the Air District has paid the grant funds to Grantee, Grantee may not terminate this Agreement pursuant to subparagraph 2(a), unless it reimburses the Air District the amount of Project Grant Funds due based on the repayment formula set forth in Paragraph 15 of Attachment A. 3) Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments that are reasonably required to carry out the provisions, intent, and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 4) Indemnification: Grantee shall indemnify and hold harmless CARB, the Air District, its officers, employees, agents, representatives, and successors-in-interest from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance by Grantee of its duties and obligations under this Agreement, and arising out of the operation of the engine and vehicle, vessel or other equipment that is the subject of this Agreement by the Grantee or its officers, agents, employees, representatives and successors in interest. The Grantee’s indemnification obligation and its obligation to have applicable third parties indemnify the Air District shall survive expiration or termination of this Agreement.
5) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing.

Notice shall be in writing sent by e-mail and shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of e-mail communications shall be deemed to have occurred on the following business day.

Air District

Grantee

Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, CA 94105
Attn: Director of Strategic Incentives
Project VWFM-21-0319
[email protected]

Port of Richmond
1322 Canal Boulevard
Richmond, CA 94804
Attn: Alex Wolken
Project VWFM-21-0319
[email protected]

6) Contacts: The Contact for the Grantee shall be the person named in the Project application, which shall also list the Contact’s address, telephone number, fax number and e-mail address. The Contact shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the contact for information about the Project. The Grantee shall notify the Air District of a change of the Contact’s name or contact information in writing no later than thirty (30) days from the date of any change. The Contact DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 for the Air District shall be the person named in the Air District’s project application form. The Air District shall notify the Grantee of a change of the Contact’s name or contact information in writing no later than thirty (30) days from the date of any change.
7) Project Number: All correspondence shall reference this Agreement, which is the same as the “Project Application Number.”
8) Integration of Agreement: This Agreement represents the final, complete, and exclusive statement of the agreement between the Grantee and the Air District and supersedes all prior and contemporaneous understandings and agreements of the Parties. No Party has been induced to enter into this Agreement nor is any party relying upon, any representation or warranty outside those expressly set forth herein. 9) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt to modify this Agreement orally shall be void and of no effect. Any change in Project scope shall constitute an amendment under this Agreement.
10) Independent Contractor: Grantee is an independent contractor. None of Grantee's officers, employees, agents, contractors, subcontractors, or vendors are, nor shall they be considered, officers, employees, agents, contractors, subcontractors, or vendors of the Air District. 11) Assignment and Leasing: Grantee may not assign, sell, transfer, license, or subcontract or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the Air District.

Any lease or rental entity that leases or rents Project Equipment maintains responsibility for all recordkeeping and reporting requirements and must disclose the recordkeeping and reporting requirements to the renter or lessee. The lease or rental agreement must be a minimum of 36 months, ensure that all required annual activity reports are submitted, and include requirements that the Project Equipment operates in California as required by this Agreement. Grantee must provide the Air District all requested information including lease or rental agreements within ten business days of written request. 12) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, regardless of similarity, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a party to enforce performance by the other party of any term, covenant or condition of this Agreement and the failure of a party to exercise any rights or remedies hereunder shall not be deemed a waiver or relinquishment by that party to enforce future performance of any such terms, covenants or conditions, or to exercise any future rights or remedies. 13) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions thereof shall not be affected.
14) Effective Date: The effective date of this Agreement is the date the Air District’s Executive Officer/Air Pollution Control Officer executes this Agreement.
15) Eligible Costs: Only the actual Project costs described in Attachment A Paragraph 5 and that are incurred after the Effective Date and prior to termination of the Agreement or upon Air District’s verification that Grantee has completed the Project, whichever occurs first, are eligible for reimbursement with Program Grant funds (“Eligible Costs”).
16) Cost Reduction: In the event that the “Total Project Cost” is less than the amount listed in Attachment A, the Air District shall recalculate its contribution to the Project in accordance with the provisions of Paragraph 4 of Attachment A.
17) Force Majeure: Neither CARB, the Air District nor Grantee shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of the services, or other causes, except financial, that are beyond the reasonable control of CARB, the Air District or Grantee, for a period of time equal to the period of such force majeure event, provided that the party failing to perform notifies the other party within fifteen (15) calendar days of discovery of the force majeure event, and provided further that that party takes all reasonable action to mitigate the damages resulting from the failure to perform. Notwithstanding the above, if the cause of the force majeure event is due to party’s own action or inaction, then such cause shall not excuse that party from performance under this Contract. Notwithstanding the above, fire or casualty loss to Project Equipment shall not excuse Grantee’s to perform under this Agreement. Grantee shall be responsible to repair or replace Project Equipment or to reimburse the Air District in accordance with Attachment A Paragraph 15.
18) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by law, excluding any laws that direct the application of another jurisdiction’s laws. Venue for resolution of any dispute that arises under or relates to this Agreement shall be San Francisco, California. 19) Emissions Testing: The Air District may conduct emissions testing, at its expense, on any Project Equipment that is purchased or modified as part of the Project, including a vehicle or vessel. Testing for a piece of Project Equipment will be limited to no more than once per calendar year during the Project Equipment Operational Period. Testing will be conducted according to a schedule agreed upon by both Parties.
20) Emission Reductions: The Air District retains the exclusive right to claim any NOx emission reduction credits under State or Federal law that might result from emissions reduced by the Project implemented pursuant to this Agreement. The emissions reduced by the Project may not be used by Grantee to comply with any local, State, or Federal air pollution regulation or law, or used to fulfill Grantee’s obligations arising out of any order, settlement contract, memorandum of understanding, or other binding legal document.
21) Preliminary Inspection: Air District or its designee reserves the right to perform a preliminary inspection of any Baseline Equipment, as applicable, prior to implementation of the Project. Grantee shall facilitate and cooperate with any Air District inspection. Grantee must demonstrate to the Air District that any Baseline Equipment to be replaced under this Agreement is fully operational at the time of the preliminary inspection. Grantee must also facilitate the Air District in obtaining and confirming equipment information (e.g., model year, serial numbers, power rating) at the time of inspection. Failure to demonstrate that the applicable Baseline Equipment to be replaced is operational at the time of the preliminary inspection shall be deemed a breach of this Agreement and the Air District may terminate the Agreement per Section III.7. 22) Post-Project Inspection: Air District or its designee reserves the right to perform a post-project inspection of the Project Equipment funded under the terms of this Agreement to verify that the Project has been implemented according to the terms of this Agreement. Grantee shall facilitate the Air District inspection and make the new Project Equipment available for the post-project inspection, which may include a test to verify that the Project Equipment is fully operational and pre-installation interim inspection/s of engines, tanks or similar funded components whose tags or labels will not be visible after installation, to document that Project Equipment complies with Program requirements. Post-project inspection will include verification of the destruction of any replaced Baseline Equipment, as applicable. Grantee must contact the Air District to arrange post-project inspection and should provide at least two business days advanced notice for scheduling.
23) Compliance with Program Guidance: The Grantee agrees to implement the Project in accordance with all requirements set forth in the Program Guidance. Any questions or disputes the Parties may have regarding DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 the implementation of this Agreement shall be resolved in accordance with the applicable Program Guidance.
24) Enforcement: Both the Air District and CARB have the authority to inspect the Project, enforce the terms of this Agreement, and pursue repayment of grant funds for noncompliance with the terms and conditions of this Agreement or applicable state laws or regulations throughout the Agreement Term. The following circumstances are the bases under which the Air District seeks repayment of grant funds: Grantee’s failure to comply with the terms of this Agreement, including the requirements set forth in Section I; Grantee’s failure to implement the Project in compliance with Program Guidance; as set forth in Attachment A and Grantee’s failure to comply with requirements set forth in Attachment A, which could reduce the air quality benefits of this Project.
25) Public Documents: To the extent not otherwise prohibited by law, and to the extent required by the California Act (Government Code section 6250 et seq.), the Grantee will place in the public domain any software, written document or other product developed with Program funds as part of the Project. 26) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns.
27) Public Entities Conflict of Interest: The Grantee warrants and represents that its public officials, including its officers and employees in their official capacity, presently have no interest and agrees that its public officials, including its officers and employees in their official capacity, will not acquire any interest which would represent a conflict of interest under California Government Code sections 1090 et seq. and 87100 et seq. during the performance of this Agreement.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 IN WITNESS WHEREOF, the Parties to this Agreement have caused this Agreement to be duly executed on their behalf by their authorized representatives.

SIGNATURES:

Bay Area Air Quality Management District

By: ____________________________________ Date: _________ Sharon Landers
Interim Executive Officer/Air Pollution Control Officer Bay Area Air Quality Management District

Approved as to legal form:

By: ____________________________________

Alexander Crockett
District Counsel
Bay Area Air Quality Management District

Grantee

By: ____________________________________ Date: _________ Alan Wolken
Port Director
Port of Richmond

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 7/22/2022
7/26/2022

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16 ATTACHMENT A - PROJECT SPECIFIC INFORMATION

[Note: The section numbers shown in parenthesis below refer to Sections in the Agreement.]

1. Grantee: Port of Richmond

2. Grant Number (Section III.7): VWFM-21-0319

3. Air District Approval Date (Section III.14): The Effective Date of this Agreement.

4. Total Grant Funds Awarded (Sections I.3, II.1, and III.15): $1,003,250 The Air District will pay the awarded Eligible Costs of the Project Equipment, less any amount from an Air District approved co-funding source as adjusted and set forth in Table 1 below. Payment shall not exceed the permitted Funds Awarded for the individual Project Equipment as specified in Table 1 below. In no event shall the Total Grant Funds Awarded for all Project Equipment exceed $1,003,250. Funds Awarded may only be used to cover Eligible Costs as described in this Agreement.

5. Total Project Cost (Sections I.3 and III.15): A detailed breakdown of project costs and Project Equipment information is shown in Table 1:

Berth
Number
New Equipment
or Eligible Cost
Item
Description*
Eligible
Costs
Maximum
% of
Funding of
Eligible
Costs
Minimum Usage &
Equipment
Operational Period
% Operation
in CA
Funds
Awarded
Point Potrero
Marine
Terminal
Berth 7 and 8
Shore power
station with one
shore power outlet
1800kW+
$1,003,250 100%
2,150 MWh electricity
delivered to
unregulated vessels
and
3 years
100% $1,003,250
Total award: $1,003,250

* As an alternative to Project Equipment, Grantee may propose installation of equipment that will result in the same or better emissions reductions and meet or exceed the operational parameters as Project Equipment and specified in Attachment A of this Agreement (“Equivalent Equipment”). Installation of Equivalent Equipment in lieu of Project Equipment requires advanced written approval from the Air District.

6. Project Description: Shore Power Installation
Table 1 provides the details of the grid-based shore side power installation at Berths 7/8 at the Point Potrero Marine Terminal, Port of Richmond. Awarded projects will consist of the purchase and installation of the major infrastructure listed in Table l, as well as all associated related and ancillary infrastructure, and is expected to operate in accordance with the Project details listed in Table 1. Any change in Project Equipment specifications or Project Description must receive written approval in advance by the Air District.

For shore power installation projects, the electricity delivered must be for vessels that are unregulated by the CARB At-Berth Regulation. If vessel visits do not provide surplus NOx emission reductions, the grant funding may be reduced or withdrawn by the Air District.

7. Project Term (Section III.1): Table 1 lists the required usage and Project Equipment Operational Period for each piece of Project Equipment. The “Minimum Usage” listed in Table 1 represents the minimum number of hours, energy, or ship visits (as applicable) the Project Equipment is to operate during the Project Equipment Operational Period which represents the minimum number of years over which the Project Equipment is to operate under this Agreement. The Project Equipment Operational Period begins when the Project Equipment has been confirmed operational by the Air District. The Project Term concludes upon the

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 satisfaction of the usage and Project Equipment Operational Period requirements for each piece of Project Equipment and upon confirmation by the Air District that all Project requirements have been met.

8. Operating Parameters: Air District has awarded this Grant based upon Grantee’s agreement to operate the Project Equipment for the usage identified in Table 1 of this Attachment. Grantee shall operate Project Equipment within California as specified in Table 1. In no event shall Grantee operate the Project Equipment less than the minimum project term specified in the Program Guidance. Pursuant to Paragraph 15 of this Attachment, Grantee may be required to repay Grant funds if unable to satisfy the Project’s usage and project life requirements identified in Table 1.

9. Project Schedule: By no later than November 15, 2023, the shore power must be installed by Grantee and put into service and inspected by the Air District. Inspections may occur at any time prior to Grant Agreement execution and throughout the contract term. If applicable, Grantee must scrap the Baseline Equipment within 60 days of when the Project Equipment becomes operational. New equipment for heavy- lift forklifts, CHE, and GSE must be placed into service and operational within 18 months of a Notice to Proceed. Copies of purchase order must be submitted within 3 months of a Notice to Proceed.

10. Reserved.

11. Reserved.

12. Reserved.

13. Project Implementation Report and Request for Payment (Section I): No later than ninety (90) days from when the Project Equipment becomes operational, Grantee shall submit a Project Implementation Report, an IRS W-9 form, and a project invoice to request payment of the Eligible Costs of Project Equipment. The Project Implementation Report shall:
 Provide documentation for all Eligible Costs, document the equipment serial number(s), and include a description of the Project Equipment purchased.  Demonstrate the costs are Eligible Costs and have been expended in compliance with the Project Description and, the Project Schedule.
 Itemize the total funds requested for this reimbursement, which shall include an itemization of payments to vendors, consultants, and contractors.
 Include copies of invoices that document the goods and services provided by vendors, consultants, and contractors and documentation of the total hours incurred to complete the Project, the hourly rates of any labor charges, the costs of such goods, and any other Eligible Costs.  Be submitted with a summary sheet that specifies the Project Number. If costs are incurred that are not directly related to the Project as described in Paragraph 5 of this Attachment, all such costs must either be deleted when the Project invoice is prepared, or clearly identified as costs that are not eligible for reimbursement by the Air District.



Include proof of warranty as required by the Program Guidance for the specific project option and type of Project Equipment described in Table 1 of this attachment.

14. Annual Monitoring Reports: The annual reporting cycle is a calendar year January 1 through December

31. Grantee shall submit an annual monitoring report each calendar year for the Project Term in a format approved and provided by the Air District. The monitoring report shall include, but is not limited to, the following information:
 Port, terminal, and berth name(s)/identifier(s) for the shore power system (System).  Date and location of the System installation (operation).  Total number of ship visits to the berth
DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16  Total power usage (Megawatt-hours) dispensed to vessels that are not required to use shore power by CARB’s At-Berth regulation using the System.
 Each use of the System (System), inclusive of the following information:
o Vessel type, name, and Lloyd’s numbers
o Date and times that System initially plugged into vessel and subsequently unplugged from vessel o Total hours the System was connected to a vessel
o Power usage (kilowatt-hour) supplied to the vessel to displace use of auxiliary engine(s).  Date, time, and description of any equipment failure of the System that affected the ability of the vessel to control auxiliary engine emissions.
 Summary of System maintenance, source testing, and inspections conducted.  Signed certification statement that all Project Equipment was operated in accordance with this Agreement and that all information submitted is true and accurate.  A copy of any new or updated Terminal Plans submitted to CARB for reporting purposes under applicable shore power regulation(s)
 Other information as requested by the Air District.

The first annual report shall be submitted by February 1 of the year following execution of the Grant Agreement to cover the period from the start of the Project Equipment Operational Period through December 31 of the prior year. The first annual report shall include a report on the Grantee’s progress in meeting milestones listed in the Project Schedule as set forth in Paragraph 9 of this Attachment. Subsequent annual reports shall be submitted by February 1st of each succeeding year with the final annual monitoring report due by February 1st following the last year of the Project Term. If Grantee fails to submit annual monitoring reports in a timely fashion, the Air District shall perform a project performance audit. Failure to submit monitoring reports could be considered a breach of this Agreement and may jeopardize Grantee’s eligibility to participate in future incentive and grant programs.

15. Repayment of Grant Funds for Failure to Complete Project: Grantee shall repay the Total Grant Funds Awarded on a prorated basis for selling, retiring, scrapping, or removing any piece of Project Equipment from service prior to completing its Project Equipment Operational Period. The fraction of funds to be repaid will be determined by subtracting the usage of the Project Equipment at the time of sale, retirement, scrapping, or removal from service from total usage pursuant to Paragraph 7 of this Attachment and dividing that result by the total usage. At its sole discretion, the Air District may waive repayment if it determines, that Grantee’s failure to complete the Project was due to events beyond Grantee’s reasonable control.

The Air District may waive repayment if, prior to sale of Project Equipment, the Grantee facilitates transfer of this Agreement by the Air District to the subsequent owner who agrees to assume all obligations under this Agreement and specifically agrees to continue operation of the Project Equipment in order to provide equivalent emission reductions in accordance with Program Guidance.

16. Special Conditions:

A. Reserved
B. Operation in California: For the duration of the Project Equipment Operational Period, Grantee shall operate the Project Equipment within California, and if applicable in the disadvantaged or low-income communities as specified in the “% Operation” column in Table 1 of Attachment A.

Grantee must demonstrate, as part of the Annual Monitoring Reports, that the percentages of operation within California as identified in Table 1 have been achieved for each year of operation. Failure to do so may result in repayment of grant funds.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

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16 C. In addition to Paragraph 13 of Attachment A, the grantee must demonstrate with documented evidence that the project is expected to meet or has already met the electricity usage requirements (MWh delivered) specified in Table 1 of Attachment A to vessels not required to use shore power by CARB’s At-Berth regulation. The Air District may elect to issue partial payment(s) based on electricity already delivered or expected to be delivered at the Air District’s discretion.

If the actual amount of electricity delivered to vessels not required to use shore power by CARB’s At-Berth regulation is less than the amount specified in Table 1 of Attachment A, the maximum allowable reimbursement payment shall be pro-rated based on the following formula:

𝑀𝑎𝑥𝑖𝑚𝑢𝑚 𝑅𝑒𝑖𝑚𝑏𝑢𝑟𝑠𝑒𝑚𝑒𝑛𝑡 ($) = 𝑂𝑟𝑖𝑔𝑖𝑛𝑎𝑙 𝐹𝑢𝑛𝑑𝑠 𝐴𝑤𝑎𝑟𝑑𝑒𝑑 ($) × 𝐸𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦 𝐷𝑒𝑙𝑖𝑣𝑒𝑟𝑒𝑑 ∗(# 𝑀𝑊ℎ) 𝐸𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑡𝑜 𝑏𝑒 𝐷𝑒𝑙𝑖𝑣𝑒𝑟𝑒𝑑 (# 𝑀𝑊ℎ)
*Must be delivered to vessels not subject to California At-Berth Regulation

D. The installed shore power system must comply with international shore power design standards (ISO/IEC/IEEE 80005-1-2012 High Voltage Shore Connection Systems or the IEC/PAS 80005- 3:2014 Low Voltage Shore Connection Systems).

E. Reserved.

F. The Grantee shall at any time during the contract Term agree to accept the installation and use of an on-board electronic monitoring device if requested by the Air District.

G. As required by the Program Guidance, Grantee shall ensure that Project Equipment shall be equipped with a tamper-proof, non-resetting hour or energy meter (as applicable). If this meter fails during the Project Equipment Operational Period, the Grantee must notify the Air District and take action to repair or replace the meter within thirty (30) days.

H. Reserved.

I. Reserved.

J. Reserved.

K. By signing this Section K, the Contact, on behalf of Grantee, certifies that the following statements are true statements and affirmations of the Grantee to the best of its knowledge:

1. I certify that the fleet, engine(s) and equipment are in compliance with all applicable Federal, State, and local air quality rules and regulations as of the Effective Date of this Agreement.

2. I understand that I must maintain compliance with all applicable Federal, State, and local air quality rules and regulations for the Project Term.

3. I have disclosed to the Air District all other all private or public financial incentives applied for or used for this Project.

4. I will not apply for or receive other private or public financial incentives for the Project without prior approval from the Air District, including any sources that become available after the Effective Date of this Agreement. The receipt of additional public funding for the Project Equipment could result in a reduction of the Total Grant Funds Awarded.

5. I understand that the following requirements apply to additional private or public financial incentives used to support this Project.
a. Grantee must meet all criteria associated with each funding source used to fund the Project.
b. The total of all incentives for the Project must not exceed the total project costs.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

BAAQMD VW Mitigation Trust Fund Program Grant Agreement

VWFM-21-0319

14 of

16 c. Grantees that are not public entities must satisfy the match requirements using only eligible sources of funding, as laid out in the Program Guidance or as confirmed in writing by the Air District.
d. All NOx emission reductions achieved through this Project and paid for with Project Funds and Grantee matching funds [or funds comprising Total Grant Funds Awarded] will be credited as reductions to the VW Program. Matching funds may not lead to double counting of NOx benefits. Other emission reductions, such as greenhouse gas emissions, may be claimed by the other programs used in co-funding this project.

Signature: _____________________________________________________

Name (printed): _________________________________________________

Title: ________________________________________ Date: ____________

L. Security Interest: Grantee hereby grants the Air District a security interest in the Project Equipment that has been purchased partially or entirely with funding provided by the Air District pursuant to this Agreement and any amendments thereto. Grantee acknowledges and agrees that the Air District shall have all lien rights as a secured creditor on the Project Equipment throughout the Term of the Agreement. Grantee agrees and authorizes the Air District to file a Uniform Commercial Code (UCC) financing statement (Form UCC-1) or similar security instrument to secure its interests in the Project Equipment. In the event the Project Equipment is repossessed or Grantee files for dissolution or bankruptcy protection, Grantee shall notify the Air District within ten (10) business days of the repossession or court filing.

M. Reserved.

N. Reserved.

O. Projects that include fueling or charging infrastructure Project Equipment:
 Grantee must either own the land on which the Project infrastructure is installed or control the land through a long-term lease, easement or other legal arrangement for the duration of the Project Term.
 Work must be performed by a licensed contractor and infrastructure equipment and parts must be new. Remanufactured or refurbished equipment and parts are not eligible.  The fueling and charging infrastructure equipment must be in operating condition for the duration of the Project Term.
 Grantee shall operate annually for the Projected Annual Usage and number of Hours or Visits specified in Table 1 of Attachment A.
 Non-publicly accessible infrastructure equipment must operate without disruption and Grantee shall report any downtime to the Air District within 15 days of equipment malfunction outlining specified actions to return Project Equipment to service.  Fueling and charging infrastructure equipment must include an operational fuel/energy meter throughout the Project Term. If this meter fails for any reason, the fuel/energy meter must be repaired or replaced as soon as possible.
 The Air District will review all invoiced costs submitted by Grantee upon Project completion to identify actual eligible and ineligible costs.
o Eligible fueling and charging infrastructure costs include: Design and engineering, equipment (e.g., charging/fueling units, materials), installation directly related to the construction of the infrastructure, meter/data loggers.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3 Port Comsultant 7/22/2022
Alan Wolken

BAAQMD VW Mitigation Trust Fund Program Grant Agreement

VWFM-21-0319

15 of

16 o Ineligible fueling and charging infrastructure costs include: Existing station/infrastructure upgrades, fuel and energy costs, non-essential equipment or hardware, operation cost (e.g., operational fees, maintenance, repairs, improvements, spare parts), insurance, data collection and reporting, Grantee administrative costs, travel/lodging, employee training and salaries, legal fees, real estate property purchases/leases, performance bond costs, construction management, storm water plan costs, security costs, testing and soil sampling, hazardous materials, including permitting, handling and disposal.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

BAAQMD VW Mitigation Trust Fund Program Grant Agreement

VWFM-21-0319

16 of

16 ATTACHMENT B - INSURANCE REQUIREMENTS

Grantee to initial next to each checked box indicating they have read their project insurance requirements.

Verification of Coverage:

Grantee shall provide the Air District certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require Grantee to provide complete, certified copies of any insurance offered in compliance with these specifications. Certificates, policies and other evidence provided shall specify that the Air District shall receive 30 days advanced notice of cancellation from the insurers.

Minimum Scope of Insurance
Throughout the Project Term as defined in Section III of the Agreement of which this Attachment is a part, Grantee shall obtain and maintain in full force and effect the insurance as set forth below:
 1. Liability Insurance:

Initial
Corporations and Public Entities - a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines or equipment operated by the Grantee.

Single Equipment Owners - a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, vessels, engines or equipment operated by the Grantee.

At the time the Grantee submits invoices for payment to the Air District, the Grantee must demonstrate that each piece of Project Equipment purchased under this Agreement, of which this is an Attachment, is covered under the following property insurance, if Grantee has not already demonstrated possession of this insurance to the Air District.

The property insurance for each piece of Project Equipment must remain effective from the date of the invoice to the Air District to the end of the Project Equipment Operational Period as defined in Section III of the Agreement.  2. Property Insurance:

Initial
in an amount of not less than the insurable value of Grantee’s vehicles, vessels, engines or equipment funded under the Agreement of which this Attachment is a part, and initial covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

 3. Workers Compensation Insurance

Initial
as required by California law and employers’ liability insurance with a limit not less than $1 million.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

DocuSign Envelope ID: 3E85B1CC-5E84-4907-A489-3353CD1BFFD3

Certificate Of Completion
Envelope Id: 3E85B1CC5E844907A4893353CD1BFFD3
Status: Completed
Subject: Please DocuSign: VWFM-21-0319 Port of Richmond Draft Contract.docx Document Type: Contract with Grantee
Program:

VW
Primary Funding Source: VW
Secondary Funding Source:

Source Envelope:

Document Pages: 16
Signatures: 4
Envelope Originator:

Certificate Pages: 6
Initials: 3
John Del Arroz
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[email protected]
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John Del Arroz
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Staff Specialist
Bay Area Air Quality Management District
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Chad White
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Bay Area Air Quality Management District
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Chengfeng Wang
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Air Quality Program Manager
Bay Area Air Quality Management District
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Bay Area Air Quality Management District - Grants
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Alexander Crockett
[email protected]
Interim Executive Officer/APCO
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Damian Breen for
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DEO
Bay Area Air Quality Management District
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Bay Area Air Quality Management District - Grants Department (we, us or Company) may be required by law to provide to you certain written notices or disclosures.

Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/16/2020 1:09:34 PM Parties agreed to: Alan Wolken, Alexander Crockett, Marina Smotkin, Jeffrey McKay

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Bay Area Air Quality Management District - Grants Department as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Bay Area Air Quality Management District - Grants Department during the course of your relationship with Bay Area Air Quality Management District - Grants Department.

November 15, 2022

Finance Department

DATE: November 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager
Delmy Cuellar, Director of Finance
Mubeen Qader, Budget Administrator
Subject:

Annual Cost of Living Increase for Recipients of the
General Pension Fund for 2023
FINANCIAL IMPACT: The requested five percent cost of living increase is three percent greater than the minimum required adjustment of two percent. The incremental expense during the
calendar year 2023 of the additional three percent would be $6,688.14. Funding is available within the General
Pension Fund for this increase.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Participating members of the General Pension Fund have
requested that the City Council adopt a resolution
approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living
increase, for the pensioners in the program. Adoption of the resolution will authorize a total annual cost of living increase of five percent for these recipients.

RECOMMENDED ACTION:

ADOPT a resolution approving a three percent annual
cost of living increase, in addition to the two percent minimum cost of living increase, for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for these recipients – Finance Department (Delmy Cuellar 510-620-6740).

AGENDA
REPORT

November 15, 2022

DISCUSSION:

The City of Richmond General Pension Fund (the “Fund”) was established for the pension payments of all regular, non-safety retirees of the City of Richmond, who were employed before July 1, 1953. The Fund is now “closed,” meaning all members are now retired and receiving pensions. These retirees do not receive a pension from the California Public Employees’ Retirement System (CalPERS) and do not receive post- employment medical insurance reimbursements from the City. The first pensions were calculated as fifty percent of their annual salary at the time they retired. There are currently four (4) retirees receiving pensions, with an average age of 102, and an average monthly pension of $6,192.73.

On November 6, 1984, the voters of the City of Richmond approved Charter Amendments “K” and “L” providing a two percent minimum cost of living increase for the recipients of the General Pension Fund, commencing January 1, 1985, and authorizing the City Council to increase the recipients’ annual pensions by an additional three percent commencing January 1, 2000. Since January 1, 2000, the City Council has annually approved the recipients’ request for the additional three percent increases for a total of five percent annually.

Participating members of the General Pension Fund have requested that the City Council adopt a resolution approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living increase, for pensioners in the program for 2023. Adoption of the resolution will authorize a total annual cost of living increase of five percent for these recipients as requested.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution Approving 2023 Annual Cost of Living Increase

RESOLUTION NO. XX-22

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING THE ADDITIONAL ANNUAL COST OF LIVING INCREASE FOR RECIPIENTS OF THE GENERAL PENSION FUND FOR 2023

WHEREAS, on November 6, 1984, the voters of the City of Richmond approved Charter Amendments “K” and “L” providing (1) a minimum pension amount of Five Hundred Dollars per month to retired employees or to their eligible dependents; (2) an annual increase of two percent (2%) in their benefits commencing January 1, 1985; and (3) authorization for the City Council to increase annually said benefits by an additional amount of up to three percent (3%) commencing January 1, 2000; and

WHEREAS, the participating members of the General Pension Fund have requested the cost of living increase by additional three percent (3%) from the original annual increase of two percent (2%); and

WHEREAS, the total cost of living increase as of January 2023 will be total of five percent (5%).

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the additional annual increase for the year 2023 of three percent (3%) for recipients of the General Pension Fund which brings the total cost of living increase to five percent (5%) hereby approved.

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

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held November 1, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approveded:

Mayor
Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted by the Council of the City of Richmond at a regular meeting held on November 1, 2022.

Pamela Christian, Clerk of the City of Richmond

Reso. No.
_____

of 1

November 15, 2022

Human Resources

DATE: November 15, 2022
TO: Mayor Butt and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sharrone Taylor, Interim Director of Human Resources
Laura Marquez, Risk Manager
SUBJECT:

Third Contract Amendment with George Hills Company
FINANCIAL IMPACT: The proposed additional $88,560 expenditure is included in the approved Fiscal Year 2022-2023 Human
Resources Department, Risk Management Division
budget (account string 50182316-400201), and the
remaining $181,548 will be budgeted accordingly for in
Fiscal Year 2023-2024.

PREVIOUS COUNCIL
ACTION:

June 16, 2019: approved standard contract with an
option for two-year extension.

June 21, 2022: approved extension for 6 months.

STATEMENT OF THE
ISSUE:

Risk Management is seeking to amend its contract with
George Hills Company, Inc. to continue providing third- party administration of general liability claims received by the City.

RECOMMENDED ACTION:

APPROVE a third amendment extending the contract
with George Hills Company through June 30, 2024, and
adding an additional $270,108, to continue providing
third-party administration of general liability claims
received by the City, for a new total contract amount not to exceed $868,668 – Human Resources Department
(Sharrone Taylor/Laura Marquez 510-620-6974).

AGENDA
REPORT

November 15, 2022
DISCUSSION:

The City maintains its general liability insurance program with a Self-Insurance Retention (SIR) of $750,000 and, thereafter, participates in a pooled insurance program with the California Joint Powers Risk Management Authority (CJPRMA). The City is responsible for selecting their own claims adjusting firm, or third-party administrator (TPA).

General liability claims—claiming damages to person or property based on alleged City negligence—are received by the City of Richmond and handled by a TPA. A Request for Proposals (RFP) for third-party administration of these claims was issued in May of 2019. Following the completion of the proposal evaluation process, George Hills Company, Inc. (“George Hills”) was retained for three years with an option for a two- year extension to provide third-party administration of general liability claims.

The City has been satisfied with the incumbent’s performance during the three-year contract period beginning 2019. In June 2022, City Council approved a six-month extension while the City completed an internal audit of George Hills, which returned favorable results. The City is, therefore, recommending exercising its option to extend the contract for an additional 18 months, through June 30, 2024, after which the City will issue a new RFP.

FISCAL IMPACT:

The amendment seeks to add an additional $270,108 to the contract amount, which would result in a total contract amount not exceeding $868,668. This proposed expenditure is included in the approved Fiscal Year 2022-2023 Human Resources Department, Risk Management Division budget, and will be budgeted for future years at the appropriate amount.

CONCLUSION:

City staff recommends that City Council approve the proposed contract amendment with George Hills to continue providing third -party administration of the City’s general liability claims through June 30, 2024.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – 1st Amendment
Attachment 3 – 2nd Amendment
Attachment 4 – Proposed 3rd Amendment to the Contract

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
Laura Marquez
[email protected]
(510) 620-6974
6596
4790
General liability Third Party Administrator services
✔
2 George Hills Company, Inc.

P.O. Box 278
Rancho Cordova, CA 95741
Chris Shaffer
(915) 859-4826
[email protected]
40018218
December 31, 2022
✔
June 18, 2019
July 1, 2019
June 30, 2022
510,000.00
DocuSign Envelope ID: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394

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.

George Hills Company, Inc.

DocuSign Envelope ID: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA Chief Operating Officer
DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394 Mayor

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

598,560
88,560
George Hills Company, Inc.
2 4790
July 1, 2019
December 31, 2022

Contractor will be paid a not-to-exceed amount as follows:

Fiscal Year 2022/2023 - $88,560

DocuSign Envelope ID: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394

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

December 31, 2022
598,560.00
88,560.00
June 28, 2022
4/9/2021
George Hills Company, Inc.
2 4790
✔
✔
✔
DocuSign Envelope ID: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394

___ 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 Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

DocuSign Envelope ID: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394

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

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394

___ 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: 12FBD5E9-2A44-4D73-A08A-BFD27357ABCA DocuSign Envelope ID: 234DE5A6-EEFE-4CE8-9C54-FD0617F13394

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

Professional Services

Type 2 – Page 1 of 3

Revised: 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 Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

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

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

___ 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.

November 15, 2022

Human Resources

DATE: November 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Sharrone Taylor, Interim Director of Human Resources
Nickie Mastay, Deputy City Manager – Internal Services

Subject:

Amending the City of Richmond Salary Schedule
FINANCIAL IMPACT: There is no fiscal impact for amending the salary ranges.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to amend the salary schedule.

RECOMMENDED ACTION:

ADOPT a resolution amending the salary schedule to
retitle Payroll Supervisor to Payroll Manager and
amending the salary ranges for Payroll Manager and
Deputy Director of Public Works City Engineer – Human
Resources Department (Sharrone Taylor/Nickie Mastay
510-620-6602).

DISCUSSION:

PAYROLL SUPERVISOR
The payroll supervisor position within the City’s Finance Department is vacant. This position has been difficult to recruit for in the past. The Finance Department, in collaboration with the city manager and the Human Resources Department, assessed its organizational structure and departmental needs for the Payroll Unit. City staff believes it is more appropriate to have a managerial position with responsibility for the AGENDA
REPORT

November 15, 2022
overall management of the City’s payroll system and staff within the unit, rather than a supervisory position.

Due to the sizable magnitude of the City’s payroll, it was determined that a managerial position is better than a supervisory position. City staff recommends retitling and revising the classification of Payroll Supervisor to Payroll Manager. The duties are the same but are expanded to include a wider scope of oversight and management-level responsibilities. The Payroll Manager position will direct and manage payroll operations for the City, including the management of staff. The Payroll Manager will provide oversight of all payroll practices, reporting requirements, implementation of changes and system updates including policies and procedures, and participate in costing and financial modeling related to negotiations as assigned by the Director of Finance. The Personnel Board approved the retitling of the Payroll Supervisor classification to Payroll Manager and the associated edits to the job specification on October 27, 2022.

The Human Resources Department is now bringing forth a proposed revision to amend the City’s salary schedule by retitling the Payroll Supervisor classification (job class code 2354) to Payroll Manager, and increasing the salary to grade 64 ($7,684 – $9,322 monthly).

DEPUTY DIRECTOR PUBLIC WORKS – CITY ENGINEER

The City’s infrastructure is aging, and the built environment is in dire need of attention.

To address these critical issues, the city manager is requesting amending the Deputy Director of Public Works – city engineer salary range to attract and retain qualified candidates. In the city manager’s analysis, a licensed engineer in a deputy director position can best address the structural and infrastructure issues that are prevalent throughout the City. An experienced engineer, through their knowledge and expertise, can identify the problems and effectively remedy the situation. In addition, the Deputy Director of Public Works – City Engineer role can oversee operations and dispatch City staff to address these issues efficiently.

The Human Resources Department is now bringing forth a proposed revision to amend the City’s salary schedule by increasing the salary of Deputy Director of Public Works – City Engineer to grade 3.1Z ($13,495 – $16,869 monthly).

SALARY RANGE AMENDMENTS
Below is a table that illustrates the comparison of the current and proposed salaries (not including benefits) and the fiscal impact for the third and fourth quarter of FY 2022-2023 (January – June).

November 15, 2022
Annual Cost at Top of Range Cost in FY 2022-2023
Job Class Current Proposed Current Proposed
Payroll Supervisor (Current)
Payroll Manager (Proposed) $100,080 $111,864 $50,040 $55,932

Annual Cost at Top of Range Cost in FY 2022-2023
Job Class Current Proposed Current Proposed
Deputy Director of Public Works
City Engineer $172,368 $202,428 $86,184 $101,214

Approval of the new proposed salary ranges will offer an equitable and viable salary range for these hard-to-fill positions with the hopes to attract, recruit, and retain high- quality candidates.

NEXT STEPS:

City staff recommends the amendment of the salary schedule to include the wages and salaries for these classifications.

Accordingly, the attached resolution will adjust the salary ranges for these classifications in the following manner:

Classification Current
Grade
Current Range New
Grade
New Range Unit
Payroll Manager
(2354) 57 $6,861 - $8,340 64 $7,684-$9,322
IFPTE Local
21 Mid
Management
Deputy Director of
Public Works City
Engineer
(4051)

3.1 $9,024 - $14,364 3.1Z $13,495 - $16,869
IFPTE Local
21 Executive
Management

Note: The salary numbers are rounded in both tables

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Amending the Salary Schedule

RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

AMENDING THE SALARY SCHEDULE

WHEREAS the Department of Human Resources maintains the classification and salary schedule on behalf of the City; and

WHEREAS the City wishes to amend the salary schedule and such amendments are supported by the City Manager.

NOW THEREFORE, BE IT RESOLVED, that effective November 15, 2022, the Salary Schedule is hereby revised as follows and the Director of Human Resources shall publicly post the revised Salary Schedule.

Job Classification Range Step 1
or Min.

Step 2 Step 3 Step 4 Step 5
or Max.

FLSA Unit
2354 Payroll Manager 64 $7,683.90 $8,055.54 $8,456.16 $8,879.78 $9,321.96 Exempt IFPTE Local 21 – Mid-
Management
4051 Deputy Director
Public Works
City Engineer

3.1Z $13,495 $16,869 Exempt IFPTE Local
21 – Exec-
Management

-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

____________________
Mayor

Approved as to form:

____________________
City Attorney

November 15, 2022

Library and Community Services

DATE: November 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

Diana Lopez, Deputy Director of Community Services –
Library
Christopher Larsen, Librarian II

Subject:

Contract with Specialty Vehicle Services
FINANCIAL IMPACT: Funding is part of FY2022-2023 Library budget (21741055 400201 24G09). There is no net additional
expense to the General Fund.

PREVIOUS COUNCIL
ACTION:

June 7, 2022

STATEMENT OF THE
ISSUE:

On April 29, 2022, the Richmond Public Library was
awarded a California State Library Stronger Together:

Out of School Time grant for $250,000 for the design and construction of a new Bookmobile. The Library seeks to
enter into a sole source contract with Specialty Vehicle Services for design and procurement of the new vehicle
in fulfillment of this grant.

RECOMMENDED ACTION:

APPROVE the sole-source contract with Specialty
Vehicle Services, LLC, for consulting services for the
design and procurement of a new Bookmobile, for a total amount of $20,300, for a term beginning November 16,
2022, and ending November 15, 2023 – Library and
Community Services Department (Diana Lopez 510-620-
5452/Christopher Larsen 510-620-5524).

AGENDA
REPORT

November 15, 2022
DISCUSSION:

On April 29, 2022, the Richmond Public Library was awarded a grant for $250,000 by the California State Library for the design and construction of a new Bookmobile. This grant includes $19,100 for a consultant to assist Library staff with designing and procuring an appropriate customized vehicle. City Staff research identified Specialty Vehicle Services, LLC, of Franklin, Wisconsin (SVS) as the sole independent consultant available, and a sole source justification was approved by the Finance Director on August 31, 2022 (Attachment 1). SVS will be responsible for developing specifications in consultation with City staff, recommending qualified vendors, overseeing construction, and completing an inspection report (Attachment 2). The total cost for the services is $20,300 and will be funded from the grant ($19,100) and Library Impact Fees ($1,200) (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – Sole Source
Attachment 2 – Standard Contract
Attachment 3 – SVS Services Proposal

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 09-26-07 1 of 12

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

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

General Conditions/EJ/TE 09-26-07 2 of 12

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

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

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

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

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

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

General Conditions/EJ/TE 09-26-07 3 of 12

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

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 09-26-07 4 of 12

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

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

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

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

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

General Conditions/EJ/TE 09-26-07 5 of 12

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

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

15. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Contractor's employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, or its failure to comply with any current or prospective law, regardless of Contractor's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, their officers, agents, or servants.

Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City General Conditions/EJ/TE 09-26-07 6 of 12

shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.

If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim, and to permit City to assume and control the defense of such action, with counsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.

This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined therein).

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment General Conditions/EJ/TE 09-26-07 7 of 12

discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

General Conditions/EJ/TE 09-26-07 8 of 12

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and City reserves the right to employ other Contractors in connection with the project.

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

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, General Conditions/EJ/TE 09-26-07 9 of 12

acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

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

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

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

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

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

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

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

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

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure General Conditions/EJ/TE 09-26-07 10 of 12

by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments General Conditions/EJ/TE 09-26-07 11 of 12

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

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

39. Performance and Final Acceptance.

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

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

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

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

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

General Conditions/EJ/TE 09-26-07 12 of 12

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

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

___ 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 Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

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

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

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

___ 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.

Exhibit G

CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Specialty Vehicle Services SCCO Compliance Statement (Augt2020)

450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6740 Fax: (510) 620-6522 www.ci.richmond.ca.us

FINANCE DEPARTMENT

Date: __________

Grant Project Code Description Grant =<$5 million
(Yes/No)
Sub-Grantee (yes/No)

City of Richmond Staff: If the grant is less than $5 million or there are no sub-grantees, please do not fill out the form beyond this line

Sub-Grantee Address: ______________
_________________________________
RE: Contractor and Grantee Report on Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine

Dear (sub-grantee name):

On March 4, 2022, Governor Gavin Newsom issued the attached Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain steps and to report to the agency/department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

As such, (name of sub-grantee) is required to comply with the Governor’s Executive Order as it applies to the above-mentioned Grant
Please complete the form below and return to [email protected] COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA’S ACTIONS IN UKRAINE

I attest that (name of sub-grantee) is in compliance with the economic sanctions imposed by the U.S government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

Exhibit H

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-6-22
WHEREAS California has a strong commitment to fundamental rights and freedoms at home and around the world; and
WHEREAS the Russian Federation (Russia) has mounted aggressive, unlawful, and violent actions against Ukraine and its people, flouting these fundamental rights and freedoms; and
WHEREAS Russia's attacks on Ukraine and its people have significantly escalated since 2014, despite significant diplomatic efforts by the United States and its partners and allies to stop Russian aggression; and WHEREAS on February 21, 2022, United States President Joseph R. Biden Jr. issued Executive Order 14065 finding that Russia's purported recognition of the so-called Donetsk People's Republic or Luhansk People's Republic regions of Ukraine contradicts Russia's commitments under the 2014 Minsk cessation of hostility agreements and further threatens the peace, stability, sovereignty, and territorial integrity of Ukraine; and
WHEREAS Executive Order 14065 expands upon a number of previous Executive Orders related to Russia's mounting actions to undermine the sovereignty and territorial integrity of Ukraine, including Executive Orders 13660, 13661, 13662, 13685, and 13849, and further federal actions may follow; and WHEREAS on February 24, 2022, Russia launched a large-scale invasion of the sovereign nation of Ukraine and continues to conduct a lawless assault on the Ukrainian government and people; and
WHEREAS California joins the United States and other nations, states, and localities in condemning Russia's attacks on Ukraine and its people as an assault on fundamental international rules and norms that have prevailed since the Second World War; and
WHEREAS President Biden and American allies and partners around the world have announced significant economic sanctions on key Russian institutions and banks and on the architects of this war of choice, including Russian President Vladimir Putin, among others; and
WHEREAS California is proud to be home to one of the largest Ukrainian populations in the United States, and continues to stand with the government and people of Ukraine, who have fought with incredible bravery to defend their country and freedom; and
WHEREAS California supports President Biden 's efforts to hold Russia accountable for violating Ukrainian sovereignty, for its disregard for the lives and well-being of the Ukrainian people, and for its hostility to freedom and democracy; and
WHEREAS thousands of Russian citizens have courageously taken to the streets to protest their government's lawless invasion of Ukraine, and many

Californian immigrants from Russia and Californians of Russian descent have marched in solidarity with these Russian protesters; and WHEREAS California's National Guard and the U.S. government have had a nearly three-decade relationship with Ukraine working to support its Ministry of Defense, Ministry of Interior, and Armed Forces by providing military equipment and training as well as humanitarian assistance, from helping to renovate schools and providing school supplies to volunteering at orphanages; and WHEREAS over the last twenty years, the Office of Emergency Services, along with the California National Guard and the California Emergency Medical Services Authority, has provided training and conducted exercises with the Ukrainian Ministry of Defense and Armed Forces on utilizing the Emergency Management and Incident Command System; and
WHEREAS California, which has a long history of welcoming Ukrainian and other refugees, will continue to support resettlement, in partnership with the federal government, of those seeking safety and freedom from Russia's aggression in Ukraine; and
· WHEREAS according to UN agencies, Russian aggression since 2014 has internally displaced 1.5 million Ukrainians, caused an estimated 50,000 casualties, and destabilized the region, and its recent invasion of Ukraine threatens to create Europe's largest refugee crisis in decades, with more than a million refugees fleeing Ukraine in the last week; and
WHEREAS many companies in California have taken steps to limit economic transactions with Russia and Russian entities, to combat misinformation about Russia's actions in Ukraine, and to support the government and people of Ukraine; and
WHEREAS California calls upon businesses, non-governmental organizations, and public entities in the State to review their investments and contracts to ensure their compliance with economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law (collectively, economic sanctions), and to take actions to support the Ukrainian government and people, including by refraining from new investments in, and financial transactions with, Russian institutions or companies that are headquartered or have their principal place of business in Russia (Russian entities), not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. All agencies and departments subject to my authority shall review all contracts for commodities, services, and technology to determine whether they comply with existing economic sanctions; and

2. All agencies and departments subject to my authority shall terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions, and shall refrain from entering into any new contracts with such individuals or entities while economic sanctions are in effect; and

3. All agencies and departments subject to my authority shall notify all contractors and grantees of their obligations to comply with economic sanctions within 45 days of this Order, and the Department of General Services and the Department of Technology shall provide guidance on such communications within 14 days of this Order; and

4. All agencies and departments subject to my authority shall direct grantees, and contractors with agreements valued at $5 million or more, to report to the agency or department regarding their compliance with economic sanctions; and

5. All agencies and departments subject to my authority shall direct all grantees, and contractors with agreements valued at $5 million or more, to report on steps they have taken in response to Russia's actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine; and

6. The Department of General Services and Department of Technology shall issue procurement guidance to agencies and departments regarding compliance with economic sanctions and supporting Ukrainian businesses to the extent permitted by state law.

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 4th day
of March 2022.

Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

3312 W SYCAMORE STREET
FRANKLIN, WI 53132
262.679.9096
VEHICLESUCCESS.COM

“YOUR PARTNER FOR THE ROAD AHEAD!”

June 10, 2022

Christopher Larsen
Richmond Public Library
325 Civic Center Road
Richmond, CA 94804

Dear Mr. Larsen,

Thank you for your interest in SVS for your outreach vehicle consulting needs. I am pleased to provide the following proposal based on your request. This document in its completeness details a full package of services to professionally develop, procure, manage, and inspect a new outreach vehicle project, but has also been broken into logical sections for ease of customization if needed.

As always p lease feel free to contact me directly anytime at 262.679.9096 or [email protected] with any question or comment and thank you again for considering SVS as a partner during your outreach vehicle project.

I sincerely look forward to the opportunity to serve you and your team.

Sincerely,

Michael Swendrowski
President - Specialty Vehicle Services, LLC.

Chairman - American Library Association, Subcommittee on Bookmobiles (past) Board Member - Association of Outreach & Bookmobile Services Board Member - Mobile Health Clinics Network
Co-author – On the Road with Outreach (Libraries Unlimited, 2009)

Proposal for Consultant Services

For
Richmond Public Library

Project
Outreach Vehicle

Proposed by:

SPECIALTY VEHICLE SERVICES, LLC.
3312 West Sycamore Street
Franklin, WI 53132
P: (262) 679-9096
M: (262) 510-1397
F: (262) 457-8170

Organization, Credentials and Experience
Specialty Vehicle Services, LLC. (“SVS”) is an independent team of qualified experts in the field of Specialty Vehicle consultation, design, and management. The project leader for this project will be Michael Swendrowski, former Chairman of the American Library Association's ("ALA") Subcommittee on Bookmobiles , long -standing Board member of the Association of Bookmobile and Outreach Services (“ABOS”), and a 30-year+ veteran of the specialty vehicle industry with special focus on library outreach vehicles and other technologically advanced vehicles.

Michael has performed various duties and job assignments within the United States and throughout the world. He has worked for multiple Specialty Vehicle manufacturing companies holding positions of production worker, electrical department sup ervisor, engineering manager, sales manager, and director of operations, and now founder and president of Specialty Vehicle Services. His last position, as director of operations, was with the largest outreach vehicle manufacturer in the country, rendering him exceptionally qualified for this type of project.

Michael's experience within the Specialty Vehicle industry has also included the development and manufacture of many projects. Some of the more notable projects include super-compact mobile mammography units, unique and successful mobile marketing units, rapid -deployment mobile emergency cellular repeater sites for China's telecom ministry, touchscreen-controlled surveillance platforms for the US government, military communication units, international airport mobile command posts, and satellite uplink/downlink connected public information units.

Many of the other hundreds of vehicles Michael was involved with included: bloodmobiles, NASCAR racing trailers, mobile DUI un its, tactical response vehicles, medical and dentistry clinics, mobile education units, and many others.

On top of the real-world education Michael received during his lengthy career, Michael has continued his formal education to include business manageme nt and electronics design aspects. During his manufacturing career, Michael gained extensive working knowledge of mobile electrical systems, metal fabrication, woodworking, upholstery, painting, and equipment sourcing. This well-rounded education and experience were all integrated to allow the formation of SVS.

Today, SVS is the foremost leader in the field of specialized vehicle consultation, design, management and inspection, and Michael is a well -recognized, respected, and proven consultant to library outreach communities worldwide.

Firm Information
SVS is a professional firm established in 2002 and headquartered in Franklin, WI. Additional associates are located throughout North America and enlisted as needed as sub -contractors. The business is structured as a Limited Liability Corporation and defined by Wisconsin statutes as a small business.

Understanding of the Project
We at SVS aim to assist the Richmond Public Library (“Library”) in the development of a outreach vehicle to provide logistical and information-based benefits to populations within its area. The library is interested in professional assistance to supplement the knowledge base of the team during this initiative, and SVS can provide its expertise and capabilities within this field to guide this unique project forward from its current stage.

The initial objective under the scope of this proposal is to assist with the development of the library’s “desirables” list and consultation with pertinent personnel. SVS will then provide professional recommendations based on the findings and model research prior to development of professional specifications and interior layout design. If desired, SVS will then assist with procurement and contract negotiations with the selected vendor(s). Afterwards, SVS can then conduct vendor relations on behalf of the library and generally manage the entire construction aspect of the project, including inspection of the vehicle for contractual, regulatory and craftsmanship compliance. The multiple phases and deliverables of this project shall be completed in an expeditious manner.

SPECIFIC OBJECTIVES

1. Develop "desirables" list conjunction with the library and consult as required with relevant personnel to develop accurate goals for project. Provide Recommendations Report based on findings.

2. Prepare preliminary AutoCAD floor plan for vehicle layout to include with Request For Proposal (RFP) package, including up to two (2) revisions.

3. Develop comprehensive project specifications for the selected vehicle, vehicle options, and aftermarket modifications. This aspect shall include identification of necessary fixtures and equipment for the vehicle and include up to two (2) revisions.

4. Prepare an independent cost estimate for the developed vehicles based on current market conditions.

5. Prepare and provide a recommended prospective vendor list for Request For Proposal (“RFP”) issue.

6. Assist with or lead RFP (or equivalent) purchasing process in conjunction with library staff.

7. Analyze RFP responses in conjunction with the library. Provide analysis summary and recommendation report based on outcome.

8. Provide primary vendor relations and general project management services on behalf of Library during pre-construction engineering refinement and project construction.

9. Consult with library on finish material selection and exterior graphics design as applicable.

10. Coordinate and conduct a 1 day on-site "post-construction/pre-delivery" inspection and testing at selected vendor's facility. Inspections shall ensure contract, regulatory and quality compliance. Functional/operational testing of the finished vehicle shall also be completed.

Implementation

Phase 1 - Development: Includes consultation and report, specifications, AutoCAD floor plan, independent cost estimate, and suggested list of qualified vendors. (Timeline: 2 – 4 weeks from engagement)

Deliverables:
o Analysis Recommendation Report (Word and/or PDF document) o Specifications (Word and/or PDF document)
o AutoCAD Floor Plan (AutoCAD and/or PDF document)
o Cost Estimate (Excel and/or PDF document)

Phase 2 - Procurement: Includes RFP assistance or issue and response analysis with recommendation report.
(Timeline: 1 week from receipt of RFP responses)

Deliverables:
o Recommended Vendor List (Word and/or PDF document)
o Award Recommendation Report (Word and/or PDF document)

Phase 3 - Construction: Includes vendor interaction/guidance, vendor field inspections/meeting (as contracted), and completed project analysis/inspection report.
(Timeline: 1 week from inspection completion)

Deliverables:
o Project Inspection Report (Word and/or PDF document)

Consulting Fees
Costs shall not exceed this proposal without express written consent from the client.

Terms and Conditions
• Payment terms are 50% down, 25% progress, balance due upon completion. • Quotation prices are listed in US Dollars and do not include any applicable sales or business taxes/fees. • Client authorized changes to scope of work within this proposal may affect cost.

Acceptance

_____________________________________________________________ ____________________________ Signature Date

_____________________________________________________________ _____________________________ Printed Name Title

Accept Description Fee
□ Phase 1: Development – objectives 1-3 as detailed herein $8,600 □ Phase 2: Procurement – objectives 4-7 as detailed herein $3,600 □ Phase 3: Construction & Inspection – objectives 8-10 as detailed herein.
$8,100

Subtotal (if all selected): $20,300

November 15, 2022

Library and Community Services

DATE: November 15, 2022
TO: Mayor Butt and Members of the City Council
FROM:

LaShonda White, Interim Director, Community Services
Sam Vaughn, Deputy Director of Community Service,
Office of Neighborhood Safety
Subject:

Approval of the Expenditures Associated with the 2022-
2025 California Violence Intervention and Prevention
(CALVIP) Grant Award
FINANCIAL IMPACT: The funding in the amount of $6,000,000 for three (3) years has been approved by the Board of State and
Community Corrections (BSCC) to fund the following
organizations as outlined in the grant application: RYSE ($1,000,000), Richmond Police Activities League (RPAL)
($1,150,000), Safe Return Project ($1,000,000), Evident Change ($300,000) Literacy for Every Adult Program
(LEAP) ($120,000), Financial Audit Services ($25,000)
and program operational support for the Office of
Neighborhood Safety (ONS) Operation Peacemaker
Fellowship ($2,405,000). The grant will increase the
budget for both the revenue and expenditures by
$6,000,000 under the following account string:
10612051-334351-2BQ04 and 10612051-400806-2BQ04

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting City Council approval of a three- year expenditure plan associated with the 2022-2025
California Violence Intervention and Prevention Program (CalVIP) grant award issued by the Board of State and
Community Corrections (BSCC) to fund a local
collaborative effort to reduce violent activity using
evidence-based prevention, intervention, and
suppression activities.

AGENDA
REPORT

November 15, 2022
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE the expenditure plan associated with the 2022-2025
California Violence Intervention and Prevention Program (CalVIP) grant award in the amount of $6,000,000; and
AUTHORIZE the city manager or their designee to
negotiate and execute multi-year contracts, with
termination dates ranging from June 30, 2025 through
December 31, 2025, with RYSE Center ($1,000,000),
Richmond Police Activities League (RPAL) ($1,150,000),
Safe Return Project ($1,000,000), Evident Change
($300,000), Literacy for Every Adult Program (LEAP)
($120,000), and for financial audit services ($25,000); and AUTHORIZE the city manager or their designee to
execute all budgetary and program amendments
approved by the Board of State and Community
Corrections, and any associated City contract
amendments – Library and Community Services
Department (LaShonda White/Sam Vaughn 510-620-
5404).

DISCUSSION:

The Office of Neighborhood Safety (ONS) received funding from the State for the past 14 years to support its violence intervention and prevention program. The 2022-2025 California Violence Intervention and Prevention Program (CalVIP) funding award, provided through the Board of State and Community Corrections Department (BSCC), specifically supports ONS’s efforts to further develop and advance sustained city capacity to reduce firearm assault and associated injury through its Street Outreach and Operation Peacemaker Fellowship (community and individual based gun violence interruption strategy) and the RYSE Center Restorative Pathways Program (Hospital- based Violence Intervention Program). BSCC notified Richmond that ONS received the $6 million three-year grant on June 9, 2022, which includes $6 million in matching funds from the City of Richmond and participating community-based organizations included in the grant.

The project activities for the Beloved Community Partnership-Next Level Collaborative (BC-ENLC) will include the following specific evidence-based programs:

Street Outreach Workers develop relationships with and provide direct support to youth and young adults who are directly involved with and/or suspected of being involved in firearm activity in Richmond. Street Outreach workers contact and engage targeted participants and offer a spectrum of support services opportunities. 
Mentoring supports the healthy development of program participants by addressing their need for positive adult interaction.

November 15, 2022

Cognitive Behavior Therapy (CBT) is an approach that helps program participants overcome emotional distress and trauma by teaching skills to enhance self-control and reduce violence.

Hospital-Based Violence Intervention involves the provision of culturally competent services to individuals receiving hospital care as victims of violence. 
Life Skills Training (LST) promotes healthy living/lifestyle and reduces drug and alcohol use among program participants by promoting anti-drug values and self- management.

Healing Circle have been demonstrated to be successful approach to helping communities heal from trauma, by bringing people together to acknowledge what has happened, affirm their traditions, and develop shared support. 
Case Management is a client-centered, goal-oriented process of assessing an individual’s need for particular services and obtaining those services. Program participants have complex and interrelated needs, making this approach especially effective.

Subsidized employment is employment for which the participant’s employer is wholly or partially reimbursed for wages. These programs provide work experience, training in soft skills and business skills, and self-esteem. Studies with a reentry population have shown significant reductions in recidivism for individuals participating in transitional employment opportunities.

Project evaluation, provided by Evident Change, proposes a process evaluation that includes a systematic review of data to delineate the services and activities that support the work of the BC-ENLC. Additionally, at least (5) five qualitative interviews will be conducted with program staff, local leaders, community members, youth, and parents to understand and document BCP-NLC implementation.

Program operational support associated with the Operation Peacemaker Fellowship and the RYSE Restorative Pathways Program will include the following:

 Service coordination designed to support positive health, social, emotional,  mental, physical, employment, and educational outcomes for each program participant.
 Supportive services which may include emergency housing support, transportation, primary document acquisition (driver’s license, birth certificate etc.), employment/training related clothing, food vouchers, life skills and vocational training, educational testing and support, and substance abuse treatment assistance.
 Incentives and activities which may include stipends and gift cards based on program participants’ commitment to transforming their lives and participating in

November 15, 2022
 goal-directed, activities, trainings and seminars as offered/required by the program and/or outlined in their case file.
 Clinical Counseling services to provide individual and group clinical counseling (Including CBT) for program participants.
 Trauma stewardship and healing circle for services providers and informal neighborhood leaders.
 Coordinated literacy, recreational and community services projects for program participants.
 Workplace skills development and subsidized employment for program participants.
 Data collection and evaluation.

The grant will serve 535 youth in Richmond and West Contra Costa County through a local collaborative with RYSE Center, Richmond Police Activities League (RPAL), Social Good Fund, and the Literacy for Every Adult Program (LEAP) in an effort to reduce violence through evidence-based programs and activities. Funds are also allocated to Evident Change for evaluation purposes and to fund financial audit services.

Richmond Police Activities League (RPAL)

RPAL will receive $1,150,000 over three years (07/01/22 – 06/30/25) to provide services for all the partner agencies participants through services such as but not limited to mentoring, life skills trainings, service-learning, job readiness, workshops, excursions, subsidized employment, and internships. RPAL was chosen as a contractor due to the lengthy and successful partnership and the positive impact demonstrated on previous CalVIP grants.

Social Good Fund/Safe Return Project

Safe Return Project will receive $1,000,000 over three years (07/01/22 – 06/30/25). This groups specializes in providing services to justice impacted youth using a social and racial equity lens to provide mentoring, community organizing, healing circles, participatory research and systems change. Safe Return Project was chosen as a contractor because they epitomize what the CalVIP grant is all about. They are a grass roots organization that has had a 12-year relationship with ONS and has a history of being able to engage the hard-to-reach population that this grant mandates we serve.

Aforementioned

RYSE

RYSE will receive $1,000,000 over three years (07/01/22 – 06/30/25) to provide services for all the partner agencies and their participants. RYSE specializes in youth led, youth driven practices and provides leadership building, through trauma informed practices such as cognitive behavioral therapy, healing circles, mentoring, as well as providing several trainings and workshops for participants and partners. RYSE is also

November 15, 2022
contracted to do our hospital-based intervention work which allows them to provide services to gunshot victims while they are still recovering from their injuries and in their most vulnerable state, and is the only organization in west county that provides this service. RYSE was chosen as a contractor due to the lengthy and successful partnership with ONS and the positive impact demonstrated on previous CalVIP grants.

LEAP

LEAP will receive $120,000 over the three-year grant period (07/01/22 – 06/30/25) to provide assessments in reading, writing and math skills, develop education plans, and provide GED instruction classes for program participants.

Evident Change

This organization will receive $300,000 over three and a half years (07/01/22 – 12/31/25) to provide the grant-mandated evaluation of the program. They will coordinate with all partners to evaluate all goals and methods of the project and ensure proper data is being collected. They will advise and create pre-post assessments for participants, as well as capture program outcomes that will guide their final evaluation report due to the state. Evident Change was chosen as the evaluator due to their decades long commitment to research on inequities in urban America and the justice system. They are a nationally recognized research powerhouse when it comes to these specific topics. They are also an expert on the very specific needs and guidelines the state puts on the evaluation process and final report. They have served as the evaluator for all previous ONS CalVIP grants. They truly grasp ONS’s work and mission, and all the challenges associated with serving the population that this grant mandates us to serve.

DOCUMENTS ATTACHED:

Attachment 1 – Grant Agreement
Attachment 2 – Official Notice of Award
Attachment 3 – Resolution

STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC84422 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 844- 22 BSCC-5227

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
City of Richmond, Office of Neighborhood Safety

2. The term of this Agreement is:

START DATE
JULY 1, 2022

THROUGH END DATE
DECEMBER 31, 2025

3. The maximum amount of this Agreement is:
$6,000,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D

Special Terms and Conditions 4
Attachment 1* California Violence Intervention & Prevention Grant Request for Proposals * Attachment 2 CalVIP Grant Proposal 31
Appendix A

CalVIP Executive Steering Committee 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_cpgpcalvipgrant/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Richmond, Office of Neighborhood Safety

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
450 Civic Center Plaza Richmond CA 94804

PRINTED NAME OF PERSON SIGNING TITLE
Sam Vaughn Deputy Director

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06

7/8/2022

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT A: SCOPE OF WORK
Rev 04/2020

1. GRANT AGREEMENT – CALIFORNIA VIOLENCE AND INTERVENTION (CalVIP) GRANT This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of Richmond Office of Neighborhood Safety (hereafter referred to as the Grantee or Contractor).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Fiscal Year 2021- 22 State Budget includes funding in the amount of $209 million for the California Violence Intervention and Prevention (CalVIP) Grant Program, to be administered by the Board of State and Community Corrections (BSCC). California cities that are disproportionately impacted by violence and the community-based organizations that that serve the residents of those cities are eligible to apply for CalVIP grant funding.

The purpose of the CalVIP Grant is to improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group -member involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)).

B. Grantee agrees to administer the project in accordance with Attachment 1: CalVIP Request for Proposals (incorporated by reference) and Attachment 2: CalVIP Grant Proposal, which are attached hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Sam Vaughn
Title: Deputy Director
Address: 450 Civic Center Plaza, Richmond, CA 94804
Phone: ( 510) 620-5404

Designated Financial Officer authorized to receive warrants:

Name: James Houston
Title: Program Manager
Address: 4 50 Civic Center Plaza, Richmond, CA 94804
Phone: ( 510) 620-5405
Email: [email protected]

Project Director authorized to administer the project:

Name: Sam Vaughn
Title: Deputy Director
Address: 4 50 Civic Center Plaza, Richmond, CA 94804
Phone: ( 510) 620-5404
Email: [email protected]

C. Either party may change its project representatives upon written notice to the other party.

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT A: SCOPE OF WORK
Rev 04/2020
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: CalVIP Request for Proposals and Attachment 2: CalVIP Grant Proposal.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan January 3, 2023

2. Final Local Evaluation Report December 31, 2025

C. Other Due no later than:

Financial Audit Report December 31, 2025

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project.

Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall mai ntain documentation of donated goods and/or services, including the basis for valuation.

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT A: SCOPE OF WORK
Rev 04/2020
E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspect ion, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three- year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the CalVIP Executive Steering Committee (See Appendix A) from receiving funds from the CalVIP grants awarded under this RFP. Applicants who are awarded grants under this RFP a re responsible for reviewing the CalVIP ESC membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the CalVIP ESC.

B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than t he end of the contract term, December 31, 202 5. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

City of Richmond Office of Neighborhood Safety
BSCC844-22

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020

1. INVOICING AND PAYMENTS

A. The Grantee shall be paid in quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025

Final Invoicing Periods*: Due no later than:

13. July 1, 2025 to September 30, 2025 November 15, 2025

14. October 1, 2025 to December 31, 2025 February 15, 2026 *Note: Project activity period ends June 30, 2025. The period of July 1, 2025 to December 31, 2025 is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) and all obligated match contributions must be incurred by the end of the grant project period, June 30, 2025, and included on the invoice due August 15, 2025. Project expenditures incurred after June 30, 2025 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by December 31, 202 5. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of July 1, 2025, to December 31, 202 5, must be submitted during the Final Invoicing Period( s), with the final invoice due on February 15, 2026. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The financial audit is due to BSCC by December 31, 202 5. Expenditures incurred for the completion of the financial audit during the period of July 1, 2025, to December 31, 2025, must be submitted during the Final Invoicing Periods, with the final invoice due on February 15, 2026.

Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

D. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

E. Upon t he BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all expenditures on the project site for the life of the grant and make it readily available for review during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION

City of Richmond Office of Neighborhood Safety
BSCC844-22

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid through CalVIP funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted t hrough the passage of Assembly Bill 129 (Statutes of 2021 , Chapter 21 ), also known as the California Budget Act of 2021. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If CalVIP funding is reduced or falls below estimates contained within the CalVIP Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/

The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein.

To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs.

C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in

City of Richmond Office of Neighborhood Safety
BSCC844-22

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
Rev 04/2020
recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.

C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. PROJECT BUDGET

BSCC Budget Line Item A.

Grant Funds
B.

Match
C.

Total (A+B)

1. Salaries and Benefits $0 $3,000,000 $3,000,000

2. Services and Supplies $2,280,000 $0 $2,280,000

3. Health and Wellness $0 $0 $0

4. Professional Services or Public
Agency Subcontracts $120,000 $0 $120,000

5. Non-Governmental Organization
(NGO) Subcontracts $3,150,000 $3,000,000 $6,150,000

6. Equipment/Fixed Assets $0 $0 $0

7. Project Evaluation $300,000 $0 $300,000

8. Financial Audit $25,000 $0 $25,000

9. Other (Travel, Training, etc.) $125,000 $0 $125,000

10. Indirect Costs $0 $0 $0
TOTALS $6,000,000 $6,000,000 $12,000,000

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variat ion of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have informat ion related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in t he performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With r espect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017
are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective

City of Richmond Office of Neighborhood Safety
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a ) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or w ithin such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
Rev 04/2020
percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall b e subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement wi th a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omiss ions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the CalVIP RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Ag reement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant -funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, December 31, 2025. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000
C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

City of Richmond Office of Neighborhood Safety
BSCC 844-22

EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Attachment E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal.

8. TERMINATION

A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: CalVIP Request for Proposals Request for Proposals and Attachment 2: CalVIP Proposal, or approved modifications;
3) failure to provide the required local match share of the total project costs; and 4) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 8. Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days

City of Richmond Office of Neighborhood Safety
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS
Rev 04/2020
after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decis ion is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. I f the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in cour t, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, fo r any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.

10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

California Violence Intervention and Prevention
(CalVIP) Grant Proposal
CalVIP Proposal Cover Sheet
Submitted by:

City of Richmond Office of Neighborhood Safety
Grant Dollars Requested:
$6,000,000
Date Submitted:

February 10, 2022

CalVIP Applicant Information Form | Page 1 of 2
CalVIP Applicant Information Form

A. APPLICANT: B. TAX IDENTIFICATION NUMBER:

NAME OF APPLICANT TAX IDENTIFICATION #

STREET ADDRESS CITY STATE ZIP CODE

MAILING ADDRESS (if different) CITY STATE ZIP CODE

APPLICANT TYPE: ☐ COMMUNITY-BASED ORGANIZATION (CBO) ☐ CITY C. CBO APPLICANTS ONLY –
LOCATION OF RESIDENTS RECEIVING SERVICES (MUST BE CITY OR CITIES LISTED IN TABLE 1):

D. CBO APPLICANTS ONLY – LIST ANY APPLICATIONS WHERE YOU ARE NAMED AS A SUB-RECIPIENT

E. PROJECT TITLE:

F. STRATEGY TO BE IMPLEMENTED:

G. PROJECT SUMMARY (100-150 words):

G. KEY PARTNER AGENCIES
(if applicable):

Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
Name: Letter of Commitment: ☐
H. TYPE OF PROJECT: ☐ NEW ☐ ENHANCEMENT ☐ EXPANSION I. GRANT FUNDS REQUESTED: $ J. MATCH FUNDS: $
K. CITY APPLICANTS ONLY – PASS-THROUGH AMOUNT: $ % L. PROJECT DIRECTOR:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS

M. FINANCIAL OFFICER:

NAME TITLE TELEPHONE NUMBER (direct line)

STREET ADDRESS CITY

STATE ZIP CODE EMAIL ADDRESS

City of Richmond, Office of Neighborhood Safety
94-6000403
440 Civic Center Plaza
Richmond
CA
94804
X
Violence prevention and intervention
RYSE Center
X
Richmond Police Activities League
Safe Return Project
Evident Change
X
X
X
X
Sam Vaughn
ONS Program Manager
440 Civic Center Plaza
Richmond
CA
94804
[email protected]
MyNesha Guerrero
Neighborhood Change Agent
510-620-5422
440 Civic Center Plaza
Richmond
CA
94804
[email protected]
510-620-5404
Beloved Community – Expanded Next Level Collaborative
6,000,000
6,000,000
3,150,000

52.5 The Beloved Community: Expanded Next Level Collaborative will serve a total of 510 individuals in Richmond and West Contra Costa County who are currently involved or at risk of involvement in violent crime. Project partners Office of Neighborhood Safety, RYSE Youth Center, Richmond Police Activities League, and Safe Return Project will provide a menu of evidence- based interventions including street outreach, mentoring, case management, cognitive behavioral therapy, life skills training, stipends, structured activities, and employment training. Evident Change will provide in-depth evaluation of the program.

Literacy for Every Adult Program
X

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative

1.Description of Community Need

1.1.Target Area Needs that Contribute to Disproportionate Impact of Violence The incidence of violent crimes in West Contra Costa County have remained high in comparison to other communities, despite violence reduction activities supported by previous rounds of CalVIP funding that have contributed to decreases in homicide rates and Part I crime in the region. The rate of violent crime in Richmond, the largest city in the county, in2019 was 931 per 100,000, in comparisonto the national average of 400 and the state of California average of 440 for that same year. These crimes include robbery and aggravated assault, which frequently involve the use of firearms. A high level of gun violence is an ongoing challenge in Richmond. Violence in the City of Richmond is driven by multiple, interconnected factors that include high levels of poverty, a history of local gang activity, and racial disparities. According to the U.S.

Census, Richmond’s residents are disproportionately Hispanic/Latinx (41%) and Black/African American (20%) compared to the county as a whole (26% and 9%, respectively) with a smaller White population (18% compared to 43%). Richmond is the third most densely populated community in Contra Costa County. The city’s poverty rate is 14%, compared to the county rate of 9%, and in 2019 its median household income was $68,472, compared to $107,135 for the county.

Historically, nearly all shootings in Richmond involved Black individuals. In recent years, shootings have involved increasing numbers of individuals who are Latinx. In 2020, there were 89 shootings that led to injury or death: 10 shootings, including four homicides, related to West Contra Costa’s unhoused population. The county’s 2020 Point In Time count found that 2,277 individuals are unhoused. In 2021, 30% of the 73 shootings that led to injury or death involved Latinx individuals. Community members who are engaged by street outreach workers report a growing need to provide violence prevention services to female-identified individuals.

Residents of Richmond and West Contra Costa County experience disparate rates of violence, trauma, and stress compared to residents of more affluent areas.

These disparities occur across correlated health indicators of: intentional injury, lethal violence, and homicide; poverty, substance use, contact with child welfare, law enforcement, and juvenile justice; and suspension, expulsion, and dropout from school 1

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative (Evident Change). Violently injured youth face increased risk of future victimization, and their physical, social, and emotional distress carries from adolescence into adulthood. In 2019, the Safe Return Project conducted a survey of over 100 youth and young adults in West Contra Costa. This survey found that almost every young person surveyed had lost a friend or family member to gun violence. Respondents identified therapy and mentorship as priorities for needed services. More than 75% of respondents were not employed, and 55% had not received any services to help transition back to school after incarceration. The table provides information on the rate of violent crime in the target community of Richmond (FBI Uniform Crime Report 2019, City of Richmond 2020-21).

Table 1: Violent Crimes in the City of Richmond
Type of Crime 2019 2020 2021
Homicide 16 22 16
Rape 36 93 60
Robbery (all types) 307 255 156
Aggravated Assault 675 396 272
Violent Crimes Subtotal1,034 766 504
Violent Crimes per 100,000 Population931 658 452
The City of Richmond has had a persistently high level of shooting calls for service and shots detected by the ShotSpotter gunshot detection system (Richmond Police Department). In 2020, there were 291 ShotSpotter Reports and 1,817 shooting calls for service (a 52% increase over the following year). In 2021, there were 266 ShotSpotter Reports and 1,582 shooting calls for service. The target population–young people in the 14-35 age range–faces a critical lack of connection and access to resources necessary to survive and thrive. They are disconnected from a wide array of necessary resources, including housing, health care, mental health care, substance use treatment, education, and job training.

1.2Target Area and/or Target Population
The proposedBeloved Community-Expanded Next LevelCollaborative (BC-ENLC)will expand its successful approach of buildingrelationships of support and 2

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative referral with mentors to serve a total of 535high-risk individuals in the City of Richmond, the neighboring cities of El Cerrito and San Pablo, and in Unincorporated North Richmond. Specific services will be provided to meet the needs of individuals who are Latinx, female-identified, or unhoused. The project will rely on Neighborhood Change Agents (NCAs) to identify the target population of young adults aged 14-35. NCAs serve as street outreach workers who are deeply connected to the neighborhoods in which they work and have worked to establish trusting relationships with community members.

NCAs obtain extensive information from their community networks about the individuals at highest risk of perpetrating violence or being victimized by violence.

As described in Section 1.1, the target area of West Contra Costa County continues to experience significantly higher levels of violent crime and gun violence in comparison to other regions of the state. The target population has been selected based upon research showing that a relatively small number of individuals in a given community are responsible for a disproportionate amount of the violent crime that occurs there. By focusing on this particular group, the BC-ENLC seeks to have the greatest possible impact. The proposed project will provide culturally responsive, gender-specific services to ensure that members of historically marginalized populations do not face additional trauma from microaggressions while on the path to stability.

2.Project Description

2.1Proposed Evidence-Based Violence Reduction Strategy
The BC-ENLCwill serve a total of 535 individualsin West Contra Costa County who are either at risk of involvement in criminal violence or are already involved in violence. Participants will enter the program through the work of two key project partners: lead agency Office of Neighborhood Safety (ONS) and the RYSE Center, both located in the City of Richmond. ONS will identify participants through street outreach conducted by NCAs, and conduct an intake and assessment. The RYSE Center partners with John Muir, Highland, and Children’s hospitals, along with the County Probation Department, for participant referrals, and also receives community-based referrals for victims of violence who haven’t been admitted to hospitals for services.

RYSE will conduct an intake and assessment for the participants it identifies.

Following referral and assessment, participants will be matched with one of three 3

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative evidence-based violence reduction programs that best meets their needs: ONS’ Operation Peacemaker Fellows; ONS’ Street Outreach; and RYSE Center’s Restorative Pathways Project (R2P2). Services to support participants’ needs and address the interconnected factors that contribute to violence will be provided by project partners including Richmond Police Activities League (RPAL) and The Safe Return Project. A total of 375 participants will enter the program through ONS. An additional 160 participants will enter R2P2 through the RYSE Center, which provides intensive case management and mentoring for youth and young adults admitted to local hospitals for crime-related injuries (gunshot, stabbings, assaults/beatings) and the Youth Justice Initiative, which offers transition services for youth, and school district referrals.

Participants in the program will receive services in one of the following three groups, based upon their point of entry into the program and the particular needs they exhibit:

Group 1: ONS-Operation Peacemaker Fellows—175 fellows (2 cohorts of 70 for 18 months, 1 cohort of 35 for 18 months)
The Fellowship was designed more than 10 years ago for young men who have been identified as most likely to be involved in gun violence in Richmond; now, ONS proposes to expand on the successful model to provide gender-specific services to participants who are female-identified. The individuals identified for this program are deeply immersed in Richmond’s street life and are difficult to reach through traditional approaches. They are significantly underserved due to a lack of community-based and culturally responsive organizations that have the capacity to support them. They have been selected for participation based upon data that shows that a very small number of young people (30 or less) are responsible for 70% of Richmond’s gun violence.

ONS will expand its staff capacity by hiring an additional eight new NCAs and and two administrative staff, following a rigorous recruitment process to ensure candidates have the particular experience and skills necessary for these positions.

Fellowship participants will receive the most intensive services, as nearly all are currently involved in violent criminal activity and are at greatest risk of involvement in further violent crime. ONS uses a strengths-based positive youth development framework, emphasizing authentic relationship building while respecting young people as equal participants in the work and as drivers of their own progress. The Fellows will 4

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative participate in a series of evidence-informed practices that include the following: street outreach (ONS); individual and group mentoring (ONS); support groups for young Latinx men (Safe Return); Sister Circles for female-identified participants (Safe Return); case management (ONS); individual and group Cognitive Behavioral Therapy (CBT) (RYSE); life skills training (ONS); stipends (ONS); structured activities (ONS); employment training and support (subcontracted through RPAL); and literacy services (LEAP). All Fellows will participate in informal tiered peer-to-peer mentoring to strengthen connections between participants, increase self-esteem and confidence, and provide and receive support achieving their goals.

Group 2: ONS-Street Outreach Participants—200 participants over 36 months As part of the process of street outreach, ONS staff will recruit a second group of participants who face lack of access to resources, particularly those who are unhoused, but who are at lower risk of involvement in gun violence and will receive a proportionate level of services. This group will be served with an emphasis on relationship building, cultural competence, and positive youth development. Evidence-informed practices provided to this group will include: street outreach (ONS); individual and group mentoring (ONS, RPAL); individual and group CBT (RYSE); support groups for young Latinx men (Safe Return); Sister Circles for female-identified participants (Safe Return); life skills training (ONS, RPAL); community service (RPAL); structured activities (RPAL); employment training and support (subcontracted through RPAL); gender-specific leadership building (Safe Return Project); and literacy services (LEAP).

Group 3: RYSE Center - RYSE Restorative Pathways Project (R2P2) and Contra Costa Probation Referrals—160 participants over 36 months The RYSE Center will collaborate closely with local hospitals, law enforcement, and the County Probation Department to provide services to referred youth who have been victims of violent crime, or involved in the criminal justice system. RYSE operates with an intensive relationship-based approach, seeking to engage with young people personally and build upon their strengths. RYSE will provide evidence-informed services to this group including: Hospital-Based Violence Intervention; individual and group mentoring; case management; individual and group clinical and non-clinical mental health supports, including Trauma Focused CBT; media and arts activities; education 5

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative and career preparation; and leadership and community organizing. The RYSE Center will support quarterly (and as needed) Trauma Stewardship and Vicarious Trauma Care for service providers and informal neighborhood leaders to support those who are experiencing secondary trauma from serving young people traumatized by violence.

These events will be focused on creating a network of support for community-based first responders to violence who may or may not have a formal role related to addressing youth violence. They will be open to any interested participants and will provide both material and emotional assistance to mitigate the impacts of secondary trauma.

The proposed multi-pronged strategy is focused on addressing the most critical needs of those involved in gun violence in Richmond and West Contra Costa County, by reaching out to individuals to provide caring relationships and access to services that can address the underlying causes of violence. These causes may include unresolved trauma, mental health challenges, addiction, family fragmentation, homelessness, educational deficits, and lack of income. Evidence for effectiveness is described below.

Street Outreachemploys staff who are culturally appropriateto the community they serve, and who work proactively to prevent violent conflict and retaliation. Staff engage individuals at the greatest risk to be perpetrators or victims of gun violence and link them with resources such as education and job training (Webster, D.W. et al.).

Mentoringsupports the healthy development of youthby addressing their need for positive adult interaction and role modeling (Tierney, Joseph P. et al.).Cognitive Behavioral Therapyhelps individuals overcome emotionaldistress and trauma by teaching skills to enhance self-control and reduce violence (Lipsey, M.W. et al.).

Hospital-Based Violence Interventioninvolves theprovision of culturally competent services to individuals receiving hospital care as victims of violence. Services include pre-admission and post-discharge crisis intervention, case management, and trauma-informed therapy (Cohen, Judith A. et al.).Life Skills Trainingreduces drug and alcohol use among young adolescents by promoting anti-drug values and self-management. Five published studies show that it reduces drug use by up to 75% and interpersonal violence by up to 50% (Botvin, G.J. et al.).Case Managementis a client-centered, goal-oriented process of assessing an individual’s need for particular services and collaborating with service providers in the community to help individuals 6

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative obtain those services. Individuals at risk for involvement in violence have complex and interrelated needs, making this approach especially effective (University of California, Los Angeles).Subsidized Employmentis employmentfor which the participant’s employer is wholly or partially reimbursed for wages. These programs provide work experience, training in soft skills and business skills, and self-esteem. Studies with a reentry population have shown significant reductions in recidivism for individuals participating in transitional employment opportunities (U.S. Department of Health and Human Services).Healing Circleshave been demonstratedto be a successful approach to helping communities heal from trauma, by bringing people together to acknowledge what has happened, offer non-judgmental acceptance, affirm their traditions, and develop shared support (Haggins et al.).

The BC-ENLC goal is to engage program participants in activities that deter them from involvement in violent crime, thereby eliminating the need for incarceration as a strategy for violence reduction. The proposed project aims to help halt the cycle of trauma and barriers to stability and self-sufficiency caused by incarceration.

2.2Project Participants
ONS has a more than 12-year history of building trust in the communities that it serves, established through the continuous daily presence of NCAs and Peacemakers and the active outreach of partners RPAL, RYSE, and Safe Return Project. This trust- and relationship-building has facilitated extensive access to the target population, most commonly individuals who have minimal contact with other kinds of supportive services.

NCAs are street outreach workers who are actively involved in the community on a daily basis and have a deep knowledge of the individuals most involved in violent activity through their community networks. NCAs engage with community members on social media, sustaining relationships that persist long after the participant has successfully exited the program. Law enforcement partners, and others, also identify high-risk individuals. Referral to the ONS Fellowship takes place through street outreach, law enforcement and health systems, and community referrals through RYSE Youth Center.

Identification of participants for ONS Street Outreach takes place through direct outreach by NCAs. RYSE Center’s R2P2 receives referrals from local hospitals, law enforcement, and the County Probation Department.
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California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative ONS and RYSE have worked to develop programs that prioritize relationship building to ensure sustained engagement, and address the range of services needed by each participant. Participants in the Peacemaker Fellows program complete a LifeMap assessment every six months to identify critical needs, and meet multiple times per week with their NCA mentors to discuss their goals and the next steps required to achieve them. Because participants are involved in defining their own goals, rather than having these imposed by others, they build internal motivation for participation in the program, which creates a greater likelihood of sustained engagement.

Services received by participants are determined collaboratively through the relationship of participants with program staff. NCAs work with Fellows to collaboratively develop life goals and an action plan, which are documented in the form of a LifeMap.

This process includes the assessment of needs and risks to determine what kind of services and activities will be most effective in reducing the likelihood of involvement in violence. The Hospital-Based Violence Intervention program operated by RYSE incorporates a clinical assessment to determine the most appropriate trauma-informed treatment strategy.

2.3Project Work Plan
See attached.

3.Organizational Capacity and Coordination

3.1Experience, Staffing, Support, and Partnerships Lead Agency will Use The lead agency, theCity of Richmond Office of NeighborhoodSafety (ONS), has served the City for more than 12 years. ONS will provide administrative and fiscal oversight for the project, along with street outreach, mentoring, and case management.

Current ONS staff include a Program Administrator, Program Manager, and four full-time NCAs. For the proposed project, ONS will leverage long-standing relationships with partner organizations who have a successful history serving the target population.

The RYSE Centerwas established in 2008 out of a youthorganizing movement, initiated in response to a series of homicides near Richmond High School. RYSE's mission is to create safe spaces grounded in social justice that build youth power for young people to love, learn, educate, heal, and transform lives and communities. Since opening, RYSE has served as a critical responder to acute incidents of violence and 8

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative trauma. RYSE will deliver individual and group mentoring, Cognitive Behavioral Therapy, media and arts activities, and education and career preparation. The Richmond Police Activities League (RPAL), a community-basedorganization formed in 1982 to provide a positive alternative to the streets for youth between 5 and 18 years of age, will provide mentoring, life skills training, anger management, community service placements, service-learning, and recreational activities. RPAL will refer participants to Richmond Employment & Training, whose programs include a continuum of education and training opportunities that support a skilled workforce, education and workshop training for youth, and direct services to local businesses.The Safe Return Projectis a non-profit organization run by formerly incarcerated, justice impacted, and other community members organizing to end mass incarceration and racial disparities. Safe Return re-enfranchises community members who have been disenfranchised due to criminalization, and accomplishes this goal through community organizing, participatory action research, policy advocacy and systems change. ONS will contract withLiteracy for Every Adult Program,a free program sponsoredby the Richmond Public Library that helps adults develop the skills and confidence they need to achieve their individual goals, to provide participants with literacy skills training.

3.2Enhancing Coordination of Existing Violence Prevention ONS and its partners have a long history of offering violence prevention and intervention services in the target communities, and actively coordinate their delivery of services with one another and with other programs to minimize duplication and address the various interrelated factors that contribute to violence. Partners’ consistent, ongoing relationships are essential to delivering a coordinated array of services, and regularly communicating to share information about participant needs and referring participants for services. At monthly meetings, partners discuss program implementation, monitoring and evaluation of data on program outcomes, and collaborative problem solving.

Accurate data tracking is vital to support coordination. ONS maintains a database to track all engagements with participants, including length of the interaction, achievements/goals met, conflicts mediated, and other relevant details. RPAL uses sign-in sheets to track participation, and Safe Return tracks data through sign-in sheets, weekly points of contact, quarterly assessments, and service referral handoffs. 9

California Violence Intervention and Prevention (CalVIP) Grant City of Richmond Office of Neighborhood Safety | Application Narrative

3.3Plan for Training and Supporting Staff and/or Subcontractors The program activities will be delivered by existing ONS, RYSE, RPAL, and LEAP staff, who have extensive experience delivering the proposed services to the project’s target population. Staff for all programs have been hired because they reflect the community they serve, and are effective at relating to youth and young adults in that community. ONS will hire an additional eight NCAs and two administrative staff to support the Fellowship and Street Outreach programs. ONS will conduct a rigorous recruitment and hiring process to ensure NCA candidates have the specific skills and experience needed to work with individuals at high risk of gun violence who belong to Black, Latinx, female-identified, LGBTQ, and unhoused communities. ONS staff will provide these new NCAs with several months of evidence-based, culturally responsive training. RYSE Youth Center will provide a series of training sessions on implementing a trauma-informed and healing-centered system of care throughout the project period.

3.4Cultural Competence of Staff and Contractors
Staff in the partner organizations reflect and come from the diverse experiences of young people in the community: two-thirds of staff at ONS are formerly system-involved, and more than a third of staff at the RYSE Center are individuals who were previous participants in RYSE programs. Staff in each of the partner organizations also have experience and training in cultural competency, and place a high value on diversity. These staff have been actively involved in the development of the project design and will share in implementation.

3.5Plan for Involvement of Individuals Impacted by Violence Project partners are committed to centering individuals impacted by violence in this work, and often have shared life experiences with participants. Safe Return was founded, and is currently led, by formerly incarcerated, justice impacted individuals.

ONS, RYSE, RPAL, and Safe Return are all led by people of color who have lived experience belonging to structurally marginalized and targeted communities. ONS’ Fellowship was designed by participants to reflect their specific needs as individuals impacted by violence, and R2P2 exclusively works with young people who have been victims of shooting. During intake and assessment, ONS and RYSE warmly support participants to identify their own goals, which inform their individualized service delivery. 10