Agenda, special meeting — Richmond City Council, January 17, 2023 (part 1 of 4)

MEETING(S) ARE VIRTUAL

AMENDED AGENDA

SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY

REGULAR RICHMOND CITY COUNCIL

Tuesday, January 17, 2023, 4:00 p.m.

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

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Councilmember District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner

Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx

CORONAVIRUS DISEASE (COVID-19) ADVISORY

PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.

How to watch the meeting from home:

KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.

Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.

Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.

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

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

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

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

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

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

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 993 1220 5643
International numbers available: https://zoom.us/u/aehrwCgISx 1-17-23, CC Mtg.

Page 2 of 476 ends

To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

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

**The mayor will announce the agenda item number and open public comment when appropriate.

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

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

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

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

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

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

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

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible 1-17-23, CC Mtg.

Page 3 of 476 ends

and resolved in favor of accessibility.

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

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

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

Pages
1-17-23, CC Mtg.

Page 4 of 476 ends

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

B. ROLL CALL
C. CLOSED SESSION
.

C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’ COMPENSATION CLAIM (Pursuant to Government Code Section 54956.95)
• Claimant: Employee - Police Department
Claims: 21000016COR
Agency Claimed Against: City of Richmond
• Claimant: Employee - Police Department
Claims: 20000073COR, 20000110COR
Agency Claimed Against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven v. City of Richmond•
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Three cases:•
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching three letters to this agenda. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
1-17-23, CC Mtg.

Page 5 of 476 ends

C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items under the Closed Session Agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 1-17-23, CC Mtg.

Page 6 of 476 ends

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

G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. HOUSING AUTHORITY OPEN FORUM
L. HOUSING AUTHORITY CONSENT CALENDAR
L.1 Continued use of teleconference technology 11
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

L.2 Housing Authority Minutes 15
APPROVE the minutes of the December 6, 2022, Special Joint Meeting of the Richmond Housing Authority/Richmond City Council - City Clerk's Office (Pamela Christian 510-620-6513).

M. ADJOURNMENT
_______________________________________________________ 1-17-23, CC Mtg.

Page 7 of 476 ends

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

O. ROLL CALL
P. STATEMENT OF CONFLICT OF INTEREST
Q. ELECTION OF THE NEW VICE MAYOR FOR 2023
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) U. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
V. OPEN FORUM FOR PUBLIC COMMENT
W. CITY COUNCIL CONSENT CALENDAR
W.1 City Clerk's Office
W.1.a Continued Use of Teleconferencing 18
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 – City Clerk’s Office (Pamela Christian 510-620-6513).

W.1.b City Council Meeting Minutes 22
APPROVE the minutes of the December 6, 2022, Special Joint Meeting of the Richmond Housing Authority/Richmond City Council and Regular Meeting of the Richmond City Council - City Clerk's Office (Pamela Christian 510-620-6513).

W.2 City Manager's Office
W.2.a Amendment to contract with Colantuono, Highsmith, & Whatley, PC for legal representation related to PG&E’s Franchise Agreements with the City
35 APPROVE a fifth amendment to the contract with Colantuono, Highsmith, & Whatley, PC for legal representation, to increase contract payment limit by $50,000, for a new total contract amount not to exceed $334,000, while maintaining the term expiration date of June 30, 2023 – City Manager’s Office (Shasa Curl/Shannon Moore 510-620-6505).
1-17-23, CC Mtg.

Page 8 of 476 ends

W.3 Community Development
W.3.a Amendment to Emergency Security Services Contract with Ascend Professional Services, LLC for the Castro Encampment
72 APPROVE a first amendment to the contract with Ascend Professional Services, LLC., in the amount of $175,000, for a total contract amount not to exceed $375,000, to provide security guard services, for up to three guards, 24 hours a day, seven days a week, with an extended contract term through March 31, 2023 – Community Development Department (Lina Velasco/Jesus M. Morales 510-620- 6706).

W.4 Finance Department
W.4.a Contract for Cost Allocation Plan 125
APPROVE a contract in the amount of $17,290 with Matrix Consulting Group to develop a Cost Allocation Plan to direct staff from the Finance Department and Richmond Rent Program to prepare the Full Cost Allocation Plans that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l), for a term beginning January 18, 2023 through January 17, 2025 – Finance Department (Shasa Curl/Nicolas Traylor/Mubeen Qader 510-412-2077).

W.4.b Compliance with Developer Fees Reporting Requirements of Sections 66006 and 66001 of the Government Code
176
RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of the Government Code – Finance Department (Mubeen Qader 510-412-2077/Vrenesia Ward 510-621- 1211).

W.4.c Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of November 2022
181
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of November 2022 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

W.5 Fire Department
W.5.a Amendments to Richmond Municipal Code Article VIII Chapter 8.16 196 ADOPT an ordinance (second reading) with an effective date of January 1, 2023, amending Richmond Municipal Code (RMC) Article VIII (Fire) Chapter 8.16 (Fire Prevention Code) by adopting the 2022 California Fire Code with noted local amendments – Fire Department (Eric Munson 510-307-8144).
1-17-23, CC Mtg.

Page 9 of 476 ends

W.6 Human Resources
W.6.a Resolutions amending staffing (position control) for the Office of the Mayor/Police Department and amending the salary schedule retroactive to October 4, 2022
428
ADOPT resolutions amending staffing (position control) for the Office of the Mayor and Police Department and amending the salary schedule for the Communications Dispatcher II (Per Diem), Communications Dispatcher III, Communications Shift Supervisor, and Director of Public Works classifications; and APPROPRIATE associated salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620- 6602).

W.7 Public Works
W.7.a Emergency Justification Repair Purchase Order for Heating, Ventilation, and Air Conditioning (HVAC) Duct System Replacement at the Developing Personal Resource Center (DPRC)
437
APPROVE an Emergency Justification purchase order in an amount not to exceed $60,259, for Bay City Mechanical Service, LLC. to install a new Heating, Ventilation, and Air Conditioning (HVAC) duct system for the Developing Personal Resource Center (DPRC) located at 1900 Barrett Avenue – Public Works Department (Daniel Chavarria 510-620-5478/Yader A. Bermudez 510-774-6300)
X. BUDGET SESSION
X.1 Budget Presentation 446
RECEIVE budget presentations from the city manager and the Public Works department – Public Works Department (Shasa Curl 510-620-6512/Mubeen Qader 510-412-2077/Daniel Chavarria 510-620-5478).

Y. NEW BUSINESS
Y.1 City of Richmond Emergency Operations Center (EOC) Status 471 RECEIVE a presentation from the City of Richmond Emergency Operations Center (EOC) regarding the status of the Emergency Operations Center as of January 11, 2023 – Fire Department (Angel Montoya 510-307-8041).

Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
AA. ADJOURNMENT
________________________
1-17-23, CC Mtg.

Page 10 of 476 ends

Page 1 of 2 ends

January 17, 2023

City Clerk's Office

DATE: January 17, 2023
TO: Mayor Butt and Members of the City Council
FROM:

Pamela Christian, City Clerk
Subject:

Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.

PREVIOUS COUNCIL
ACTION:

December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, June 21, 2022, July 19, 2022, August 19, 2022, September 19, 2022, October
18, 2022, November 15, 2022, December 20, 2022

STATEMENT OF THE
ISSUE:

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

RECOMMENDED ACTION:

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

AGENDA
REPORT

Page 11 of 476 ends

Page 2 of 2 ends

January 17, 2023
DISCUSSION:

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

On September 16, 2021, the Governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.

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

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

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

DOCUMENTS ATTACHED:

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

Page 12 of 476 ends

Reso. No. -23

Page 1 of 2 ends

RESOLUTION NO. -23

RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS

REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS

OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361

WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and

WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and

WHEREAS, , the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and

WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and

WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

NOW, THEREFORE, BE IT RESOLVED, That the Commissioners of the Housing Authority of the City of Richmond finds as follows:

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

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

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

BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and

BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;

BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.

Page 13 of 476 ends

Reso. No. -23

Page 2 of 2 ends

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

I certify that the foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a regular meeting thereof held, on January 17, 2023, by the following vote:

AYES: .

NOES:

ABSTENTIONS:

ABSENT:

Chairperson
(SEAL)
Approved:

Secretary

Approved as to form:

City Attorney

Page 14 of 476 ends

RHA06Dec2022 – sl/prc

Page 1 of 3 ends

RICHMOND, CALIFORNIA, December 6, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
__________________________________________________________________ F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING

AUTHORITY/RICHMOND CITY COUNCIL
The Special Joint Meeting of the Richmond Housing Authority/Richmond City Council was called to order at 6:33 p.m. by Chairperson/Mayor Thomas K. Butt via teleconference.

G. ROLL CALL

Present: Commissioners/Councilmembers Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chairperson/Vice Mayor Eduardo Martinez, Chairperson/Mayor Thomas K. Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Absent:

Commissioner/Councilmember Claudia Jimenez was absent for the entire meeting.

Commissioner/Councilmember Nathaniel Bates arrived after the roll was called.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Richmond Housing Authority (RHA) Executive Director Nannette Beacham reported the following updates regarding the Hacienda Heights senior apartments: the Housing Authority of Contra Costa County initiated leasing applications; the building was issued a temporary certificate of occupancy; the RHA commenced inspections in November through December 2022; and residents were scheduled to move in the week of December 5, 2022. Ms. Beacham also reported that EAH Housing and the RHA were in the final stages of closing for the sale of Nevin Plaza Apartments for the rehabilitation of 138 units.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
There were no public comments via teleconference.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner/Councilmember McLaughlin
Seconded by Commissioner/Councilmember Johnson III
To approve all items on the Housing Authority Consent Calendar.

Page 15 of 476 ends

RHA06Dec2022 – sl/prc

Page 2 of 3 ends

M.1 Third Contract Amendment with David Paul Rosen & Associates ADOPT a resolution approving a third contract amendment with David Paul Rosen & Associates to assist the Richmond Housing Authority in asset repositioning efforts of the public housing portfolio, in an amount of $366,000, for a new total not-to-exceed amount of $1,003,740, with a term ending June 30, 2024 – Richmond Housing Authority (Nannette Beacham 510-621-1300).

Adopted Resolution No. 2172
M.2 Housing Authority Meeting Minutes
APPROVE the minutes of the Richmond Housing Authority November 15, 2022, special meeting - City Clerk's Office (Pamela Christian 510-620-6513).

M.3 Rental Assistance Demonstration (RAD) Program Application for Richmond Village
ADOPT a resolution authorizing the Richmond Housing Authority (RHA) to submit a Rental Assistance Demonstration (RAD) application and any Section 18 Disposition application elements required to support blending RAD and Section 18 Disposition programs to U.S. Department of Housing and Urban Development (HUD) for Richmond Village - Richmond Housing Authority (Nannette J.

Beacham 510-621-1300).

Adopted Resolution No. 2173
N. JOINT HOUSING AUTHORITY/RICHMOND CITY COUNCIL NEW BUSINESS N.1 Residual Receipts Loan to Assist in Financing the Rehabilitation of Nevin Plaza Subject
ADOPT a joint resolution authorizing the use of $1.75 million of American Rescue Plan Act (ARPA) funds and $1.75 million of Affordable Housing In Lieu Fee Funds to provide a residual receipts loan to Nevin Plaza I, L.P. to assist in financing the rehabilitation of Nevin Plaza; and AUTHORIZE the city manager or designee and Richmond Housing Authority (RHA) Executive Director to negotiate and execute loan documents – City Manager’s Office/Richmond Housing Authority (Shasa Curl 510-620-6512/Nannette J. Beacham 510-621-1300).

Richmond Housing Authority Executive Director Nannette Beacham presented and PowerPoint that highlighted the following: public benefits; funding gap; capitalized operating reserve; cost savings and proposed scope changes; options to cover the funding gap; and project timeline. Consultant Nora Lake-Brown of David Paul Rosen & Associates provided an update on negotiations and funding.

EAH Chief Real Estate Development Officer Welton Jordon provided information concerning air conditioning and interior finishes. Discussion ensued.

Mark Wassberg and Wayne Koide gave comments via teleconference. Further discussion ensued.

Motion by Commissioner/Councilmember McLaughlin
Seconded by Commissioner/Councilmember Johnson III
To approve the item and continue the application with the county to offer other amenities or potentially pay the city back from the funds it fronted.

Ayes (5): Commissioners/Councilmembers Johnson III, McLaughlin, Willis, Vice Chairperson/Vice Mayor Martinez, and Housing Authority Tenant Commissioner Scott

Page 16 of 476 ends

RHA06Dec2022 – sl/prc

Page 3 of 3 ends

Noes (2): Commissioner/Councilmember Bates and Chairperson/Mayor Butt Absent (1): Commissioner/Councilmember Jimenez
Passed (5 to 3)
Adopted Housing Authority Resolution No. 2174 and City Council Resolution No. 169-22
O. ADJOURNMENT
There being no further business, the meeting adjourned at 7:08 p.m.

Clerk of the City of Richmond Chairperson/Mayor

Page 17 of 476 ends

Page 1 of 2 ends

January 17, 2023

City Clerk's Office

DATE: January 17, 2023
TO: Mayor Butt and Members of the City Council
FROM:

Pamela Christian, City Clerk
Subject:

Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

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

RECOMMENDED ACTION:

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

AGENDA
REPORT

Page 18 of 476 ends

Page 2 of 2 ends

January 17, 2023
DISCUSSION:

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

DOCUMENTS ATTACHED:

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

Page 19 of 476 ends

Reso. No.

Page 1 of 2 ends

RESOLUTION NO. -23

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

MAKING FINDINGS REQUIRING THE CONTINUED USE OF

TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361

WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and

WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and

WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.

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

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

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

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

BE IT FURTHER RESOLVED, That all City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;

BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.

Page 20 of 476 ends

Reso. No.

Page 2 of 2 ends

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

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held, 2023, by the following vote:

AYES: .

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

THOMAS K. BUTT
Mayor

Approved as to form:

DAVE ALESHIRE
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. -23, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on, 2023.

Pamela Christian, Clerk of the City of Richmond

Page 21 of 476 ends

cc06Dec2022 – sl/prc

Page 1 of 13 ends

RICHMOND, CALIFORNIA, December 6, 2022

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:34 p.m. by Mayor Thomas K. Butt via teleconference.

B. ROLL CALL

Present: Councilmembers Nathaniel Bates, Demnlus Johnson III, Gayle McLaughlin, Vice Mayor Eduardo Martinez, and Mayor Thomas K. Butt. Absent: Councilmember Claudia Jimenez was absent for the entire meeting. Councilmember Melvin Willis arrived after the roll was called.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’
COMPENSATION CLAIM (Pursuant to Government Code § 54956.95)  Claimant: Employee - Fire Department Claim: 16000077COR Agency Claimed Against: City of Richmond
 Claimant: Employee - Police Department Claim: 15000133COR Agency Claimed Against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIM:
(Pursuant to Government Code 54956.95
 Claimant: Ofelia Gutierrez
Agency Claimed Against: City Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 Two Cases
C.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Hakeem Abbas v. City of Richmond
C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

Page 22 of 476 ends

cc06Dec2022 – sl/prc

Page 2 of 13 ends

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.6 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiations: Price and Terms of Payment
 Property: Terminal One
Agency negotiators: Lina Velasco and Dave Aleshire
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION (public comments limited to Closed Session items only)
There were no public comments via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:36 p.m. Closed Session adjourned at 6:32 p.m.

F. SPECIAL JOINT MEETING OF THE RICHMOND HOUSING

G. ROLL CALL

Commissioner/Councilmember Claudia Jimenez was absent for the entire meeting.

Commissioner/Councilmember Nathaniel Bates arrived after the roll was called.

H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.

I. STATEMENT OF CONFLICT OF INTEREST
None.

K. AGENDA REVIEW
None.

Page 23 of 476 ends

cc06Dec2022 – sl/prc

Page 3 of 13 ends

L. HOUSING AUTHORITY OPEN FORUM
There were no public comments via teleconference.

Ayes (6): Commissioners/Councilmembers Bates, Johnson III, McLaughlin, Willis, Vice Chairperson/Vice Mayor Martinez, and Chairperson/Mayor Butt Absent (2): Commissioner/Councilmember Jimenez and Housing Authority Tenant Commissioner Scott
Passed (6 to 2)
M.1 Third Contract Amendment with David Paul Rosen & Associates ADOPT a resolution approving a third contract amendment with David Paul Rosen & Associates to assist the Richmond Housing Authority in asset repositioning efforts of the public housing portfolio, in an amount of $366,000, for a new total not-to-exceed amount of $1,003,740, with a term ending June 30, 2024 – Richmond Housing Authority (Nannette Beacham 510-621-1300).

Beacham 510-621-1300).

Page 24 of 476 ends

cc06Dec2022 – sl/prc

Page 4 of 13 ends

cover the funding gap; and project timeline. Consultant Nora Lake-Brown of David Paul Rosen & Associates provided an update on negotiations and funding.

EAH Chief Real Estate Development Officer Welton Jordon provided information concerning air conditioning and interior finishes. Discussion ensued.

Mark Wassberg and Wayne Koide gave comments via teleconference. Further discussion ensued.

Ayes (5): Commissioners/Councilmembers Johnson III, McLaughlin, Willis, Vice Chairperson/Vice Mayor Martinez, and Housing Authority Tenant Commissioner Scott
Noes (2): Commissioner/Councilmember Bates and Chairperson/Mayor Butt Absent (1): Commissioner/Councilmember Jimenez
Passed (5 to 3)
Adopted Housing Authority Resolution No. 2174 and City Council Resolution No. 169-22
O. ADJOURNMENT
There being no further business, the meeting adjourned at 7:08 p.m.

P. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 7:08 p.m. by Mayor Butt via teleconference.

Q. ROLL CALL

Present: Councilmembers Bates, Johnson III, McLaughlin, Vice Mayor Martinez, and Mayor Butt. Absent: Councilmember Jimenez was absent for the entire meeting.

Councilmember Willis arrived after the roll was called.

R. STATEMENT OF CONFLICT OF INTEREST
Mayor Butt announced his recusal from Item AA.1 regarding the cannabis license ordinance because his architectural engineering firm had a contract with at least one cannabis dispensary in Richmond.

S. AGENDA REVIEW
Item Z.2 regarding the Terminal One project was moved for discussion immediately following the Consent Calendar. Item AA.3 a presentation by MCE was moved immediately following Item Z.2. Items X.4.c amending position control and AA.2 regarding an electric vehicle fleet were continued to the December 20, 2022, City Council meeting.

T. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1, workers' compensation claims, for claim 16000077 the council authorized a settlement. The motion passed with no objection. Claim 150000133 was approved by the council without objection.

Item C.2, liability claim, a settlement of the claim was approved by the council with a vote of five in favor, one against, and one absence.

Page 25 of 476 ends

cc06Dec2022 – sl/prc

Page 5 of 13 ends

Item C.3, anticipated litigation, the council authorized further negotiation of resolution for one case. The second case was not discussed.

Item C.4, existing litigation, the council authorized a settlement without objection.

Item C.5, labor negotiations, the council received a status report and direction was given to continue the negotiations.

Item C.6, real property negotiations, the Miraflores matter was not discussed. A status report was given for the Terminal One matter and no reportable action was taken.

U. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced that sandbags were available for upcoming storms at the Richmond Bayview Library and Corp Yard. Senior and disabled citizens were encouraged to call the Public Works Streets Division at (510) 231-3011 to request sandbag delivery. Ms. Curl also announced that the Affordable Connectivity Program for a credit or free internet service was available to residents that received public benefits.

Ms. Curl encouraged eligible residents to receive enrollment support on November 10, 2022, at the Richmond Public Library or call/text (510) 866-2260.

V. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Daniel Chavarria presented a PowerPoint that highlighted the following: neighborhood dumpster days; illegal dumping; encampment, parks, weed, and private property abatements; 235.6 total tonnage removed; graffiti removal; and partnerships.

W. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave comments via teleconference:

Phillip Rosenthal wished everyone happy holidays. Mr. Rosenthal suggested the city set up email addresses by council district. Mr. Rosenthal also suggested the city provide a way to connect to city virtual meetings, such as a button on the city's website for "upcoming meetings". Mr. Rosenthal urged the council to avoid hearing important matters after 11:00 p.m.

Mark Wassberg gave comments regarding the newly elected City Council candidates and the diversity of the community.

Karen Flemming gave comments in support of Item V, the abatement report. Ms.

Flemming agreed that the council should have official email addresses for city business.

X. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Johnson III
Seconded by Councilmember Willis
To approve all items on the Consent Calendar except Items AA.2 and X.4.c.

Ayes (6): Councilmember Bates, Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, Vice Mayor Martinez, Mayor Butt Absent (1): Councilmember Jimenez
Passed (6 to 1)

Page 26 of 476 ends

cc06Dec2022 – sl/prc

Page 6 of 13 ends

X.1 City Clerk's Office
X.1.a City Council Meeting Minutes
APPROVE the minutes of the Richmond City Council November 15, 2022, regular meeting - City Clerk's Office (Pamela Christian 510-620-6513).

X.2 Economic Development
X.2.a Congressman Garamendi Lease
APPROVE a lease with the United States House of Representatives to allow Congressman Garamendi to utilize approximately 845 square feet of office space, four cubicles, and a conference room on the second floor of 440 Civic Center Plaza as his Congressional District office, at a rate of $1,140.75 per month ($13,689 per year), for a two-year term from January 3, 2023, through January 2, 2025 – City Manager’s Office (Shasa Curl/Craig Murray 510-621-1612).

X.2.b Annual Solid Waste Rate Adjustment
ADOPT a resolution to update the 2023 solid waste collection rates - City Manager’s Office (Shasa Curl/Samantha Carr 510-620-5407).

Approved Resolution No. 170-22
X.2.c Richmond Promise Lease
APPROVE a lease with Richmond Promise, a community-wide college scholarship fund and college success initiative, for the use of approximately 592 square feet of office space at 440 Civic Center Plaza at a rate of $799.20 per month ($9,590.40 per year), for a three-year term from March 1, 2022, through January 2, 2025, with options to extend the lease term for two additional one year periods – City Manager’s Office (Craig Murray 510-621-1612).

X.3 Fire Department
X.3.a Regional Training Center for Richmond Fire Department and Berkeley Fire Department
RECEIVE a written report regarding Richmond Fire Department and Berkeley Fire Department’s effort to use the Richmond Fire Training Center as a regional training center for both agencies – Fire Department (Chief Angel Montoya 510-307-8041).

X.4 Human Resources
X.4.a Contract with Acclamation Insurance Management Services, Inc.

APPROVE a contract with Acclamation Insurance Management Services, Inc. to serve as the City's third-party administrator of workers' compensation claims for Fiscal Years 2022-2023 ($610,000), 2023-2024 ($628,300), and 2024-2025 ($647,147) for a total payment limit not to exceed $1,885,447 for the contract period of January 1, 2023, through December 30, 2025. The City would have an option to extend the term of the contract up to two years at an additional 3 percent cost per year for a total contract payment limit not to exceed $3,238,566 – Human Resources Department (Sharrone Taylor/Laura Marquez 510-620-6974).

Page 27 of 476 ends

cc06Dec2022 – sl/prc

Page 7 of 13 ends

X.4.b Resolution Approving Side Letters to Implement a City Curtailment Plan from December 27 through and including December 30.

ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees International Union (SEIU) Local 1021 and International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid-Management and Executive Management units) regarding holiday curtailment for 2022 - Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Adopted Resolution No. 171-22
X.4.c Amend Position Control and Salary Schedule to Add Director of Economic Development. Amend Position Control to add Deputy City Manager, Finance Manager and Management Analyst I/II or Senior Management Analyst
ADOPT a resolution amending position control and the salary schedule to add Director of Economic Development and APPROPRIATE the required wages, salaries, and benefits; and AMEND position control reallocating Deputy City Manager to oversee the Department of Children and Youth and Community Services, reallocating the Community Services Department Senior Accountant to Finance Manager, and reallocating the Office of Neighborhood Safety Division Project Coordinator and Accounting Assistant I/II to Management Analyst I/II or Senior Management Analyst – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6803).

Continued to the December 20, 2022, City Council meeting X.4.d Resolution to Adopt the IFPTE Local 21 Side Letter for Sworn Executive Management Personnel Sick Leave Cash-out
ADOPT a resolution approving the Side Letter agreement between the City and IFPTE Local 21 Executive Management Unit regarding sick leave cash-out at retirement for Sworn Executive Management Personnel – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Adopted Resolution No. 172-22
X.5 Library and Community Services
X.5.a Accept and Appropriate the Grant Award Notification: Workforce Innovation and Opportunity Act, Title II (WIOA II)
ADOPT a resolution to ACCEPT and APPROPRIATE the Workforce Innovation and Opportunity Act, Title II grant award of $50,945, to support educational programming offered at the library’s literacy services program, Literacy for Every Adult Program – Library and Community Services Department (Diana Lopez 510-620-5452/Abigail Sims-Evelyn 510-307-8084).

Adopted Resolution No. 173-22

Page 28 of 476 ends

cc06Dec2022 – sl/prc

Page 8 of 13 ends

X.5.b North Richmond Waste and Recovery Mitigation Fee Expenditure Plan amendments
APPROVE the Amended 2021/2022 and 2022/2023 North Richmond Waste and Recovery Mitigation Fee Expenditure Plans, identifying the activities authorized to be funded with Mitigation Fee revenue and respective funding allocations for the period of July 1, 2021, to June 30, 2022, and July 1, 2022, to June 30, 2023, as recommended by the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee – Library and Community Services Department (LaShonda White/Lori Reese-Brown 510-620-6869).

X.5.c Approve a Contract with Oakland Private Industry Council for RichmondWORKS Program Contracting Services
APPROVE a contract with the Oakland Private Industry Council to provide additional services as the Contracting and Vendor Pay Agent for RichmondWORKS, Employment and Training participants, in the form of Individual Training for Individual Training Accounts (ITAs) and On-the- Job Training (OJT) contracts, in an amount not to exceed $371,473.80, and for a term ending June 30, 2023 – Library and Community Services Department LaShonda White/Tamara Walker 510-307-8006).

X.5.d Grant Award from the East Bay Community Foundation ACCEPT and APPROPRIATE grant awards totaling $90,000 from the East Bay Community Foundation (EBCF) for the Office of Neighborhood Safety (ONS) Operation Peacemaker Fellowship Program – Library and Community Services Department (LaShonda White/Sam Vaughn 510-620-5404).

Adopted Resolution No. 174-22
X.5.e Donation from the Pema Chodron Foundation.

ACCEPT and APPROPRIATE a $10,000 donation from the Pema Chodron Foundation to the Office of Neighborhood Safety Operation Peacemaker Fellowship program – Library and Community Services Department (LaShonda White/Sam Vaughn 510-620-5404).

Adopted Resolution No. 175-22
X.5.f Lease Agreement with the YWCA of Contra Costa County for Use of Space for a Day Care Program.

APPROVE a lease agreement with YWCA of Contra Costa County for use of space for a day care program at the Richmond Recreation Complex building located at 3230 Macdonald Avenue, from July 1, 2022, to June 30, 2023, with the rate of $2,700 per month – Library and Community Services Department (LaShonda White/Ranjana Maharaj/Tetteh Kisseh 510-620-6972).

X.5.g Resolution to Accept and Appropriate Federal Transportation Authority Grant Funds
ADOPT a resolution authorizing the city to enter a cooperative agreement with the Federal Transit Administration and fulfill all other grant requirements; ACCEPT and APPROPRIATE $250,000 in grant funds awarded by the Federal Transit Administration Enhancing Mobility Innovation grant; AUTHORIZE a grant match in the amount of $62,500

Page 29 of 476 ends

cc06Dec2022 – sl/prc

Page 9 of 13 ends

from the approved ECIA transportation budget; and APPROVE a second contract amendment with Via to provide software and ride sharing service for a term ending July 7, 2024, and to increase the contract limit by $312,500, for a new total contract limit not to exceed $1,650,731 – Library and Community Services Department (LaShonda White/ Denée Evans 510-621-1718).

Adopted Resolution No. 176-22
X.6 Public Works
X.6.a Purchase of Twelve (12) Ford F350 Trucks with 12’ Flatbeds APPROVE the purchase of twelve (12) 2023 Ford Super Duty F350 DRW with 12’ Flatbeds from National Auto Fleet Group, in an amount not to exceed $942,000, based in Sourcewell Contract 091521-NAF – Public Works Department (Daniel Chavarria/Dee Karnes 510-231-3044).

X.6.b Purchase of Ford Trucks - F150s and F250s
APPROVE the purchase of fifteen (15) 2023 Ford F150 and six (6) 2023 Ford F250 trucks from National Auto Fleet Group, in an amount not to exceed $1,054,000 based in Sourcewell Contract 091521-NAF – Public Works Department (Daniel Chavarria/Dee Karnes 510-231-3044).

X.6.c Proposed Contract Amendments for As-Needed Project Management Services for Capital Projects,Including Federally Funded Projects APPROVE on-call professional service contract amendments in the amount of $400,000 per vendor, with two-year term extensions through January 14, 2025, to provide as-needed project management services for capital projects, including federally funded projects, with the following three firms: Avila Project Management (APM) for a new total contract amount not to exceed $800,000, CSW | ST2 for a new total contract amount not to exceed $800,000, and mack5 for a new total contract amount not to exceed $1,200,000 – Public Works Department (Daniel Chavarria 510-620-5478/Yader A. Bermudez 510-774-6300).

X.6.d Hilltop Gateways Signage Project Sign #4
APPROVE a contract with Turner Signs for the Hilltop Gateways Signage Project Sign #4, located at Blume Drive and Richmond Parkway, in an amount not to exceed $230,000, including $208,000 low bid plus $22,000 contingency; and APPROPRIATE $230,000 from the Hilltop District Fund Balance – Public Works Department (Daniel Chavarria 510-620-5478).

Y. BUDGET SESSION
Y.1 Fiscal Year 2021-2022 Year-End Clean-Up
DISCUSS and DIRECT City staff about the use of the estimated Operating Surplus to clear the negative cash and other administrative budget adjustments listed in the attached resolution – Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6790).

City Manager Shasa Curl introduced the matter. Director of Finance Delmy Cuellar and Budget Administrator Mubeen Qader presented a PowerPoint that highlighted the following: recession and impact; revenues and expenditures; options; reserve level; and next steps. Discussion ensued.

Page 30 of 476 ends

cc06Dec2022 – sl/prc

Page 10 of 13 ends

Motion by Councilmember McLaughlin
Seconded by Councilmember Johnson III
To adopt said resolution approving Option 1 to clear the negative cash at once.

Ayes (4): Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Absent (3): Councilmember Bates, Councilmember Jimenez, and Mayor Butt Passed (4 to 3)
Adopted Resolution No. 177-22
Y.2 Fiscal Year 2022-23 Quarter 1 Budget Report
RECEIVE the Fiscal Year 2022-23 Quarter 1 Budget Report for the period of July 1, 2022, through September 30, 2022; and APPROVE proposed budget adjustments – Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6790).

City Manager Shasa Curl introduced the matter. Director of Finance Delmy Cuellar, Budget Administrator Mubeen Qader, and Accounting Manager Antonio Banuelos presented a PowerPoint that highlighted the following: General Fund revenues; non-General Fund revenue and expenditures; capital projects; budget adjustments; labor negotiations and looming recession; and next steps.

Motion by Councilmember Willis
Seconded by Councilmember Johnson III
To receive said budget report and adopt said resolution.

Ayes (4): Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Absent (3): Councilmember Bates, Councilmember Jimenez, and Mayor Butt Passed (4 to 0)
Adopted Resolution No. 178-22
Z. PUBLIC HEARINGS
Z.1 Levy of Special Assessments for Fines and Costs Related to Unpaid Administrative Citations, Nuisance Abatements and Foreclosure Ordinance Fines
HOLD a public hearing; and ADOPT a resolution authorizing the City of Richmond to levy special assessments against certain properties with unpaid invoices related to administrative citations, nuisance abatement costs, and foreclosure ordinance fines pursuant to Richmond Municipal Code Chapters 2.62,

2.63, 6.38, 9.22 and 11.76 – Community Development Department (Lina Velasco/Eva Mann 510-621-1283).

Continued to the December 20, 2022, City Council meeting Z.2 Latitude Residential Subdivision (formally Terminal One Residential Project)
ADOPT a resolution for the Latitude Residential Subdivision (formerly the Terminal One Residential Project) either: 1) Certifying the Addendum to the 2016 Environmental Impact Report (EIR) and adopting the Mitigation Monitoring and Reporting Program (MMRP), and approving a Major Amendment to a Planned Area (PA) Plan with associated Major Design Review (DR), a Vesting Tentative

Page 31 of 476 ends

cc06Dec2022 – sl/prc

Page 11 of 13 ends

Map (VTM), and a Conditional Use Permit (CUP) for park and residential uses within the Shoreline Overlay District, subject to conditions of approval; or 2) Certifying the Addendum to the 2016 EIR and adopting the MMRP and denying without prejudice the PA Plan Amendment with associated DR, and VTM based on the Planning Commission’s recommended findings; or 3) REMAND the project back to the Planning Commission to review the financial feasibility of the previous project and consider if conditions or refinements can be made to the Revised Project to make the project more superior - Community Development Department (Lina Velasco 510-620-6706).

Deputy City Clerk Ursula De Loa announced that it was time, pursuant to public notice, to hold a public hearing. Director of Community Development Lina Velasco and Senior Planner Roberta Felciano presented a PowerPoint that highlighted the following: background; project proposal; land disposition agreement; planned area plan amendment; vesting tentative map; conditional use permit; zoning and General Plan conformance; Design Review Board (DRB) and Planning Commission (PC) recommendations; environmental review; and options. Discussion ensued. The council expressed concerns regarding infill truckloads, traffic, and parking issues. The council requested staff to consider the following: using barges; eliminating the park and demolishing the wharf to allow more space and save funds; and establishing a deadline. Mayor Butt declared the public hearing opened. (At approximately 8:38 p.m., a motion made by Councilmember Bates, seconded by Councilmember Johnson III, to provide the developer, Paul Menzies of Laconia Development, an opportunity to make a ten-minute presentation passed by the following vote: Ayes: Councilmembers Bates, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes:

Mayor Butt. Abstentions: None. Absent: Councilmember Jimenez). Mayor Butt ruled that one voluntary opponent would also be allowed to give a presentation of up to ten minutes. Mr. Menzies presented a PowerPoint presentation that highlighted the following: site plan and housing types; site issues; community benefits; public input; DRB and PC actions; and Richmond Yacht Club and Brickyard Cove Alliance for Responsible Development (BCARD) concerns. (At approximately 8:51 p.m., a motion made by Councilmember Bates, seconded by Vice Mayor Martinez, to allow Mr. Menzies an additional five minutes to complete his presentation passed by the following vote: Ayes: Councilmembers Bates, Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions: None. Absent:

Councilmember Jimenez). Mayor Butt ruled that the voluntary opponent would also be allowed to make a presentation of up to fifteen minutes. Mr. Mendies continued his presentation that highlighted the following: project recreation building and retail store; architectural illustrations; and support for Option 1. The following individuals gave comments via teleconference: Philip Rosenthal, Bruce Beyaert, and Allison Lehman. Brian Lewis of BCARD volunteered to give a fifteen-minute opponent’s statement that highlighted the following concerns: the DRB’s “narrow review window”; building height discrepancy; data gaps in the EIR and inadequacy; soils excavation and trucking traffic impact; and lack of information covered in the vesting tentative map. Mr. Lewis proposed a new “Option 4” returning the project back to the DRB for its review; tabling any further council action in terms of approving any particular aspects of the project; and sending the project back for a complete EIR, DRB, and PC review; updating and correcting the vesting tentative map; and then returning the project back to the council for its fully informed review and input. Mr. Lewis advocated not building a park at the project if it was not affordable. Mr. Lewis also expressed concerns regarding the following: potential transfer of community liability; the

Page 32 of 476 ends

cc06Dec2022 – sl/prc

Page 12 of 13 ends

developer’s project financial status; and site contamination mitigation measures.

Mr. Lewis requested that the developer’s pro forma be made publicly available.

The following individuals proceeded to give comments via teleconference: John Stafford, Yvonne McHugh, Paula Lavine, Ida (last name not stated), Marjorie (last name not stated), Beth Konclair, Kim Desenberger, Robert Kish, Jeff Vines, Anthony Kleppe, Mike Josselyn, Thomas Knowles, Bruce Brubaker, Jeff Shukis, Will Anderson, Jonathan Livingston, JSM, Susan Hubbard, Mike Lederer, Leisa Johnson, and Judith Krawley. Mayor Butt closed the public hearing. Further discussion ensued. (At approximately 10:33 p.m., a motion made by Councilmember Johnson III, seconded by Councilmember Willis, to call the question to end debate passed by the following vote: Ayes: Councilmembers Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstentions: None. Absent: Councilmembers Bates and Jimenez).

Motion by Councilmember Willis
Seconded by Councilmember McLaughlin
To accept the new Option 4 proposed by the project opponent, Brian Lewis, (returning the project back to the DRB for its review; tabling any further council action in terms of approving any particular aspects of the project; and sending the project back for a complete EIR, DRB, and PC review; updating and correcting the vesting tentative map; and then returning the project back to the council for its fully informed review and input). A friendly amendment made by Councilmember McLaughlin, that the communities ideas be heard and addressed and also that a goal of a deadline of at least four to six months be put in effect so the matter was returned to the council in a timely fashion with a side note that the council could adjust the deadline if the Planning Division determined that it was not enough time, was accepted with another side note by the motion maker to ensure a certain amount of flexibility on the deadline for staff to return to the council.

Ayes (4): Councilmember Johnson III, Councilmember McLaughlin, Councilmember Willis, and Vice Mayor Martinez
Noes (1): Mayor Butt
Absent (2): Councilmember Bates, and Councilmember Jimenez Passed (4 to 3)
The proposed resolution was not adopted.

Z.3 Amendments to Richmond Municipal Code Article VIII Chapter 8.16 INTRODUCE an ordinance (first reading) with an effective date of January 1, 2023, amending Richmond Municipal Code (RMC) Article VIII (Fire) Chapter

8.16 (Fire Prevention Code) by adopting the 2022 California Fire Code with noted local amendments – Fire Development Department (Eric Govan/Eric Munson (510-307-8046)
Continued to the December 20, 2022, City Council meeting AA. NEW BUSINESS
AA.1 Council Direction on Requested Changes to Cannabis License Ordinance PROVIDE direction to City staff on whether amendments to the Cannabis Ordinance should be prepared increasing the number of cannabis retailer licenses – City Attorney’s Office (Dave Aleshire 510-620-6509). This item was continued from the November 22, 2022, meeting.

Page 33 of 476 ends

cc06Dec2022 – sl/prc

Page 13 of 13 ends

Continued to the December 20, 2022, City Council meeting AA.2 Electric Vehicle Fleet
RECEIVE a presentation from MOTIV PS on the benefits of transitioning to an electric fleet – Vice Mayor Martinez (510-620-6593). This item was continued from the November 22, 2022, meeting.

Continued to the December 20, 2022, City Council meeting AA.3 MCE Presentation
RECEIVE a presentation from MCE – Mayor’s Office (Mayor Tom Butt 510- 620-6503).

MCE Community Development Manager Mariela Herrick and Director of Power Resources Lindsay Saxby presented a PowerPoint that highlighted the following:
mission and vision; member communities; MCE and City of Richmond accomplishments and collaborations; key drivers; planning and procurement process; sales and customers; supplier inventory; resource location; power content label; statistical highlights; MCE vs. PGE; and other considerations. Discussion ensued.

AB. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Vice Mayor Martinez announced that he attended the new mayors "The First 100 Days" seminar hosted by the Bloomberg Harvard City Leadership Initiative from November 30 to December 2, 2022.
(At approximately 11:00 p.m., a motion made by Councilmember Willis, seconded by Councilmember Johnson III, to extend the meeting until 11:30 p.m. to discuss Items Y.1 and Y.2 passed by the following vote: Ayes: Councilmembers Johnson III, McLaughlin, Willis, and Vice Mayor Martinez. Noes: Mayor Butt. Abstained: None.

Absent: Councilmembers Bates and Jimenez).
(At approximately 11:03 p.m., Mayor Butt departed the meeting. Vice Mayor Martinez chaired the remainder of the meeting).

AC. ADJOURNMENT
There being no further business, the meeting adjourned at 11:28 p.m., in memory of Kabir Kapur, to meet again on December 20, 2022, at 6:30 p.m.

Clerk of the City of Richmond Mayor

Page 34 of 476 ends

Page 1 of 2 ends

January 17, 2023

City Manager's Office

DATE: January 17, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Shannon Moore, Chief Assistant City Attorney
Subject:

Amendment to contract with Colantuono, Highsmith, &
Whatley, PC for legal representation related to PG&E’s
Franchise Agreements with the City.

FINANCIAL IMPACT: The City Manager’s Economic Development division’s fiscal year (FY) 2021-2022 budget (01362765-400206)
includes funds for this amendment. If this contract results in an outcome favorable to the City, revenue will increase in future fiscal years, likely by several hundred thousand dollars per year.

PREVIOUS COUNCIL
ACTION:

Dec. 1, 2021 (3rd Amend. to increase by amount
$59,000); Jan. 7, 2021 (2nd Amend. to increase amount
by $125,000); Oct. 12, 2018 (Original contract for
$100,000 through Jun. 30, 2020).

STATEMENT OF THE
ISSUE:

In 1958, the City entered into a franchise agreement with Pacific Gas &Electric (“PG&E”) for electricity and natural gas which renews every 20 years. In compliance with the agreement’s terms, the City submitted a formal request to PG&E to adjust the franchise fee. The parties have
entered arbitration in effort to settle the proposed
changes to the franchise fee payments.

RECOMMENDED ACTION: APPROVE a fifth amendment to the contract with Colantuono, Highsmith, & Whatley, PC for legal
representation, to increase contract payment limit by
$50,000, for a new total contract amount not to exceed
$334,000, while maintaining the term expiration date of June 30, 2023 – City Manager’s Office (Shasa
Curl/Shannon Moore 510-620-6505).

AGENDA
REPORT

Page 35 of 476 ends

Page 2 of 2 ends

January 17, 2023
DISCUSSION:

In 1958, the City entered into a franchise agreement with Pacific Gas & Electric (“PG&E”) for electrical and natural gas services, which renews every 20 years (the “Franchise Agreement”). The Franchise Agreement’s third, 20-year renewal cycle occurred in May of 2018. Per the Franchise Agreement’s terms, one year prior to the 2018 renewal, the City submitted a formal request to PG&E, requesting an adjustment to increase to the franchise fees. The proposed increase would place the City on par with other cities PG&E serves. PG&E did not agree to the City’s request. Subsequently, both parties entered into arbitration in an attempt to settle the matter.

The City contracted with Colantuono, Highsmith, & Whatley, PC (“Colantuono”) to provide specialized legal services and to represent the City in pre- and post-arbitration related to the PG&E electrical and natural gas utility franchise agreement(s) and related franchise fees.

The City entered into the original Colantuono contract on October 2, 2018, for a two- year time period through June 30, 2020, for $100,000. The contract has since been amended four times. The First Amendment on May 12, 2020, extended the contract’s term for two years through June 30, 2022. The Second Amendment on January 7, 2021, increased the contract by $125,000, for a total amount not to exceed $225,000.

The Third Amendment on December 1, 2021, increased the contract by $59,000, for a total amount not to exceed $284,000. The Fourth Amendment on March 18, 2022, extended the contract’s term through June 30, 2023. The proposed Fifth Amendment will increase the contract by $50,000, for a new total amount not to exceed $334,000, and will maintain the term expiration date of June 30, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Fifth Amendment to Legal Services Agreement with Colantuono, Highsmith & Whatley, PC (“Colantuono LSA”)
Attachment 2 – Fourth Amendment to Colantuono LSA
Attachment 3 – Third Amendment to Colantuono LSA
Attachment 4 – Second Amendment to Colantuono LSA
Attachment 5 – First Amendment to Colantuono LSA
Attachment 6 – Colantuono LSA

Page 36 of 476 ends

Fifth Amendment to Agreement for Legal Services A-1

FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

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

This Fifth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and COLANTUONO, HIGHSMITH & WHATLEY , P.C (“Special Counsel”) (the “Fifth Amendment”) is entered into as of JANUARY 17, 2023, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities in connection with arbitration regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Fifty Thousand Dollars ($50,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Fifth Amendment.

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

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

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

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

[Signatures on following page]

Page 37 of 476 ends

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

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

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

Page 38 of 476 ends

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

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall represent the City of Richmond in arbitration (including pre- and post-arbitration matters) regarding Pacific Gas & Electric’s gas utility franchise agreement with the City.

(City of Richmond Contact Attorney: James Atencio, Sr. Assistant City Attorney)

Schedule of Fees & Charges:

Hourly Rates

PARTNER(S) $350/hour
SENIOR COUNSEL $315/hour
ASSOCIATE(S) $280/hour
PARALEGAL(S) $160/hour

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits “A” and “B” and shall not exceed Three Hundred Thirty Four Thousand Dollars ($334,000) for attorneys’ fees and reimbursements.

Page 39 of 476 ends

DocuSign Envelope ID: F4CECC86-6ADB-41D3-B46F-874A2AC7CEC7

Page 40 of 476 ends

DocuSign Envelope ID: F4CECC86-6ADB-41D3-B46F-874A2AC7CEC7 President

Page 41 of 476 ends

DocuSign Envelope ID: F4CECC86-6ADB-41D3-B46F-874A2AC7CEC7

Page 42 of 476 ends

Third Amendment to Agreement for Legal Services A-1

THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

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

This Third Amendment to the A greement for Legal Services between the City of Richmond (“City”) and COLANTUONO HIGHSMITH & WHATLEY, P. C. (“Special Counsel”) (the "Third Amendment") is entered into as of December 1 , 2021, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities in connection with the arbitration regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to inc rease the compensation limit by Fifty Nine Thousand Dollars ($59,000); and

WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Third Amendment.

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

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

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

[Signatures on following page]

Page 43 of 476 ends

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

TY OF RICHMOND
________________________
M
ayor

COLANTUONO HIGHSMIT H &
WHATLEY, P.C.

By __________________________
Title _President________________
Atte
st:

By:
_____________________
City Clerk
Appr
oved as to form:

By:
_____________________
City Attorney

Page 44 of 476 ends

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

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work
:

Special Counsel shall represent the City of Richmond in arbitration (including pre and post-arbitration matters) regarding Pacific Gas & Electric’s electrical and natural gas utility franchise agreements with the City.

(City’s Contact Attorney: Bruce Soublet, Sr. Assistant City Attorney)

Schedule of Fees & Charges
:

Hourly Rates

PARTNER(S) $350/hour
SENIOR COUNSEL $315/hour
ASSOCIATE(S) $280/hour
PARALEGAL(S) $160/hour

Compensation
:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Two Hundred Eighty Four Thousand Dollars ($284,000) for attorneys’ fees and reimbursements.

Page 45 of 476 ends

Page 46 of 476 ends

Page 47 of 476 ends

Page 48 of 476 ends

Page 49 of 476 ends

Page 50 of 476 ends

Page 51 of 476 ends

Page 52 of 476 ends

Page 53 of 476 ends

Page 54 of 476 ends

Page 55 of 476 ends

Page 56 of 476 ends

Page 57 of 476 ends

Page 58 of 476 ends

Page 59 of 476 ends

Page 60 of 476 ends

Page 61 of 476 ends

Page 62 of 476 ends

Page 63 of 476 ends

Page 64 of 476 ends

Page 65 of 476 ends

Page 66 of 476 ends

Page 67 of 476 ends

Page 68 of 476 ends

Page 69 of 476 ends

Page 70 of 476 ends

Page 71 of 476 ends

Page 1 of 3 ends

January 17, 2023

Community Development

DATE: January 17, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager

Subject:

Amendment to Emergency Security Services Contract
with Ascend Professional Services, LLC for the Castro
Encampment
FINANCIAL IMPACT: The proposed security services will be paid for using funds from the $4.8 million encampment resolution grant received from the California Interagency Council on
Homelessness (Cal ICH) (Account String: 15061219-
400201-16G07).

PREVIOUS COUNCIL
ACTION:

On November 22, 2022, the City Council approved a
contract for emergency security services for the Castro Encampment to provide security guard services, for up to three guards, on duty 24 hours a day, seven days a week for the period ending January 31, 2023, in an amount not to exceed $200,000.

STATEMENT OF THE
ISSUE:

City staff is requesting authorization to enter into the first amendment to the emergency security services contract
with Ascend Professional Services, LLC to continue to
address life, property, and public safety issues at the Castro Encampment.

AGENDA
REPORT

Page 72 of 476 ends

Page 2 of 3 ends

January 17, 2023
RECOMMENDED ACTION:

APPROVE a first amendment to the contract with Ascend
Professional Services, LLC., in the amount of $175,000, for a total contract amount not to exceed $375,000, to
provide security guard services, for up to three guards, 24 hours a day, seven days a week, with an extended
contract term through March 31, 2023 – Community
Development Department (Lina Velasco/Jesus M.

Morales 510-620-6706).

DISCUSSION:

The Community Development Department needs to continue the previously approved emergency security services contract for the Castro Encampment, approved by City Council on November 22, 2022. The Castro Encampment, located at Hensley and Castro Streets, is comprised of approximately 60 vehicles and 80 individuals. This encampment has been a source of documented and undocumented criminal activity over the past couple of years, including illegal dumping, stolen vehicles, drug activity, burglary, and sexual assault.

City staff issued a Request for Proposals (RFP) to provide security services at the Castro Homeless Encampment on December 19, 2022, with a due date of December 30, 2022. Fifteen responses to the RFP were received. City staff members will need time to review the large number of responses to ensure a fair and equitable review process of all submittals. To avoid any gap in the provision of the needed security services while the RFP process continues, the first amendment to the emergency security services contract with Ascend Professional Services, LLC (Ascend) will maintain security services until the new security firm is selected and the contract is approved by City Council.

The security services at the Castro encampment have started to positively impact the level of illegal activity as residents and visitors become aware of the security’s presence in conjunction with the resident rules and regulations provided by the project manager, and registration and issuance of parking stickers for residents’ registered vehicles.

The first amendment to the emergency security services contract with Ascend would continue the security guard services including three guards on duty, 24 hours a day, extending the contract term through March 31, 2023, adding an additional $175,000 to the $200,000 that was previously approved on November 22, 2022.

Chauncey Kirtdoll, principal of Ascend, has over 25 years of experience in human resources, project and property security services, and military training. Ascend has been providing security in various locations and property types such as shopping malls, parking lots, schools, apartment buildings, grocery stores, homeless encampments, and other large public events. All security staff is or will be licensed by the State of California for security services. In addition, Mr. Kirtdoll provides and requires Ascend staff to participate in training to enhance their people management skills. His firm can access

Page 73 of 476 ends

Page 3 of 3 ends

January 17, 2023
additional staffing as needed based on the requirements of each assignment. Ascend has the necessary staff for the current and ongoing assignment.

Ascend Professional Services, LLC has been providing satisfactory emergency security services for the Castro encampment and City staff recommends authorization to enter into the first amendment to the emergency security services contract with Ascend Professional Services, LLC for continual emergency security services.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment#1
Attachment 2 – Executed Standard Contract

Page 74 of 476 ends

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.

Page 75 of 476 ends

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.

Page 76 of 476 ends

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

Page 77 of 476 ends

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)

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

Page 78 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

4. Assigned guards will immediately report any suspicious persons, vehicles or activity to the Richmond Police Department, 24 hours a day, through the non- emergency dispatch number at (510) 233-1214. All emergencies shall be reported via 911.

5. Due to the sudden and dynamic nature of security at the encampment, the Contractor may be asked to occasionally provide additional qualified temporary Security Officers, with little or no advanced notice.

6. Security personnel should be familiar and trained on how to deal with people experiencing homelessness, as well as people with mental health issues. Security personnel should be familiar and able to make assessments/referrals for outreach services for these individuals.

7. Each assigned guard must have a California Security Guard Certification Card issued by the California Department of Consumer Affairs.

8. With fifteen (15) calendar day written notice, the City reserves the right to discontinue all or certain portions of this contract.

9. The Contractor’s daily point of contact will be the Encampment Resolution Project Manager, Vanessa Calloway of Way 2Love, Inc., and the City of Richmond Housing Manager, Jesus M. Morales.

10. The Contractor must present evidence of complete insurance coverage meeting the Risk Management Department's minimum insurance requirements, including one-million-dollar general liability and two-million-dollar aggregate with the City of Richmond named as an additional insured.

Page 79 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

2. Timeline.

Tasks Due Date
Assign licensed security staff to 24-hour shifts and provide schedule with staff names to Encampment Project Manager and City. Security staff will be unarmed.

Ongoing basis
Assigned security guards will maintain a daily log and prepare an incident report as issues occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager Weekly.

Provide summary of security guard activity and regular check ins. On a weekly basis or as requested by
Encampment
Project Manager
and City.

Report any suspicious persons, vehicles or activity to the Richmond Police Department, 24 hours a day, through the non- emergency dispatch number at (510) 233-1214. All emergencies shall be reported via 911.

Per occurrence.

Page 80 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

3. Project Outcomes and Evaluation

Program
Component
Program
Outcome
Indicator/
Measurement
Goal Evaluation
Method
Security guard
scheduling
Identify security
staff that will be
assigned to this
project and their
shifts and hours
Staff schedule 24-hour
staffing
Weekly or
monthly staff
schedule and
time sheet for
each guard
assigned.

Daily log of
activities
Provide
summary of
activities at the
encampment,
reduce number
of nonresidents
at Castro,
reduce number
of incidents,
reduce illegal
dumping, reduce
number of stolen
vehicles
Weekly activity
logs
Weekly
reports
Reduction of
illegal activities,
stolen cars, and
police calls
Prevention of
stolen
automobiles
Eliminating
excess
automobiles
Number of
vehicles
removed
5-10
vehicles
Identify vehicles
to be removed
and track total
number
removed

Page 81 of 476 ends

For the Contract between the City
of Richmond and
Ascend Professional Services, LLC

EXHIBIT B
BUDGET

Ascend Professional Services, LLC

3 security guards, 24 hours coverage
Castro Encampment Security
Guards Hourly Rate Hours Daily Rate
No. of
Days* Total
Original Standard Contract $200,000
3 $ 40.00 72 $ 2,880

59 $169,920
* No holidays
Overtime contingency $5,080
Total $375,000

Page 82 of 476 ends

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

Page 83 of 476 ends

___ 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.

Page 84 of 476 ends

___ 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.

Page 85 of 476 ends

___ 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.

Page 86 of 476 ends

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
Richmond, CA 94801
1250 Macdonald Ave
Richmond City Center, LP
Certificate Holder, 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.
$5,000
Property
07/22/2023
07/22/2022
MP0004015004172
Inland Marine Liability
A
1,000,000
1,000,000
1,000,000
✘
12/02/2023
12/02/2022
9265150-2022
C
3,000,000
3,000,000
07/22/2023
07/22/2022
AN1265274
✘
B
2,000,000
2,000,000
1,000,000
5,000
300,000
1,000,000
07/22/2023
07/22/2022
MP0004015004172
Y
✘
✘
✘
A
35076
State Compensation Ins. Fund
17370
Nautilus Insurance Co
36838
Mesa Underwriters Spec Ins Co
94590
CA

VALLEJO
PO BOX 1072
Attn: Jouslyn Kirtdoll
Ascend Professional Services LLC; AAscend Protective Services [email protected]
(650) 324-1142
(650) 328-1000
Brenda Aldaco
94301
CA
Palo Alto
591 Lytton Avenue
Allied Brokers
12/2/2022

Page 87 of 476 ends

© Insurance Services Office, Inc., 2012CG 20 01 04 13 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION COMMERCIAL GENERAL LIABILITYCG 20 01 04 13THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTThe following is added to the Other Insurance Condition and supersedes any provision to the contrary:Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:(1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

INSURED

Page 88 of 476 ends

CG 20 10 04 13 Page 1 of 2© Insurance Services Office, Inc., 2012 Blanket: As required by written contract
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

Name Of Additional Insured Person(s)
Or Organization(s):

Location(s) Of Covered Operations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

MP0004015004172

INSURED

Page 89 of 476 ends

CG 20 10 04 13 Page 2 of 2© Insurance Services Office, Inc., 2012 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:1.Required by the contract or agreement; or

2.Available under the applicable Limits of Insurance shown in the Declarations;whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

Page 90 of 476 ends

Blanket: AS required by written contract

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US POLICY NUMBER:COMMERCIAL GENERAL LIABILITYCG 24 04 05 09 CG 24 04 05 09© Insurance Services Office, Inc., 2008 Page 1 of 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTSCHEDULEName Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec-tion IV – Conditions:We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-com-pleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above.

INSURED
MP0004015004172

Page 91 of 476 ends

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:

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.

Community Development
Jesus Morales
[email protected]
(510) 620-6649
15685
/ 6340
Security services at the Castro homeless encampment to address life, property, and public safety issues.

Ascend Professional Services, LLC
P.O. Box 1072
Vallejo, CA 94590
Jouslyn Kirtdoll
(510) 302-5050
[email protected]
4006-3726
December 31, 2022
December 1, 2022
January 31, 2023
200,000.00
✔
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 92 of 476 ends

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
Ascend Professional Services, LLC
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A 11/28/2022
Owner
11/29/2022
Owner
MayoryMayor 12/2/2022

Page 93 of 476 ends

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:

City of Richmond

The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.

Service Specifications.

1. The Contractor will furnish all necessary personnel/labor, uniforms, equipment, and supervision to provide unarmed security services to also include management, supervision, and leadership of Security Officers at the various locations (Posts) at the Castro Encampment. The number of security guards will be specified by the City prior to contract execution. Staff is anticipating requesting three security guards for overnight hours and three during daytime hours (this may be changed based on circumstances). This security deployment will involve a single assignment, Castro encampment security, 24 hours per day throughout the week. Security will be provided 24 hours per day, seven days a week including federal holidays. Security services shall be performed in a manner that will ensure the safety and well-being of the public and Castro residents in accordance with Castro rules/regulations, directives, and support the Castro Safety Plan. The Contractor shall provide unarmed Security Officers at the Hensley Street entry and the Castro Street cul-de-sac area of the encampment for the duration of the contract which will include monitoring the ingress/egress of residents. Non-residents will not be allowed, except for city staff and city-contracted service providers.

2. Existing staffing may be modified or eliminated at the sole discretion of the City of Richmond.

Security staff and hours may be increased or decreased as required to meet changing needs of the Castro Encampment. The City of Richmond will strive, but shall not be obligated, to provide 15 calendar days advance notice of any new changes in hours or staffing.

3. Assigned guards will maintain a daily log and prepare an incident report as issues occur.

Those reports will be forwarded to City staff weekly, as designated by the Project Manager. In addition to the scheduled security “rounds” security personnel must periodically check with the ERF Project Manager, Vanessa Calloway of Way 2Love, Inc.

Ascend Professional Services, LLC
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 94 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

7. Each assigned guard must have a California Security Guard Certification Card issued by the California Department of Consumer Affairs.

8. With fifteen (15) calendar day written notice, the City reserves the right to discontinue all or certain portions of this contract.

9. The Contractor’s daily point of contact will be the Encampment Resolution Project Manager, Vanessa Calloway of Way 2Love, Inc., and the City of Richmond Housing Manager, Jesus M. Morales.

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 95 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

2. Timeline.

Tasks Due Date
Walk through of encampment and assess security needs. Within three days from contract
execution.

Assign licensed security staff to 24-hour shifts and provide schedule with staff names to Encampment Project Manager and City. Security staff will be unarmed.

Within three to five
days from contract
execution
Assigned security guards will maintain a daily log and prepare an incident report as issues occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager Weekly, two days
after end of week
starting after first
week security staff
is assigned.

Provide summary of security guard activity and regular check ins. On a weekly basis or as requested by
Encampment
Project Manager
and City.

Per occurrence.

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 96 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

3. Project Outcomes and Evaluation
Program
Component
Program
Outcome
Indicator/
Measurement
Goal Evaluation
Method
Encampment
walkthrough and
assessment of
security needs
Provide
recommendation
for the security
needs of the
Castro
encampment to
ensure the
safety of
encampment
residents, and
the local
community, and
businesses.

Written
assessment and
recommendation.
1 Copy of final
assessment and
recommendation
provided to the
City.

Security guard
scheduling
Identify security
staff that will be
assigned to this
project and their
shifts and hours
Staff schedule 24 hour
staffing
Weekly or
monthly staff
schedule and
time sheet for
each guard
assigned./
Daily log of
activities
Provide
summary of
activities at the
encampment,
reduce number
of nonresidents
at Castro,
reduce number
of incidents,
reduce illegal
dumping, reduce
number of stolen
vehicles
Weekly activity
logs
Weekly
reports
Reduction of
illegal activities,
stolen cars,
and police calls
Prevention of
stolen
automobiles
Eliminating
excess
automobiles
Number of
vehicles
removed
5-10
vehicles
Identify vehicles
to be removed
and track total
number
removed

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 97 of 476 ends

For the Contract between the City of
Richmond and
Ascend Professional Services, LLC

PROGRAM BUDGET

Ascend Professional Services, LLC 3 security guard 24 hours Castro Encampment security
Guards Hrly. Rate*
Hours per
day Daily Rate
3 40.00$ 72 2,880$ 169,920$
59 Regular
days
3 60.00$ 72 4,320$ 12,960$ 3 Holidays TOTAL 182,880$
*Will be adjusted for federal holidays @ $40.00 x 1.5 = $60/Hr holiday rate Holidays are Nov 24 Thanksgiving, Dec 25 Xmas, and Jan 1 New Years Day DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 98 of 476 ends

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.

Jesus Morales
Ascend Professional Services, LLC
Community Development
Jesus Morales
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 99 of 476 ends

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:

Ascend Professional Services, LLC
Ascend Professional Services, LLC
Jesus Morales
450 Civic Center Plaza
Jouslyn Kirtdoll
P.O. Box 1072
Vallejo, CA 94590
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 100 of 476 ends

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights 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, DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 101 of 476 ends

General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

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

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 102 of 476 ends

General Conditions/EJ/TE 01-19-11 3 of 13

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

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

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this 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.

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 103 of 476 ends

General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 104 of 476 ends

General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 105 of 476 ends

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

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 106 of 476 ends

General Conditions/EJ/TE 01-19-11 7 of 13

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

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 107 of 476 ends

General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 108 of 476 ends

General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 109 of 476 ends

General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

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

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 110 of 476 ends

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

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 111 of 476 ends

General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

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

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 112 of 476 ends

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

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

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

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

DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 113 of 476 ends

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):

None.

Ascend Professional Services, LLC
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 114 of 476 ends

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.

Ascend Professional Services, LLC
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

Page 115 of 476 ends