Richmond City Council
February 7, 2023

City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,165,435 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 5,165,435 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 FY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 2,227,949 46.4% 2,572,051 371,324.80 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 4,334,499 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 4,334,499 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 2,487,168 57.4% 1,847,331 414,527.93 FY2022-23 TOTAL 9,499,934 9,134,499 810,586 789,669 804,715 755,980 772,321 781,846 - - - - - - 4,715,116 51.6% 4,419,383 785,852.73

BUDGET ACTUALS TOTAL

POLICEFIRE

February 7, 2023

Finance Department

DATE: February 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager, Internal Services
Delmy Cuellar, Director of Finance

Subject:

Amendment of Authorized Signatures on the Local Agency
Investment Fund (LAIF)
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The City needs to revise the list of authorized signatures on the Local Agency Investment Fund (LAIF) to reflect
the current staff assignments in the Finance Department.

LAIF requires that the City Council adopt a resolution
approving the authorized signatures.

RECOMMENDED ACTION:

ADOPT a resolution revising the authorization list on the Local Agency Investment Fund (LAIF) accounts to reflect the current staff assignments in the Finance Department – Finance Department (Nickie Mastay/Mubeen Qader
510-412-2077).

DISCUSSION:

The Local Agency Investment Fund (LAIF) is a voluntary program created by a California statute. It began in 1977 as an investment alternative for California’s local governments and special districts, and is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1955, and oversight is provided by the Pooled Money AGENDA
REPORT

February 7, 2023
Investment Board (PMIB) and an Investment Committee. The PMIB members are the State Treasurer, Director of Finance, and the State Controller. LAIF is an important investment/cash management vehicle for the City of Richmond’s financial operations.

The Finance Department has experienced a number of personnel changes due to retirements, turnover from attrition, and new hires to replace staff. As a result, signature cards on the Local Agency Investment Fund (LAIF) accounts are outdated and need to be revised to reflect current staff assignments. The State of California Local Investment Agency requires the adoption of a resolution in order to update the signature cards.

DOCUMENTS ATTACHED:

Attachment 1 – LAIF Resolution

CC Reso No. ____

CITY COUNCIL RESOLUTION NO. -----

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

REVISING THE LIST OF AUTHORIZED SIGNATURES FOR TRANSFER OF

FUNDS FROM THE LOCAL AGENCY INVESTMENT FUND TO DELETE OLD

ACCOUNT SIGNERS AND TO DESIGNATE THE CURRENT AUTHORIZED

SIGNERS IN THE FINANCE DEPARTMENT
WHEREAS, the City of Richmond is required to maintain and periodically update the List of Authorized Signatures of City employees authorized to make deposits or withdrawals of money in the Local Agency Investment Fund; and
WHEREAS, subsequent to the April 16, 2019 Changes to List of Authorized Signatures, the City of Richmond revised the authorization list due to several staffing changes in the Finance Department in order to make deposits or withdrawals of money in the Local Agency Investment Fund on the following account: 98-07-724.

NOW THEREFORE BE IT RESOLVED, that the following City of Richmond officers holding the title(s) specified herein below or their successors in office are hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Delmy Cuellar Finance Director/Treasurer
Wynonna Perez Accountant II
Ana Angel Delgado Accountant Assistant II
BE IT FURTHER RESOLVED, that the City Council of the City of Richmond, California, hereby amends the Changes to L ist of Authorized Signatures to modify to remove Jerry Gurule, Accountant I.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

CC Reso No. ____

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No._____, finally passed and Adopted by the City Council of the City of Richmond at a regular meeting held on ____________.

Clerk of the City of Richmond

February 7, 2023

Library and Community Services

DATE: February 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Ranjana Maharaj, Deputy Director, Community Services-
Recreation
Stephanie Ny, Associate Administrative Analyst

Subject:

Love Your Block (LYB) Mini-Grant Program Fiscal Years
2022-2024
FINANCIAL IMPACT: A total of $80,000 is allocated for the Love Your Block Mini-Grant Awards Fiscal Year (FY) 2022-2024 grant
cycle (01250051-400815-2GI01). Mini-grants will fund
clean-up and beautification projects in the City of
Richmond that will engage resident and community
volunteers.

Ninety percent ($72,000) of the funding will be disbursed in FY 2022-2023, and ten percent ($8,000) of the funding will be disbursed in FY 2023-2024 upon grantee
submission and City staff review and approval of a
complete final report package.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Community Services Department, in partnership with
the City Manager’s Office, Economic Development
Division, is seeking approval of the guidelines and
application of the Love Your Block Mini-Grant (LYB Mini- Grant) program for Fiscal Years 2022-2024.

AGENDA
REPORT

February 7, 2023
RECOMMENDED ACTION:

APPROVE the Fiscal Years (FY) 2022-2024 Love Your
Block Mini-Grant (LYB Mini-Grant) program guidelines,
application, final report, and grant award agreement; and AUTHORIZE the city manager or their designee to
administer grant award agreements and disburse grant
funds upon selection of recipients – Community Services Department (LaShonda White/Stephanie Ny 510-620-
6563).

DISCUSSION:

Since 2015, Community Services Department’s Love Your Block (LYB) program has awarded 49 mini-grants totaling over $185,000 to volunteer-based projects in Richmond. These mini-grants, in addition to other collaborative Love Your Block projects, have engaged over 1,500 resident and community volunteers in cleaning up and beautifying Richmond as well as building neighborhood unity.

A resolution was approved by City Council on December 17, 2019, approving a solid waste Franchise Fee adjustment of a 7.5 percent increase to develop I Heart Richmond.

The funding can be used for: 1) Compliance and enforcement of local and state solid waste reduction and recycling laws; 2) Prevention of litter and blight; and 3) Improving overall environmental quality and health.

A total of $80,000 is allocated for the Love Your Block Mini-Grant Awards Fiscal Year (FY) 2022-2024 grant cycle (01250051-400815-2GI01) for non-profit organizations with 501(c)(3) tax status and organizations utilizing a 501(c)(3) fiscal sponsor. Mini- grants will fund clean-up and beautification projects in the City of Richmond that will engage resident and community volunteers.

Mini-grant awards can be up to $10,000, and the number of awards available is determined based on the amount of each award. Decisions regarding grant awards and amounts are based on a review panel consisting of community volunteers.

The Community Services Department, Recreation Division proposes to release the Love Your Block Mini-Grant Guidelines and Application on February 8, 2023, and applications will be due on Friday, March 3, 2023, at 11:59 p.m.

City staff is requesting approval of the FY 2022-2024 Love Your Block Mini-Grant guidelines, application, final report, and grant award agreement, which will permit City staff to continue with the public release of these documents. The tentative schedule associated with the application is as follows:

February 7, 2023

TASK DATE
Application Release Feb 8, 2023
Virtual Office Hours Feb 2023
Application Deadline Mar 3, 2023
Grant Award Notification End of Mar 2023
Grant Implementation Period Jul 1, 2023 – Apr 30, 2024
Upon selection of the grantees, the Community Services, Recreation division and each organization will enter an agreement, and ninety percent of funds will be distributed in FY 2022-2023. Ten percent of funds will be distributed in FY 2023-2024 upon grantee submission and City staff review of a complete final report.

For more information on the Love Your Block program and to access the application when it becomes available, visit: http://www.ci.richmond.ca.us/3107/Love-Your-Block.

Policy Synergies

The Love Your Block Mini-Grant program supports the direction and implementation of numerous City of Richmond policies and plans, including:

General Plan 2030
 Policy ED1.1 Safe, Well-Maintained Neighborhoods and Public Spaces  Action ED1.B Neighborhood Revitalization Initiative
 Policy ED5.2 Safe and Walkable Streets

Urban Greening Master Plan
 Program 2-B Support urban greening initiatives by citizen action groups while following adopted industry best practices
 Program 3-F Support and encourage use of the City’s tool lending library

Parks Master Plan
 Policy PR2.1 High-Quality, Distinctive Parks
 Policy PR2.2 Safe Public Spaces and Facilities
 Policy PR2.3 Active Use and Natural Surveillance

Climate Action Plan
 Strategy GA1 Support Urban Tree-Planting Programs
 Strategy GA2 Support Local Agriculture and Food Production

February 7, 2023
DOCUMENTS ATTACHED:

Attachment 1 – FY 2022-2024 Love Your Block Mini-Grant Guidelines Attachment 2 – FY 2022-2024 Love Your Block Mini-Grant Application Attachment 3 – FY 2022-2024 Love Your Block Mini-Grant Final Report Attachment 4 – FY 2022-2024 Grantee Award Agreement

FY2022-2024 Love Your Block Mini-Grant Guidelines • Page 1 of 5

FY2022-2024 Love Your Block Mini-Grant Guidelines

BACKGROUND
Since 2015, Love Your Block has awarded 49 mini-grants to volunteer-based projects in Richmond, led by your neighbors and local organizations. The Love Your Block (LYB) Mini-Grant Program is returning again, funded through a partnership between the Community Services Department and the City Manager’s Office, Economic Development.

A resolution was approved by City Council on December 17, 2019, approving a solid waste Franchise Fee adjustment of a 7.5 percent increase to develop I Heart Richmond. The funding can be used for: 1) Compliance and enforcement of local and state solid waste reduction and recycling laws; 2) Prevention of litter and blight; and 3) Improving overall environmental quality and health.

LYB Mini-Grants will fund proposals that improve environmental quality by engaging community volunteers to clean-up and beautify Richmond.

APPLICANT ELIGIBILITY
ELIGIBLE APPLICANTS INCLUDE:
• Organizations utilizing a non-profit fiscal sponsor
• Non-profit organizations with 501(c)(3) tax status
ELIGIBLE APPLICANTS MUST ALSO MEET THE FOLLOWING CONDITIONS:
• Have an Active status in the California Secretary of State Business Search • Did not receive a Love Your Block Mini-Grant award during the previous (FY2021-2023) Love Your Block Mini-Grant cycle

PROJECT ELIGIBILITY
ELIGIBLE PROJECT AREAS:
• Must occur within the boundaries of City of Richmond
• Must occur in an area that is accessible to the public INELIGIBLE PROJECT AREAS:
• Unincorporated areas
• Areas that encroach on property of other public agencies, including but not limited to CalTrans and BART ➢ Exceptions can be made if applicant submits a signed agreement with the agency with application ELIGIBLE PROJECTS:
• Must promote beautification, sustainability, health and safety, community engagement, and/or creation/improvement of public space
• Must engage at least 10 community volunteers to clean-up and beautify Richmond • Must include at least one (1) community event during which physical clean-up and beautification occurs • Must begin on or after July 1, 2023 and be completed by April 30, 2024

FY2022-2024 Love Your Block Mini-Grant Guidelines • Page 2 of 5 • Ongoing projects are eligible, but funds may not be used to reimburse expenses incurred prior to July 1, 2023
Examples of eligible projects include but are not limited to: community clean-ups (i.e. trash pickup, weed abatement, and/or pruning); ongoing maintenance, revitalization, or expansion of a community garden; creation of a new community garden; public art projects; painting projects; ongoing maintenance, revitalization, or expansion of Little Free Libraries; and installation of new Little Free Libraries.

ELIGIBLE USES OF GRANT FUNDS
Grant requests may be up to $10,000. Grant requests exceeding $10,000 will automatically be disqualified.

ELIGIBLE COSTS:
• Grant requests up to $10,000
• Project supplies and materials, including food for volunteers • Rental/facility fees, permits (e.g. road closure, traffic control, food), insurance • Fiscal sponsorship fees, if applicable – up to 10% of your grant request • Administration fees – up to 10% of your grant request • Stipends, professional services – up to 30% of your grant request, eligible on case-by-case basis ➢ Gift cards are not eligible
All other costs are ineligible.

MINI-GRANT AWARD AMOUNTS & PAYMENT PROVISIONS
A total of $80,000 is available for the FY2022-2024 mini-grant cycle. Grant awards can be up to $10,000, and the number of grant awards available will be determined based on the amount of each award. There is no minimum grant award.

Grant awards will be paid in a ninety percent (90%) up-front installment in June and July 2023. Ten percent (10%) will be disbursed upon completion of the project and submission of a complete final report package.

APPLICATION INSTRUCTIONS & REQUIREMENTS
The Love Your Block Mini-Grant Application is available online at www.richmondloveyourblock.org.

Applications will be accepted until Friday, March 3, 2023 at 11:59 pm.

Application packages must be submitted through the online application portal at www.richmondloveyourblock.org. E-mailed, mailed, faxed, or in-person applications will not be accepted.

Applications must be submitted in a readable PDF or Word format (scanned files are not accepted), and budget proposals must be submitted in Excel format. Supplemental files may be submitted in non-readable formats.

The following materials must be submitted as part of a completed application package:
• Completed application (all sections completed and questions answered) • Completed budget proposal
• Project site photo
• Proof of 501(c)3 status (Non-Profit Status Determination letter from the IRS)* • City of Richmond W-9 form*, if applicant does not have an active vendor number • Vendor Supplemental Questionnaire*, if applicant does not have an active vendor number • Signed Letter of Permission from property owner, if proposal takes place on private property • Signed agreement with a public agency, if proposal encroaches on non-City public property

FY2022-2024 Love Your Block Mini-Grant Guidelines • Page 3 of 5 • Signed agreement between the organization and the fiscal sponsor, if applicable ITEMS MARKED WITH AN * MUST BE COMPLETED BY YOUR FISCAL SPONSOR IF YOU ARE USING ONE.

Note: City staff will confirm that the organization has filed the required document(s) in California and is authorized to carry out its business activities (California Secretary of State - https://businesssearch.sos.ca.gov/). Applications submitted by organizations not identified with “active” status may be disqualified.

Applications that fail to include these documents or fail to meet eligibility requirements will be disqualified.

APPLICATION REVIEW & SCORING
The selection process is as follows:

1. City staff review applications for satisfaction of application and eligibility requirements. Only complete and eligible applications proceed to the next step.

2. Complete and eligible applications are forwarded to a review committee. The review committee consists of community volunteers. Applications will be evaluated and scored using the criteria listed below:

Proposed Project (Total: 5 Pts)
● Project will physically clean-up/beautify Richmond
● Project promotes beautification, sustainability, health and safety, community engagement, and/or creation/improvement of public space ● Clear description of proposed project
● Project goal relates to clean-up and beautification
● Includes community events for physical clean-up and beautification by volunteers ● Project can realistically be completed by April 30, 2024 Neighborhood Engagement (Total: 5 Pts)
● Realistic metric goals
● Clear plan to recruit at least 10 volunteers
● Clear plan to involve residents, community members, organizations, and/or businesses outside of current network
● Utilizes a variety of community outreach methods
● Has received or will seek community input on elements of the project ● Clear plan to engage community safely given pandemic
Proposed Budget (Total: 5 Pts)
● Budget items correspond to project proposal
● Budget is reasonable for the project
BONUS: Project Site (Total: 1 Pt)
● Project will take place in a City of Richmond park, including Richmond Greenway

3. Application scores will be averaged across review committee members. Funding is awarded based on the highest average scores. Proposals will be fully funded unless there is insufficient funding for the lowest- scoring awarded proposal, in which case partial funding will be awarded.

All scores are final. There is no grievance process. Copies of scores can be provided to applicants upon request.

GRANT REQUIREMENTS
If you are selected to receive a mini-grant, you will be required to:

FY2022-2024 Love Your Block Mini-Grant Guidelines • Page 4 of 5 • Sign and submit a Grant Award Agreement** by April 19, 2023 outlining terms and conditions of accepting the grant, which will include, but is not limited to:
➢ Attending a grantee orientation in June 2023.
➢ Taking and submitting before, during, and after photos of the project. ➢ Having all volunteers participating in the project sign the City of Richmond Liability and Waiver and providing the same to City of Richmond in the final report package. ➢ Obtaining additional approvals and/or permits from City departments, commissions, or City Council as necessary.
➢ Maintaining records to show and account for use of grant funds, and submitting copies of all receipts, checks, or other payments made with the grant funds in the final report. ➢ Tagging City of Richmond social media accounts in social media content. ➢ Acknowledging the City of Richmond in all content using provided logos and mentioning City of Richmond in all media contacts associated with the project. ➢ Submitting a comprehensive final report package about your project that will include a questionnaire, metrics report, budget report, copies of all receipts, copies of all signed waivers, photos, and outreach materials.
• Provide proof of insurance as outlined in City of Richmond Insurance Requirements by April 19, 2023.

Fiscal sponsors must have insurance that covers all actions of the sponsored organization/individual. • Obtain a City of Richmond business license by April 19, 2023 if your mini-grant award exceeds five thousand dollars ($5,000.00), or if your entity makes more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year.
**If you are an organization utilizing a fiscal sponsor, your fiscal sponsor must sign the Grant Award Agreement, obtain a business license if applicable, and provide proof of insurance by these dates.

If your application includes long-term or permanent improvements to City property, you may be required to do any or all of the following: submit and receive an approved Adopt-a-Spot Application, present to and receive approval from the Recreation and Parks Commission, and present to and receive approval from other City departments, commissions, or Richmond City Council, which may add considerable time to your project If your application includes public art on City property, you may be required to adhere to Public Art Policies in the City and present the concept design to the Public Arts Advisory Committee and/or Richmond Arts & Culture Commission for approval prior to installation.

IMPORTANT DATES
IMPORTANT: PLEASE NOTE TIMEFRAMES FOR RECEIPT OF DOCUMENTS. FAILURE TO ADHERE TO THESE DEADLINES WILL RESULT IN FORFEITURE OF YOUR MINI-GRANT. ITEMS MARKED WITH AN * MUST BE SUBMITTED BY OR ON BEHALF OF YOUR FISCAL SPONSOR IF YOU ARE USING ONE.

Deadline – Application, Budget Proposal, Site Photo, Proof of 501(c)3 Status*, W-9 Form*, Vendor Supplemental
Questionnaire*, Signed Letter of Permission from Property Owner, Fiscal Sponsorship Agreement*
11:59 pm, Friday March 3, 2023
E-mail Award Notification to Mini-Grantees Friday March 24, 2023 Deadline - Verbal/Written Acceptance of Mini-Grant Friday March 31, 2023 Mini-Grant Award Agreements, Requests for Business Licenses and Insurance Distributed to Mini-Grantees
Beginning of April 2023
Deadline - Signed Mini-Grant Award Agreement*,
Business License*, and Insurance*
Wednesday April 19, 2023
Public Announcement of Mini-Grantees June 2023

FY2022-2024 Love Your Block Mini-Grant Guidelines • Page 5 of 5 Mini-Grant Funds (90%) Disbursed June/July 2023
Mini-Grant Term Begins/Activities and Expenditures Begin Saturday July 1, 2023 Mini-Grant Activities and Expenditures End Tuesday April 30, 2024 Deadline – Completed Final Report Documents Wednesday May 31, 2024 Mini-Grant Funds (10%) Disbursed June/July 2024
QUESTIONS?
For inquiries or clarification regarding this program or application, please contact Love Your Block, Community Services Department at [email protected] or 510-620-6563.

One-on-one Zoom office hours are highly recommended to assist you with your application. Please check the Love Your Block website for more information at www.richmondloveyourblock.org. Frequently Asked Questions (FAQ) will also be posted to the Love Your Block website on a rolling basis.

1 Submit your completed application package online at www.richmondloveyourblock.org by 11:59 pm on Friday, March 3, 2023.

E-mailed applications will NOT be accepted.

Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.

FY2022-2024 Love Your Block Mini-Grant Application
HANDWRITTEN APPLICATIONS WILL NOT BE CONSIDERED.

APPLICATION PACKAGE DEADLINE: 11:59 PM ON FRIDAY, MARCH 3, 2023 SECTION 1: APPLICANT INFORMATION
Please select your applicant type:
☐ Organization utilizing a non-profit 501(c)3 fiscal sponsor – must complete Sections 1, 2, 3, 4, 5, 6 ☐ Non-profit organization with 501(c)3 status – must complete Sections 1, 3, 4, 5, 6 Organization Name: Organization Name
Organization Address: Address, City, State, Zip
Executive Director First Name: First Name Executive Director Last Name: Last Name Executive Director Phone: Phone Executive Director E-mail: E-mail Project Manager First Name: First Name Project Manager Last Name: Last Name Project Manager Phone: Phone Project Manager E-mail: E-mail SECTION 2: FISCAL SPONSOR INFORMATION
LEAVE THIS SECTION BLANK IF YOUR APPLICANT TYPE IS “NON-PROFIT ORGANIZATION WITH 501(C)3 STATUS”.

Note: Please review the Mini-Grant Information prior to beginning your application to fully understand the documents your fiscal sponsor will need to provide and documentation deadlines your fiscal sponsor will need to follow.

Fiscal Sponsor Organization Name: Fiscal Sponsor Organization Name Executive Director First Name: First Name Executive Director Last Name: Last Name Organization Address: Address, City, State, Zip
Phone: Phone E-mail: E-mail
SECTION 3: PROJECT DESCRIPTION
Project Title: Project Title
Project Summary (100 words or less):

Enter text

Project Budget: Project Budget
Grant Amount Requested (up to $10,000): Amount Requested Project Start Date (must be July 1, 2023 or later): Click here to select a date.

Project End Date (must be April 30, 2024 or earlier): Click here to select a date.

2 Submit your completed application package online at www.richmondloveyourblock.org by 11:59 pm on Friday, March 3, 2023.

E-mailed applications will NOT be accepted.

Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.

Project Site Address: Address, City
Is the Project Site…
• A City of Richmond Park or Trail (i.e. Richmond Greenway)? Select Yes or No • Accessible by the public? Select Yes or No
• Within the boundaries of the City of Richmond? Select Yes or No • Encroaching on property of a public agency other than City of Richmond (i.e. CalTrans, BART)? Select Yes or No
If “Yes”, you must submit proof of a pre-existing agreement with the agency or your application will be disqualified.
• On private property? Select Yes or No
If “Yes”, you must submit a signed Letter of Permission from the property owner authorizing the project.

If your organization owns the property, you must still submit a letter.

How many community events will be part of your project? # of community events Describe your Love Your Block Mini-Grant project proposal. Be sure to include the details of your community events.

Enter text

What is the overall goal of your Love Your Block Mini-Grant project? Enter text

3 Submit your completed application package online at www.richmondloveyourblock.org by 11:59 pm on Friday, March 3, 2023.

E-mailed applications will NOT be accepted.

Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.

What metrics/data will you gather to show the impact of your project? List at least 3.

Enter text

SECTION 4: VOLUNTEER & NEIGHBORHOOD ENGAGEMENT
List any individuals or entities you will be partnering with for this mini-grant and provide their role.

Enter text

How many volunteers will be recruited for your project? # of volunteers What will be the role of volunteers in your project?
Enter text

How will you involve resident volunteers, community members, organizations, and/or businesses outside of your current network?
Enter text

What community outreach methods will you use to recruit volunteers for and publicize your project? Enter text

What measures will you take to prevent the spread of COVID-19 during the course of your project? Enter text

4 Submit your completed application package online at www.richmondloveyourblock.org by 11:59 pm on Friday, March 3, 2023.

E-mailed applications will NOT be accepted.

Questions? E-mail [email protected], call 510-620-6563, or visit www.richmondloveyourblock.org.

SECTION 5: BUDGET
Complete your budget proposal using the provided Excel template and submit it with your application.

SECTION 6: ACKNOWLEDGMENT
By submitting this application, the applicant acknowledges the following:
• Applicant has thoroughly read and understands the Love Your Block Mini-Grant Guidelines, Love Your Block Mini-Grant application questions, and the City of Richmond and Community Services Department requirements.
• All questions contained in the application have been answered and the following required documents are included as part of the application packet (check all boxes):
☐ Completed application (all sections completed and questions answered) in readable PDF or Word format (scanned files are not accepted)
☐ Budget proposal in Excel format
☐ Project site photo showing current condition of the project site ☐ Proof of 501(c)(3) status (Non-Profit Status Determination letter from the IRS) • The following documents are included in the application packet as needed (check applicable boxes):
☐ City of Richmond W-9 form for the 501(c)3 organization if the applicant does not have an active vendor number with the City of Richmond
☐ Vendor Supplemental Questionnaire if the applicant does not have an active vendor number with the City of Richmond
☐ Signed Letter of Permission from property owner, if proposal takes place on private property ☐ Signed agreement with a public agency, if proposal encroaches on non-City public property ☐ Signed agreement between the organization and the fiscal sponsor, if applicable • Applicant’s organization will obtain comprehensive background checks and/or finger printing of all employees and/or volunteers that work directly with youth or such other vulnerable populations. (For applicable organizations requesting funds to support an existing or new youth program and/or program that works with other vulnerable populations); and
• The information included as part of this application is true and accurate.

Applicant Name Organization Name
Applicant Name (Type) Organization Name

Click to enter a date
Date

SECTION 5: BUDGET
Item # Item or Category Description/Purpose of Item Cost Quantity To tal Cost 1 -$ 0 - $
2 -$ 0 - $
3 -$ 0 - $
4 -$ 0 - $
5 -$ 0 - $
6 -$ 0 - $
7 -$ 0 - $
8 -$ 0 - $
9 -$ 0 - $
10 -$ 0 - $
11 -$ 0 - $
12 -$ 0 - $
13 -$ 0 - $
14 -$ 0 - $
15 -$ 0 - $
16 -$ 0 - $
17 -$ 0 - $
18 -$ 0 - $
19 -$ 0 - $
20 -$ 0 - $
Total Amount Requested: - $
Complete the budget form below. Be as detailed as possible. Thoroughly review the Mini-Grant Guidelines for information on eligible and ineligible costs, and contact Love Your Block staff if you have any questions. Ineligible expenses will result in disqualification. Line item categories with lump sum estimates are accepted. Round, even numbers are preferred. Click on the "Sample Budget" tab below to see a sample budget for a small planter box project.

Submit all documents electronically to [email protected] by May 31, 2024.

FY 2022-2024 Love Your Block Mini-Grant Final Report

First Name: First Name L a s t N a m e : Last Name
Organization Name: Organization Name Date of Report: Click to enter a date Grant Start Date: Click to enter a date Grant End Date: Click to enter a date SECTION 1: PROJECT REPORT

1. What was your original Love Your Block Mini-Grant project proposal and goal? Enter text

2. Describe the final outcome of your project.

Enter text

3. Comment on additional outcomes not directly associated with the project’s objectives (e.g. partnerships formed, additional funding support gained).

Enter text

4. How did you conduct outreach and publicity?
Enter text

5. How did your Love Your Block Mini-Grant impact the Richmond community? Enter text

6. How did volunteers serve the community through your Love Your Block Mini-Grant? Enter text

7. What challenges did you encounter?
Enter text

8. What lessons did you learn through the Love Your Block Mini-Grant program? Enter text

9. What suggestions do you have to offer to improve the Love Your Block Mini-Grant program? Enter text

Submit all documents electronically to [email protected] by May 31, 2024.

SECTION 2: METRICS REPORT
Please complete the metrics report form below. If you do not know the exact numbers, enter your best estimate. You may also enter other metrics you collected at the bottom of the form.

Metric Unit of Measurement
T r a s h B a g s F i l l e d b a g s f i l l e d L i t t e r R e m o v e d p o u n d s r e m o v e d C o m m u n i t y E v e n t s c r e a t e d
T r e e s P l a n t e d t r e e s p l a n t e d T r e e s / S h r u b s P r u n e d t r e e s / s h r u b s p r u n e d A r t D i s p l a y s C r e a t e d a r t d i s p l a y e d c r e a t e d L o t C l e a n - U p s l o t s c l e a n e d
P a r k C l e a n - U p s p a r k s c l e a n e d V o l u n t e e r s R e c r u i t e d r e c r u i t e d H o u r s o f V o l u n t e e r S e r v i c e t o t a l h o u r s s e r v e d G a r d e n s C r e a t e d c r e a t e d
G a r d e n s R e v i t a l i z e d r e v i t a l i z e d S e e d s / P l a n t s P l a n t e d s e e d s / p l a n t s p l a n t e d S q u a r e F o o t a g e o f P l a n t s P l a n t e d s q u a r e f e e t S q u a r e F o o t a g e o f S p a c e P a i n t e d s q u a r e f e e t R e s i d e n t s R e a c h e d ( v i a f l i e r s , s o c i a l m e d i a ) r e s i d e n t s r eached Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric
Other: Enter custom metric Enter custom metric

Submit all documents electronically to [email protected] by May 31, 2024.

SECTION 3: BUDGET REPORT
Complete your budget report using the provided Excel template and submit it with your final report package.

SECTION 4: ADDITIONAL ATTACHMENTS REQUIRED
Please send the following along with your Final Report. Final Reports that do not include the below are considered incomplete. You may include a link(s) to Google Drive folders, Dropbox, or other sites where your files can be downloaded if your file sizes are too large for e-mail. Please use separate folders to distinguish between each of the following.
☐ Copies of all receipts, checks, and other payments made with the grant funds. Please combine into one PDF document. Please review the budget report instructions on how to organize and label your payment records. ☐ Copies of all signed City of Richmond Liability and Waivers from the project. Please combine into one PDF document per event. If you held 3 events, you should submit 3 PDF documents. ☐ Individual files (PNG or JPG only) of before, during, and after photos of your project site. (You may include a link to a Google Drive folder, Dropbox, etc. where all files can be downloaded in the space below.) ☐ Files for or web links to outreach and publicity materials developed for the project. (If sending web links, they may be typed below.)
If applicable, enter links to Google Drive folders, Dropbox, or other sites where your files can be downloaded.

Please use separate folders for the different types of files (i.e. receipts; waivers; photos; outreach and publicity materials).

In this space, you may also enter web links to outreach and publicity materials developed for the project in lieu of files.

SECTION 3: BUDGET REPORT
Record # Description Cost Approved Cost
1- $
2- $
3- $
4- $
5- $
6- $
7- $
8- $
9- $
10 - $
11 - $
12 - $
13 - $
14 - $
15 - $
16 - $
17 - $
18 - $
19 - $
20 - $
21 - $
22 - $
23 - $
24 - $
25 - $
26 - $
27 - $
28 - $
29 - $
30 - $
PREPARE YOUR PAYMENT RECORDS:

1. Organize your payment records by date.

2. Clearly label each payment record with a number. The earliest dated payment record will be labeled with 1, and the last payment record will be the highest number.

3. Scan all of your payment records into one PDF file for your final report package.

FILL OUT THE BUDGET REPORT:

1. Enter your payment record numbers in order in Column A: Record # . This will allow staff to easily reference a payment record if we have any questions or concerns as we review them.

2. Enter a brief description of what you paid for in Column B: Description.

3. Enter the amount in Column C: Cost.

4. Your total cost will automatically calculate.

5. You will not be filling in any of the grey or blue cells.

6. If you have more than 50 payment records, you may need to complete a second form.

7. Submit this document in Excel format as part of your final report package.

31 - $
32 - $
33 - $
34 - $
35 - $
36 - $
37 - $
38 - $
39 - $
40 - $
41 - $
42 - $
43 - $
44 - $
45 - $
46 - $
47 - $
48 - $
49 - $
50 - $
TOTAL: -$ - $
GRANT BUDGET:

AVAILABLE: -$ - $
AMOUNT PAID UPFRONT (90%):

TOTAL APPROVED EXPENDITURES: -$
AMOUNT TO BE RETURNED: -$

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

Department: Community Services - Recreation Project Manager: Stephanie Ny Project Manager E-mail:
[email protected]
Project Manager Phone No.:
510-620-6563
PR No: Vendor No: P.O./Contract No:

Grant Program: FY 2022-2024 Love Your Block Mini-Grant
Project Name:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: E-mail:

Business License No: Expiration Date:

Grant Term: July 1, 2023 – June 30, 2024 Grant Award:

Date

Dear «Name/Company»,

Congratulations! We are pleased to inform you that your project has been selected for a Love Your Block Mini-Grant in the amount of $«Amount».

This letter outlines the terms and conditions of accepting the grant. Please read this letter carefully, sign and return this signed award agreement by no later than 5 p.m., Wednesday, April 19, 2023. If you are an organization utilizing a fiscal sponsor, this grant agreement must be read and signed by a the Executive Director of the fiscal sponsor organization.

Our offer of this grant is subject to your agreement to:

1. Use the grant funds only as specified in the approved grant proposal. Written approval must be received for budget adjustments.

2. Expend grant funds only during the grant activities term of July 1, 2023 through April 30, 2024.

The only authorized uses of funds prior to the grant activities term are a business license if required due to your grant award and insurance related to this grant award required by Attachment B. Authorization shall automatically be granted provided that the grantee meets all required deadlines specified in this agreement.

3. Maintain your records to show and account for the uses of grant funds, and submit copies of all receipts, checks and other payments made with the grant funds in the Final Report.

4. Allow City of Richmond access to records to verify grant expenditures and activities at any time during or after the grant term.

5. Provide written acknowledgment of receipt of grant fund payment.

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

6. Repay any portion of the funds not used for the specified purposes.

7. Refrain from use of the funds for any purpose prohibited by law or not set forth in grant agreement.

8. Cooperate with any efforts of City of Richmond to publicize the grant award.

9. Comply with reasonable requests for information about mini-grant activities.

10. Obtain additional approvals and/or permits from City departments, commissions, or City Council as necessary, to be determined by City of Richmond upon execution of this grant agreement.

11. Take and submit before, during, and after photos of the project and authorize the City of Richmond to utilize and publish the same.

12. Meet terms and conditions specified in Attachment A attached hereto and incorporated herein by this reference.

13. Have all volunteers participating in the project sign the City of Richmond Liability and Waiver prior to their performing any services related to the project and provide copies of the same to the City in the Final Report package.

14. Attend a grantee orientation in June 2023, date and time to be determined.

15. No later than 5 p.m., Wednesday, April 19, 2023, obtain or show proof of a City of Richmond business license if your mini-grant award exceeds five thousand dollars ($5,000.00), or if your entity makes more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year.

16. No later than 5 p.m., Wednesday, April 19, 2023, provide proof of insurance as set forth in Attachment B, Insurance Requirements for Vendors, Suppliers, Small Grant Recipients and Non- profit Organizations, which is attached hereto and incorporated herein by this reference.

PUBLICITY
The grantee shall include “Funded by a Love Your Block Mini-Grant from the City of Richmond City Manager’s Office, Economic Development and Community Services Department” in all content created regarding the project, including but not limited to press releases, news conferences, other media contacts, brochures, announcements, flyers, manuals, reports, etc. The grantee shall additionally utilize all provided logos in all design materials such as brochures, flyers, social media graphics, t-shirts, banners, etc. The grantee shall also tag all of the following City of Richmond social media accounts (@richmondcsd and @richmondloveyourblock on Instagram and Facebook; @RichmondEH on Facebook) in social media content. Public artwork must provide credit to the funding source with, “Funded by Love Your Block and City of Richmond”.

FINAL REPORT
A complete Final Report package for the project shall be e-mailed to [email protected] no later than 5 p.m. May 31, 2024. A complete Final Report package is defined as a Final Report with all fields and questions completed, Metrics Report and Budget Report completed, and additional attachments provided including copies of all receipts, checks and other payments made with the grant funds; copies of all signed City of Richmond Liability and Waivers for the project; files of before, during, and after photos of the project site; and files for or web links to outreach and publicity materials developed for the project. An incomplete Final Report package is a breach of the terms and conditions of this grant agreement.

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

PAYMENT TIMELINE
90% of awarded funds shall be disbursed by June 30, 2023. 10% of awarded funds shall be disbursed by June 30, 2024 upon grantee completion of the project and grantee submission of a completed Final Report package. The City of Richmond will review the Final Report package to verify the Final Report is considered complete.

RIGHTS TO MODIFY OR REVOKE
The City of Richmond reserves the right to discontinue, modify, or withhold any payments to be made under this grant award or to require a total or partial refund of any grant funds if, in the City of Richmond’s sole discretion, such action is necessary: (1) because you have not fully complied with the terms and conditions of this grant; (2) to protect the purpose and objectives of the grant or any other charitable activities of the City; or (3) to comply with the requirements of any law or regulation applicable to you, the City or this grant.

If the City of Richmond does not receive the required documents specified in this agreement by 5 p.m., April 19, 2023, this grant may be revoked. If the grantee agrees to these terms, please have the Executive Director sign and return one copy of this letter. We appreciate being able to assist you with your efforts.

ACCEPTED AND AGREED TO:

Organization Name Date
(Fiscal Sponsor of Applicant, if applicable)

Executive Director (PRINT) Executive Director (SIGNATURE)

CITY OF RICHMOND:

Deputy Director of Community Services-Recreation Date

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

Attachment A – Scope of Work
The GRANTEE’s approved grant application is attached hereto and incorporated herein by this reference.

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

Attachment B – Supplemental Conditions

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

2. This grant shall automatically terminate when the total accumulated compensation granted to the grantee under this grant reaches the amount of the grant set forth in the first paragraph of the grant award letter. The City shall not be responsible for compensating the grantee for any amounts in excess of the grant award.

3. Either the City or the grantee may cancel this grant at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the grantee shall return any portion of the grant funds not used.

4. The grantee shall not assign this grant, or any part thereof, or any right of the grantee hereunder without the prior written consent of the City at the City’s sole and absolute discretion.

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

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

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

8. If this grant does exceed five thousand dollars ($5,000.00), or if the grantee does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of Richmond business license shall be obtained before any payment under this grant shall be authorized and the business license must be kept current during the term of this grant.

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

Attachment C – Special Conditions
GRANTEE shall adhere to the Love Your Block Mini-Grant Guidelines which are attached hereto and incorporated herein by this reference.

3230 Macdonald Ave, Richmond, CA 94804-3012
Telephone: (510) 620-6793 • Fax: (510) 620-6583 • www.richca-communityservices.org

COMMUNITY SERVICES DEPARTMENT

Attachment D – Insurance Provisions

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

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, 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, 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, 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)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

General Liability
(primary and excess limits
combined)
$1,000,000 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).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

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

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)

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. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

SAMPLE ENDORSEMENT 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.

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.

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.

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

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

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

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

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

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

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

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

February 7, 2023

Library and Community Services

DATE: February 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Ranjana Maharaj, Deputy Director, Community Services-
Recreation
Kymberlyn Carson-Thrower, Recreation Supervisor
Subject:

Memorandum of Understanding with R&R Hospitality
Academy for a Culinary Program at the Richmond Senior
Center
FINANCIAL IMPACT: No Fiscal Impact. The value of R & R Hospitality Academy’s partnership is equal to $60,500. The amount
of fees waived by the City for the use of the Richmond
Senior Center kitchen is $19,928. The net value of
partnership in services towards the City of Richmond is equal to $40,572.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Approve the Memorandum of Understanding between the
City of Richmond and R&R Hospitality Academy to
provide senior hot meals by donation to participants
enrolled in programs at the Richmond Annex & Senior
Center in exchange for using the kitchen at the Richmond Senior Center for their culinary program.

RECOMMENDED ACTION:

APPROVE the Memorandum of Understanding between
the City of Richmond and R&R Hospitality Academy,
from January 1, 2023 to October 31, 2023, for a
partnership to provide hot meals by R&R Hospitality to
participants enrolled in programs at the Richmond Annex & Senior Center in exchange for the use of the Senior
Center kitchen – Community Services Department
(LaShonda White/Ranjana Maharaj/ Kymberlyn Carson-
Thrower 510-620-6789).

AGENDA
REPORT

February 7, 2023

DISCUSSION:

On July 19, 2022, the City Council approved the Fee Waiver and Partnership policy and application process to allow for partnering with outside organizations which can provide services that benefit the Richmond community and to provide support to organizations that provide a community service through an equitable process. Based upon this policy, City staff would like to enter into a partnership with R&R Hospitality Academy (R&R) and is bringing forth a Memorandum of Understanding with R&R for use of the kitchen at the Richmond Senior Center located at 2525 Macdonald Avenue to teach a culinary program to Richmond residents free of charge and to provide free meals to the seniors who participate in the nutrition program at the Richmond Annex and the Richmond Senior Center.

As per the below chart, R&R’s contribution towards this program amounts to $60,500.

The amount covers the cost of meals and free training to students who participate in the program. The cost to rent the kitchen would have been $19,928 if R&R were to rent this space for this program. Since this is a partnership between R&R and the City of Richmond, the cost to use the space will be waived. The net value for the City in this partnership amounts to $40,572.

City staff is seeking City Council approval to waive the fees associated with using this space for this program and to approve the partnership Memorandum of Understanding between R&R Hospitality Academy and the City of Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING

CITY OF RICHMOND IN PARTNERSHIP WITH

R & R HOSPITALITY ACADEMY

This Memorandum of Understanding, hereafter referred to as “MOU” constitutes the agreement between the City of Richmond , hereafter refer red to as “City ”, and R & R Hospitality Academy , he reinafter referred to as “Partner” (each a “Party” and collectively the “Parties”), regarding the use of Senior Center Richmond Commercial Kitchen for teaching and preparing of donated hot meals to Annex / Senior Center Richmond Seniors.

This MOU follows an MOU between the City and R & R Hospitality Academy in which donations of hot meals will be made to Annex / Senior Center Richmond Seniors in exchange for use of Commercial Kitchen at Senior Center Richmond facility. CSD-Recreation Division Staff will provide a list of seniors to receive hot nutritious meals each week. R & R Hospitality will distribute meals on designated days each week from Senior Center Richmond site. This MOU establishes workflow and accountability for the days/times of usage for training and preparation & number of meals provided that the Partner prepares as donations, hereinafter referred to as “Donations”, from R & R Hospitality Academy in partnership with the City.

Section 1. Parties:

City of Richmond (“City”)
3230 Macdonald Avenue
Richmond, CA 94804
(510) 620-6793

Phillip Mitchell, Owner Operator
R & R Hospitality Academy (“Partner”)
4741 Cypress Avenue
Richmond, CA 94804
(628) 269-7003 or (415) 875-0786
Email: [email protected]
Website: https://www.rrhospitalityacademy.net

Section 2. Term of Agreement:

The effective date of this Memorandum of Understanding is February 8, 2023 with a term ending date of October 1, 2023. The program will be reviewed by the CSD-Recreation Partnership Team for extension by September 1, 2023.

This MOU will remain in effect until terminated in writing by either Parties for any or no reason or otherwise for convenience with at least 14 calendar days advanced written notice prior to the date such Party deems is the date of termination of this MOU.

2 Section 3. Scope of Services:

This MOU reflects the partnership between the City and R & R Hospitality Academy, whereby the City will allow R & R Hospitality to use a commercial kitchen to serve hot meals to seniors in accordance with the terms set forth below.

The City agrees to:
• Allow R & R Hospitality Academy to use the kitchen facilities located at Senior Center Richmond, 2525 McDonald Avenue, Richmond, CA 94804 on Wednesdays & Thursdays from 9:00 AM – 2:00 PM. The City will not charge R & R Hospitality Academy any money for the use of the kitchen facility.
• Assist as needed with distribution of senior hot meals for Annex/Senior Center only. • Create a flyer / weekly list of hot meal pickups not to exceed 60 meals.

The Partner agrees to:
• Provide nutritious chef prepared meals to seniors who attend both Annex / Senior Center Richmond sites. Meals will be provided at no charge to City or senior participants while using commercial kitchen.
• Have students of R & R Hospitality Academy (ages 18-36) as part of Community Outreach to prepare and serve meals as required.
• Fund all meals; take out packaging, food supplies as needed. • Keep kitchen facility clean, sanitized and sterilized on Wednesdays & Thursdays from 9:00 AM – 2:00 PM.

Section 4. Modifications:

This MOU may not be amended, modified, or altered by either Party, and no waiver of any term or condition shall be effective, unless set forth in writing and signed by an authorized representative of the Party to be bound. If any provision of this MOU is held invalid, illegal or unenforceable, such invalidity shall not invalidate the entire MOU, and the validity, legality, and enforceability of the remaining provisions of the MOU shall not in any way be affected or impaired thereby.
• Information Changes: Each Party shall submit any information changes pertaining to it to the other Party if different from the information stated on the original MOU.

Section 5. Authorized Representative

1. City hereby designates as its Authorized Representatives the Identified Personnel whose names and contact information is as follows:

Kymberlyn Carson-Thrower
City of Richmond, CSD-Recreation
3230 Macdonald Avenue, Richmond, CA 94804
510-620-6789
[email protected]

3 2. Partner hereby designates as its Authorized Representative the Identified Personnel whose name and contact information is as follows:

Phillip Mitchell, Owner Operator
R & R Hospitality Academy (“Partner”)
4741 Cypress Avenue
Richmond, CA 94804
(628) 269-7003 or (415) 875-0786
Email: [email protected]
Website: https://www.rrhospitalityacademy.net

Section 6. Indemnification:

This indemnification obligation shall survive this Memorandum of Understanding and shall not be limited by any term of any insurance policy required under this Memorandum of Understanding.

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

Section 7. Insurance:

Partner shall submit to City evidence of and keep current the insurance coverage meeting the general requirements set forth in Exhibit A “Insurance Requirements.”

Section 8. No Third Party Beneficiaries:

There shall be no third-party beneficiaries to this MOU.

Section 9. Applicable Law

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

4 Section 10. Entire Understanding of the Parties:

This MOU constitutes the entire understanding and agreement of the parties with respect to the services to be provided hereunder.

Section 11. Multiple Originals; Counterpart:

This MOU may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.

In witness whereof, the Parties hereto hereby execute this Memorandum of Understanding:

CITY OF RICHMOND: PARTNER: R&R HOSPITALITY

ACADEMY

Mayor Date Philip Mitchell, Owner Operator
Date________________________________

Approved as to form:

____________________________
City Attorney

Attest:

____________________________
City Clerk

___ Exhibit A
___ Section 7
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, 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, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
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.

___ Exhibit A
___ Section 7
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

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

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
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.

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 but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

___ Exhibit A
___ Section 7
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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 and Builder’s Risk/ Course of Construction coverage 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.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made 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.

___ Exhibit A
___ Section 7
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

February 7, 2023

Library and Community Services

DATE: February 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Christopher Larsen, Administrative Librarian

Subject:

Disposition of the Library Book Van as a Donation to the Richmond Public Library Foundation
FINANCIAL IMPACT: Disposition of fixed asset valued at $10,875 (400705- 29Z01).

PREVIOUS COUNCIL
ACTION:

July 15, 2014

STATEMENT OF THE
ISSUE:

The Library Book Van, which has had a problematic
service history, has been vandalized and rendered
inoperable. Due to the cost to repair and continued
inability to securely store the vehicle, the Richmond
Public Library Foundation, which donated all funding for the vehicle’s purchase, has requested donation of the
vehicle so that the Foundation may recoup some of the
vehicle’s value.

RECOMMENDED ACTION:

ADOPT a resolution authorizing a donation of the Library Book Van, a Mercedes-Benz Sprinter 2500 Cargo Van, to
the Richmond Public Library Foundation, a 501(c)(3)
organization which donated funding for the purchase of
the vehicle to the City in 2014; and AUTHORIZE the city manager or designee to execute this disposition of the
vehicle – Community Services Department (LaShonda
White/Christopher Larsen 510-620-5524).

DISCUSSION:

AGENDA
REPORT

February 7, 2023

City staff is bringing forth a resolution for City Council approval authorizing a donation of the Library Book Van, a Mercedes-Benz Sprinter 2500 Cargo Van, to the Richmond Public Library Foundation, a 501(c)(3) organization which donated funding for the original purchase of the vehicle to the City (Attachment 1). In 2014, the Richmond Public Library Foundation (Foundation) donated $68,000 to the City for the purchase of a used 2010 Mercedes-Benz Sprinter 2500 Cargo Van for service as a Book Van, primarily providing service to senior residential facilities. This donation was accepted, and the purchase authorized at the July 15, 2014, City Council meeting (Attachment 2).

The donated van was already configured as a book van but was not fully adapted to Richmond’s intended service. While the Book Van provided a welcome service at senior facilities, it encountered numerous difficulties. First among these was that as a Mercedes-Benz, the City was not equipped to provide service to the vehicle, necessitating trips to Mercedes-Benz dealerships. Other issues included several aftermarket components that caused battery drain, leading to the disabling of the backup camera and alarm system, a steep ramp that created safety issues for City staff, and problems securing book trucks within the Van.

In the past two years, a lack of secure parking for the Van has led to it being vandalized multiple times. Thefts have included the catalytic converter (twice), the wing mirrors, the multimedia/camera dash console, and the battery. The Van is currently parked at the rear entrance of the main library and is not in service. Due to the extensive service problems and the cost to repair and maintain the vehicle, as well as the continued risk of vandalism due to a lack of secure parking, the Library has designated the vehicle as surplus property.

Discussions between the Library and the Foundation about the issues with the Van and its current state have led the Foundation to request donation of the vehicle, so that the Foundation may recoup some portion of the monetary value donated for the purchase of the vehicle. The Foundation is a 501(c)(3) organization that exists to support the Richmond Public Library and its services to the Richmond community. The current depreciated value of the vehicle is $10,875. The present Kelley Blue Book trade-in value of a comparable vehicle in fair condition is approximately $25,250 (Attachment 3).

This does not account for missing or inoperable components, which will likely decrease the value even further, in line with the depreciated value. The installed book van modifications are outside the scope of the valuation.

The Foundation, which donated all funding for the vehicle’s purchase, has requested the disposition of the vehicle so that the Foundation may recoup some of the vehicle’s value.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – July 15, 2014, City Council Minutes

February 7, 2023
Attachment 3 – Kelley Blue Book valuation

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO APPROVE THE DISPOSITION OF THE LIBRARY BOOK VAN, A 2010 MERCEDES- BENZ SPRINTER 2500, AS A DONATION TO THE RICHMOND PUBLIC LIBRARY

FOUNDATION AND AUTHORIZING THE DIRECTOR OF COMMUNITY SERVICES OR DESIGNEE TO EXECUTE THIS DISPOSITION.

WHEREAS, the Richmond Public Library Foundation donated $68,000 to the City of Richmond in 2014 to fund the purchase of a 2010 Mercedes-Benz 2500 Sprinter Cargo Van for service as the Library Book Van; and

WHEREAS, the Library has provided Book Van services to senior residential facilities during that time and have thoroughly evaluated the performance of the van; and

WHEREAS, a lack of secure parking has resulted in vandalism and thefts from the vehicle that have rendered it inoperable; and

WHEREAS, City staff have determined that repair and return to service is not appropriate for this vehicle and have declared it surplus; and

WHEREAS, the Richmond Public Library Foundation has requested the vehicle to recoup some portion of the donated funds; and

WHEREAS, the Richmond Public Library Foundation is a 501(c)(3) organization existing to support the Richmond Public Library and its services and programs to the Richmond community.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the disposition of the Library Book Van, a 2010 Mercedes-Benz 2500 Sprinter Cargo Van is a donation to the Richmond Public Library Foundation.

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute this disposition.

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

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

cc14Jul15 - ltr

RICHMOND, CALIFORNIA, July 15, 2014
The Richmond City Council Evening Open
Session was called to order at 5:05 p.m.

ROLL CALL

Present: Councilmembers Butt, Boozé,
Myrick, and Mayor McLaughlin. Absent:

Councilmembers Bates, Boozé and Vice Mayor Beckles
arrived after adjourning to Closed Session.

PUBLIC COMMENT

The city clerk announced that the purpose of the
Open Session was for the City Council to hear public
comments on the following items to be discussed in
Closed Session:

CITY COUNCIL

CONFERENCE WITH LEGAL COUNSEL -
EXISTING LITIGATION (Subdivision [a] of
Government Code Section 54956.9):

Parish vs. City of Richmond

CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION (Significant
exposure to litigation pursuant to Subdivision (b) of
Government Code Section 54956.9):

Four cases

CONFERENCE WITH REAL PROPERTY
NEGOTIATOR (Government Code Section
54956.8):

Property: Port of Richmond Terminal One
Agency negotiator: Bill Lindsay
Negotiating party: Terminal One Development LLC
Under negotiation: Price and terms of payment

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CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6):

Agency designated representatives: Bill Lindsay, Lisa
Stephenson, and Bruce Soublet
Employee organizations: Service Employees International Union (SEIU, Local 1021); International Federation of
Professional and Technical Employees (Local 21); Richmond Police Officers Association (RPOA); Richmond Police
Management Association (RPMA); Richmond International
Association of Firefighters (IAFF, Local 188); and Richmond Fire Management Association (RFMA).

There were no public speakers.

The Open Session adjourned to Closed Session
at 5:07 p.m. Closed Session adjourned at 6:45 p.m.

The Regular Meeting of the Richmond City
Council was called to order at 6:58 p.m. by Mayor
McLaughlin.

ROLL CALL

Present: Councilmembers Boozé, Bates, Butt,
Myrick, Rogers, and Mayor McLaughlin. Absent:

Vice Mayor Beckles arrived at 7:01 p.m.

STATEMENT OF CONFLICT OF INTEREST

Councilmember Butt recused himself from Item
H-8.

AGENDA REVIEW

Removed Items H-8, I-2, and I-4 from the
Consent Calendar. A motion by Councilmember Bates,
seconded by Councilmember Boozé, that Item H-8 be
moved to be heard before Open Forum, passed by the
following vote: Ayes: Councilmembers Bates, Boozé,
Myrick, Rogers, and Mayor McLaughlin. Noes: None.

Abstain: Councilmembers Butt and Vice Mayor
Beckles. Absent: None.

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REPORT FROM THE CITY ATTORNEY OF

FINAL DECISIONS MADE AND NON-

CONFIDENTIAL DISCUSSIONS HELD DURING

CLOSED SESSION

City Attorney Bruce Reed Goodmiller reported
that the City Council approved a settlement agreement
in the matter of Parish vs. City of Richmond in favor of Mrs. Parish.

OPEN FORUM FOR PUBLIC COMMENT

Leonard Taylor thanked the city for the 3rd of
July event.

Don Severn reported that Recovery Innovations
will have an open house on July 18, 2014, from 11am to
3 p.m. at 2101 Vale Road, Suite 300, San Pablo.

Dr. Laurel Hodgsen gave comments regarding
the potential partial closure of the hospital and stated that the entire hospital needs to remain open.

Kathy Robinson spoke against all of the money
that Chevron is spending on the election.

Bea Roberson spoke against comments that
Vice Mayor Beckles made towards African Americans
and white people.

Coach Ricky Sampson, Richmond Recreation
Center, gave comments regarding the Richmond
Rockets basketball team and his positive contributions
to the team.

Beverly Ellis, spoke in support of coach Ricky
Sampson, who was wrongfully fired.

Pam Bilbo and Jackie Thompson stated that the
incident that occurred last Tuesday night was provoked
by Vice Mayor Beckles.

Madhu Cajour, Lisa Perry, Mercedes Yiannakis,
Elsa Monroe, Lilly Ailhkihana, Maria Salagun, Mike
Parker, and Texanita Bluitt spoke in support of keeping

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Doctor’s Medical Center open.

Larray Crosley, Jonathan Crosley, Joseph
Harris, Antonio Harris, spoke in support of Coach
Ricky Sampson.

Sharon Sanders stated that the youth in the City
need jobs and activities that they can participate in.

Donna Powers stated that councilmembers need
to be more respectful, dress more professionally, and
not eat at the dais.

June Pangelinan, Writer Coach Connection
volunteer, and Vinay Pimplé stated that the program is
working very well in the Richmond schools and
encouraged others to be writer coaches.

Silvia Ledezma spoke against the elimination of
the Fair Housing Program.

Don Gosney gave comments regarding a phone
survey he received regarding the minimum wage issue
that is to be placed on the ballot.

Millie Cleveland gave comments regarding
SEIU Local 1021 negotiations with the city.

Wesley Ellis stated he will pray for Vice Mayor
Beckles based on her recent actions.

Cheryl Sudduth read the poem “And Still I
Rise” by Maya Angelou.

Rev. Kenneth Davis played audio of an
altercation between Vice Mayor Beckles and himself.

James Austin spoke against layoffs of members
of the Code Enforcement division.

Marilyn Langlois spoke in support of Vice
Mayor Beckles regarding the harassment she has
received.

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Mark Wassberg stated councilmembers should
take a class on love.

Eduardo Martinez stated Chevron should
provide funding to keep Doctor’s Medical Center open.

Councilmember Boozé stated that he would like
to make a comment regarding a statement made by a
member of the audience during open forum.

(8:36 p.m. - Recess – 8:44 p.m. reconvened).

A motion by Councilmember Boozé, seconded by
Councilmember Bates to overturn the Mayor’s decision
to move on to the next item, passed by the following
vote: Ayes: Councilmembers Bates, Boozé, Myrick,
and Rogers. Noes: Vice Mayor Beckles,
Councilmember Butt, and Mayor McLaughlin.

Abstain: None. Absent: None.

(8:46 p.m. recess – 8:51 p.m. reconvened).

Councilmember Boozé stated that the night of
the altercation that occured with Vice Mayor Beckles,
he did not tell the security guard to not call the police.

Vice Mayor Beckles replied that she has the
report from DP Security that says that Councilmember
Boozé told him not to call the police.

SUCCESSOR AGENCY TO THE RICHMOND

COMMUNITY REDEVELOPMENT AGENCY

CONSENT CALENDAR

A motion by Councilmember Butt, seconded by
Councilmember Rogers, adopted Resolution No. 14-9,
by the unanimous vote of the City Council, authorizing
the housing director to negotiate and execute an ERN
with: (1) Miraflores Community Devco., LLC (MCD)
for the purchase and development of market-rate
homeownership units on a 7+ acre portion of the
Miraflores Housing Development site located at South
47th Street and Florida Avenue (Site); and (2)
Community Housing Corporation of North Richmond
(CHDC) and Eden Housing Inc. (Eden) for the

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development of affordable senior housing rental units
on a 1.5 acre portion of the Site.

CITY COUNCIL CONSENT CALENDAR

On motion of Councilmember Butt, seconded by
Vice Mayor Beckles, all items under the City Council
Consent Calendar marked with an (*) were approved by
the unanimous vote of the City Council.

*-Approved an amendment to the lease
agreement with Open Water Partners, LLC for use of
Port property at 1319 Canal Boulevard at the Point
Portrero Marine Terminal, extending the term to June
30, 2017, and increasing the lease payment amount to
$3,750 per month, to be indexed over the lease term by
the change in the Consumer Price Index (CPI).

*-Approved a grant-funded contract with the
Laborers' Community Service and Training Foundation
to provide a series of three Multi-Craft Core
Curriculum (MC3) training cohorts including an
industry recognized certification at the
RichmondBUILD Academy. The contract term will be
September 2, 2014, through June 30, 2016, in an
amount not to exceed $40,000.

*-Approved a grant-funded contract with
Civicorps Schools to provide recruitment, referral and
promotional services in support of the Proposition 39
Clean Energy Job Creation Program for
RichmondBUILD and its grant partners. The contract
term will be September 2, 2014, through June 30, 2016,
in an amount not to exceed $25,000.

*-Approved a contract with Donnoe &
Associates to develop and administer promotional
examinations for Police Sergeant and Police Lieutenant
positions in an amount not to exceed $22,000 for a term of July 15, 2014, to June 30, 2015.

*-Approved a five-year contract with
RouteMatch to continue providing customer support for
scheduling and hardware for the R-Transit (paratransit) Program in an amount not to exceed $101,874 (This

cc14Jul15 - ltr

item was not reviewed by the Finance Committee as it
is time sensitive).

*-Authorized the Library and Cultural Services
Director to ACCEPT a donation from the Richmond
Public Library Foundation (RPLF) in the amount of
$68,000; APPROVE the purchase and outfitting of a
Library Book Van to provide library outreach services
to the community; and APPROVE an amendment to the
Fiscal Year 2014-15 Library Fund revenue and
expenditures.

* -Adopted Resolution No. 61-14, to amend the
Port of Richmond Tariff FMC No. 3 reflecting a 1.8%
increase in tariff rates as adopted by the California
Association of Port Authorities (CAPA) Tariffs and
Practices Committee Members.

The matter to approve the Land Disposition
Agreement (LDA) with Terminal One Development,
LLC (Suzhou Weibang Property Management, LLC)
regarding the disposition of the Terminal One property
(Approval of the LDA does not constitute City Council
approval of the project; the proposed development plan
must be finalized by the Developer; an Environmental
Impact Report (EIR) must also be prepared and certified prior to approval of a final development plan) was
presented by City Manager, Bill Lindsay. The
following individuals gave comments: Kathryn Dienst,
Jim Zahradka, Antwon Cloird, Raymond Landry, and
Bea Roberson. A motion by Councilmember Rogers,
seconded by Councilmember Boozé, approved the item
by the following vote: Ayes: Councilmembers Bates,
Boozé, Myrick, Rogers, Vice Mayor Beckles and
Mayor McLaughlin. Noes: None. Abstain: None.

Absent: Councilmember Butt.

* -Approved an ordinance (first reading)
establishing certain fees for the proposed Master Fee
Schedule (A resolution setting the dollar amount for the new fees and adjusting the dollar amount for current
fees will be presented concurrent with the second
reading of the ordinance).

cc14Jul15 - ltr

*-Approved the minutes of the May 13, 2014,
Special City Council Meeting.

*-Approved a contract with Courtyard by
Marriott Richmond/Berkeley to provide meeting space
and catering services for firefighter interviews in an
amount not to exceed $21,700 for a term beginning July
14, 2014, and ending on July 31, 2014.

*-Approved a two-year contract with United
Site Services, Inc. to provide and service portable toilets in an amount not to exceed $36,000 and for a term from
July 1, 2014, to June 30, 2016.

Approved a legal services agreement with
Trisha A. Aljoe in the amount of $175,000 to provide
continued legal services with respect to the Police
Department in connection with Code Enforcement
activities, drug house abatement matters, and general
legal matters. The term of the contract shall be July 1, 2014, through June 30, 2015 (This items was not
reviewed by the Finance Committee as it is time
sensitive). (Councilmembers Bates and Boozé voted
no).

*-Adopted Ordinance No. 14-14 N.S. setting
the tax rate for the Tax Override Pension Fund for
Fiscal Year 2013-2014 at 0.14%.

*-Received a monthly report on the Richmond
Municipal Sewer District for June 2014.

*-Approved the following appointments and re-
appointments: Police Commission: Glen Stephenson,
re-appointment, term ending November 1, 2015;
Commission on Aging: Christine Caldwell, incumbent,
term ending May 19, 2016; Arts & Culture
Commission: Maryann Maslan, new appointment, term
ending January 31, 2018; Planning Commission:

Roberto Reyes, incumbent, term ending June 30, 2016;
Ben Choi, incumbent, term ending June 30, 2016;
Melvin Willis, incumbent, term ending June 30, 2016;
Andrew Butt, incumbent, term ending June 30, 2016;
Human Rights and Human Relations Commission:

Crystal Johnson, new appointment, term ending March

cc14Jul15 - ltr

30, 2017; Texanita Bluitt, new appointment, term
ending March 30, 2017; Revolving Loan Fund: Vivian
Rahwanji, new appointment, no term expiration.

Continued Consent Calendar Items

On motion of Councilmember Butt, seconded by
Councilmember Myrick, all items under the City
Council Continued Consent Calendar marked with an
(*) were approved by the unanimous vote of the City
Council.

The matter to approve the 2014/2015 North
Richmond Waste and Recovery Mitigation Fee
Expenditure Plan that specifies the activities and the
revenue to support those activities from July 1, 2014,
through June 30, 2015, as recommended by the North
Richmond Waste and Recovery Mitigation Fee Joint
Expenditure Planning Committee was presented. This
item was continued from the June 24 and July 1,
2014, meetings for Council deliberation and
determination only. A motion was made by
Councilmember Butt, seconded by Vice Mayor Beckles,
to approve the item. A substitute motion was made by
Councilmember Bates to approve the item with the
exception of the portion about the Community Benefits
Agreement. (A motion by Councilmember Myrick,
seconded by Vice Mayor Beckles to extend the meeting
to vote on this item. A substitute motion by
Councilmember Rogers, seconded by Councilmember
Myrick to suspend the rules and vote on this item, failed by the following vote: Ayes: Councilmembers Myrick,
Rogers, Vice Mayor Beckles, and Mayor McLaughlin.

Noes: Councilmembers Bates, Boozé and Butt.

Abstentions: None. Absent: None. This item was not
concluded.

*-Adopted Resolution No. 62-14, authorizing
the city manager and police chief to execute recurring
contracts for Fiscal Years 2014-2015, 2015-2016 and
2016-2017 with Contra Costa County and the State of
California at an aggregate annual amount of $551,000.

The execution of these contracts shall not exceed the
limits as set forth: Services contracted with Contra
Costa County include the following: California Law

cc14Jul15 - ltr

Enforcement Telecommunication System (CLETS) -
$10,000; California Identification Division (CAL ID) -
$119,000; Automated Regional Information Exchange
System (ARIES) - $40,000; All County Criminal
Justice Information System (ACCJIN) - $20,000;
Martinez Detention Facility intake fees - $30,000;
Alcohol and toxic drug screening and analysis -
$250,000; Sexual Assault Response Team (SART)
examinations - $40,000; Annual jail inspection and
audit - $18,000; Coroner and Gunshot Residue (GSR)
examination and analysis - $10,000; Out of state inmate extradition - $4,000. The State of California contracted service includes all Live Scan fingerprinting - $10,000.

CONTINUED to the July 29, 2014, City
Council meeting, a resolution allowing the City of
Richmond to levy an assessment on properties subject
to assessment under the Downtown Richmond Property
and Business Improvement District (DRPBID) and
place this levy on the annual 2014-2015 property tax
rolls.

*-Approved the following appointments and re-
appointments to the City of Richmond Boards and
Commissions: Richmond Housing Advisory
Commission: Dolores Johnson, new appointment,
completing an unexpired term ending November 1,
2014; Alicia Carillo, new appointment, completing an
unexpired term ending November 1, 2015; Planning
Commission: Marilyn Langlois, incumbent, term
ending June 30, 2016; Economic Development
Commission: Sandra Naylor, new appointment, term
ending March 30, 2017; Richmond Arts and Culture
Commission: Jenny Balisle, new appointment, term
ending January 31, 2018. (Councilmembers Bates
and Boozé voted no to the appointment of Marilyn
Langlois to the Planning Commission).

Continued Public Hearings

CONTINUED to the July 29, 2014, City
Council meeting, a resolution authorizing the City of
Richmond to levy special assessments against certain
properties having unpaid invoices related to
administrative citations, nuisance abatement costs, and

cc14Jul15 - ltr

foreclosure ordinance fines pursuant to Richmond
Municipal Code Chapters 9.22, 6.38, 9.50 and 2.63.

Continued Resolutions

CONTINUED to the July 29, 2014, City
Council meeting, a resolution limiting the amount of
time that Councilmembers have to ask questions.

Continued Council as a Whole

The matter to direct the city manager to work
with the city attorney and the police chief to provide the Council with possible options on rules and procedures
the Council may adopt for handling disruptions during
the City Council meetings was presented by Vice
Mayor Beckles. Due to the increasing number of
disruptions during Richmond City Council Meetings, a
policy should be enacted that addresses disruptive
behavior and restores an atmosphere conducive to
conducting business. Many cities have found or adopted
means by which to govern the chaos that frequents
public meetings. Examples of policies range from
suspension, charging disruptors with misdemeanors,
and adopting a civility policy through which all public speakers must adhere to when they register to speak
before the council. The following individuals gave
comments: Pam Bilbo, Jackie Thompson, Mike Peritz,
Stephanie Hervey, Kenneth Davis, Amalia Darling, Don
Gosney, Bea Roberson, Jeanne Kortz, Marilyn
Langlois, Jim, Kathleen Zahradka, Mike Parker, Wesley
Ellis, Eduardo Martinez, Cheryl Sudduth, Steven Bates,
Mike Ali, Melvin Willis, Dennis Dalton, Sharon
Sanders, and Carole Johnson. Discussion ensued.
(11:01 p.m. - A motion was made by Councilmember
Myrick, seconded by Councilmember Rogers, to extend
the meeting 30 minutes. A substitute motion was made
by Vice Mayor Beckles, seconded by Councilmember
Boozé, to finish the current item and end the meeting.

City Manager Bill Lindsay stated that Item I-4 is time
sensitive. Vice Mayor Beckles rescinded her motion.

The original motion passed with Councilmember Boozé
voting no). A motion by Councilmember Butt,
seconded by Vice Mayor to end debate, passed by the
following vote: Ayes: Councilmembers Butt, Myrick,
Rogers, Vice Mayor Beckles, and Mayor McLaughlin.

cc14Jul15 - ltr

Noes: Councilmembers Bates and Boozé.

Abstentions: None. Absent: None. A motion by Vice
Mayor Beckles, seconded by Councilmember Butt,
directed staff to study the options on rules and
procedures, as well as determine what is the role and
authority of the chair, passed by the following vote:

Ayes: Councilmembers Bates, Butt, Myrick, Rogers,
Vice Mayor Beckles, and Mayor McLaughlin. Noes:

Councilmember Boozé. Abstentions: None. Absent:

None.

REPORTS OF OFFICERS: STANDING

COMMITTEE REPORTS, REFERRALS TO

STAFF, AND GENERAL REPORTS (INCLUDING
AB 1234 REPORTS)

None.

ADJOURNMENT

There being no further business, the meeting
adjourned at 11:31 p.m., in memory of Christine Ruk,
to meet again on Tuesday, July 22, 2014, at 6:30 p.m.

City Clerk

(SEAL)

Approved:

Mayor

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February 7, 2023

Library and Community Services

DATE: February 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Ranjana Maharaj, Deputy Director, Community Services-
Recreation
Jene Levine-Snipes, Development Project Manager
Stephanie Ny, Associate Administrative Analyst
Tetteh Kisseh, Recreation Supervisor

Subject:

Contracts with The Watershed Project and Groundwork
Richmond for the Youth Outdoors Richmond Program
FINANCIAL IMPACT: There will be no impact to the General Fund for these contracts. The cost of these contracts will be funded
using grant funds awarded for the Youth Outdoors
Richmond Program through the Outdoor Equity Grant
(Account String 10651051-400201-25G12)

PREVIOUS COUNCIL
ACTION:

November 1, 2022

STATEMENT OF THE
ISSUE:

On November 1, 2022, City Council adopted a resolution
to accept and appropriate grant funds in the amount of
$700,000 from the State of California Department of
Parks and Recreation Outdoor Equity Grant Program for
the Youth Outdoors Richmond Program. City staff
members are seeking approval to enter contracts using
the awarded funds.

AGENDA
REPORT

February 7, 2023
RECOMMENDED ACTION:

APPROVE sole-source contracts for The Watershed
Project, in the amount of $61,200, to provide outdoor
educational programming for the Youth Outdoors
Richmond Program, for a term of February 1, 2023, to
December 31, 2025; and Groundwork Richmond, in an
amount of $59,208, to provide outdoor educational
programming for the Youth Outdoors Richmond Program,
for a term of February 1, 2023, to December 31, 2025 –
Community Services Department (LaShonda
White/Ranjana Maharaj/Stephanie Ny 510-620-6563).

DISCUSSION:

Youth Outdoors Richmond Program is a combination of volunteer work, activities, and field trips designed specifically for Richmond youth and their extended families and friends. Program participants will experience activities in the community and local and regional natural area trips and activities for both education and self-discovery, as well as nature exploration.

On September 14, 2021, City of Richmond staff submitted a grant application for the Youth Outdoors Richmond Program. On May 27, 2022, the City was awarded the Outdoor Equity Grant funds for the program. On November 1, 2022, City Council adopted a resolution to accept and appropriate the grant funds in the amount of $700,000 from the State of California Department of Parks and Recreation Outdoor Equity Grant Program.

The Youth Outdoors Richmond program is a result of a collaboration in grant application submittal with the City, The Watershed Project, and Groundwork Richmond. The Watershed Project and Groundwork Richmond are local non-profits that helped create the programmatic design and budget for the awarded program. Now that funds have been granted, The Watershed Project and Groundwork Richmond will provide programming for the project.

Based on their integral role in the grant award, City staff has provided a sole source justification. Through these contracts, The Watershed Project and Groundwork Richmond will provide outdoor educational programming for the Youth Outdoors Richmond program.

DOCUMENTS ATTACHED:

Attachment 1 – The Watershed Project Contract
Attachment 2 – Sole Source Justification for The Watershed Project Contract Attachment 3 – Groundwork Richmond Contract
Attachment 4 – Sole Source Justification for Groundwork Richmond Contract

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

EXHIBIT A – SERVICE PLAN

Scope of Services
The Watershed Project (TWP) will engage participants of the Youth Outdoors Richmond program in both environmental justice analysis and solution-based learning through local creek monitoring, educational mapping, design challenge activities, and stewardship activities at local parks. These hands-on teaching methods will help youth learn to appreciate the environment and understand their connection to climate change, green urban infrastructure, air quality, and more, while providing skills that can lead to future employment.

• Local creek monitoring: Students will use tools and equipment to gather data on creek water quality measurements such as pH, dissolved oxygen, and nitrates. They will learn about the role of benthic macroinvertebrates (BMI's) in measuring creek health, and conduct BMI monitoring to assess the health of the creek.
• Educational mapping: Students will examine maps of their local watershed from an inquiry based approach to learn where stormwater travels when it rains, and the connection between community and watershed health. They will examine evidence about anticipated climate change impacts to draw conclusions about the role of urban greening and stormwater management as a form of climate resilience.
• Design challenge activities: Students will design model bioswales using plastic water bottles, coffee filters, and a variety of substrates such as gravel, soil, and sand. Their goal is to filter "polluted stormwater" (water with soil and food coloring) as effectively as possible. They will be guided through the process of designing and constructing their model bioswale, making predictions, testing their model, and iterating on their design to make improvements in its efficacy.
• Stewardship activities: planting, weeding, and trash removal at green infrastructure installations at each park.

Timeline
Youth Outdoors Richmond will have one cohort each spring, one cohort each fall, and two cohorts each summer for 3 years, starting in spring 2023. Each spring and fall cohort is 8 weeks long, and each summer cohort is 2 weeks long.

For each spring and fall cohort, TWP will provide services once a week for 3 weeks at Booker T.

Anderson Park, Unity Park, and Shimada Friendship Park. Each service will be 3-4 hours long. Exact dates and times to be determined with the City of Richmond.

Sample spring or fall cohort schedule:

Week Day Site Time Activities
5 Wednesday Booker T. Anderson
Park
2 PM - 5 PM
or
Restoration/service learning, creek monitoring,
educational mapping and design challenge

2 PM - 6 PM activities
6 Wednesday Unity Park
2 PM - 5 PM
or
2 PM - 6 PM
Restoration/service learning, environmental
justice activities
7 Wednesday Shimada Friendship
Park
2 PM - 5 PM
or
2 PM - 6 PM
Service learning (cleanup), environmental
justice activities, leadership skill development

For each summer cohort, TWP will provide services once during the two-week cohort at Booker T.

Anderson Park. Each service will be 3-4 hours long. Exact dates and times to be determined with the City of Richmond.

Sample summer cohort schedule:

Week Day Site Time Activities
2 Monday Booker T. Anderson
Park
10 AM – 1 PM
or
10 AM – 2 PM
Restoration/service learning, creek
monitoring, educational mapping and design
challenge activities

In summary, TWP will engage participants in 8 activity days each year. For the 3-year contract, TWP will engage participants in 24 activity days in the local community.

Budget
The total budget for the contract is $61,200. The budget is as submitted and approved in the Outdoor Equity Grant application.

Total Budget for Unity Park and Shimada Friendship Park: $30,600 Total Cost of Supplies, Equipment, and Activity Fees = $3,600 Purchase 2 replacement shovels x $35/shovel x 3 years = $210 Purchase 3 replacement picks x $42/pick x 3 years = $378 Purchase 2 replacement rakes x $28.50/rake x 3 years = $171 Purchase 4 soil knives x $23/knife x 3 years = $276
Purchase 50 bags of mulch x $4/bag x 3 years = 600
Purchase 60 pairs work gloves x $7.50/pairs x 3 years = $1,350 Purchase 3 boxes trash bags x $20/box x 3 years = $180
Purchase 3 boxes nitrile gloves x $15/box x 3 years = $135 Purchase 4 replacement trash pickers x $25/picker x 3 years = $300 Total Partner Labor: $27,000
1 Program Director x 7 hours x $75/hour x 4 trips/year x 3 years = $6,300 1 Program Manager x 10 hours x $60/hour x 4 trips/year x 3 years = $7,200 2 Educators x 11.25 hours each x $50/hour x 4 trips/year x 3 years = $13,500

Total Budget for Booker T. Anderson Park: $30,600
Total Cost of Supplies, Equipment, and Activity Fees = $3,600 Purchase 60 water quality test kits x $15/kit x 3 years = $2,700 Purchase 2 bags of rocks x $15/bag x 3 years = $90

Purchase 2 bags of soil x $15/bag x 3 years = $90
Purchase 2 bags of sand x $10/bag x 3 years = $60
Purchase 2 packs of coffee filters x $7.50/pack x 3 years = $45 Purchase 5 food colorings x $3/item x 3 years = $45
Purchase 20 packs of markers x $5/pack x 3 years = $45
Purchase printing x $90/year x 3 years = $270
Total Partner Labor: $27,000
1 Program Director x 7 hours x $75/hour x 4 trips/year x 3 years = $6,300 1 Program Manager x 10 hours x $60/hour x 4 trips/year x 3 years = $7,200 2 Educators x 11.25 hours each x $50/hour x 4 trips/year x 3 years = $13,500

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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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,

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.

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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.

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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

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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.

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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

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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

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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

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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

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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.

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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

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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.

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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.

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):

Grant Administration Guide
for the
Outdoor Equity Grant Program
July 27, 2021
State
of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Phone: (
916) 653-7423
Website: http://www.parks.ca.gov/oep

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all.

The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
• A leader among park and recreation professionals.
• Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
• Honest, knowledgeable, and experienced grant administration facilitators. • Sensitive to local concerns while mindful of prevailing laws, rules, and regulations. • Perceptive to opportunities for partnerships, growth, and renewal where few existed before.
• Committed to providing quality customer service in every interaction and transaction.
• Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees.

TABLE OF CONTENTS

GRANT PROCESS
........................................................................................... ................. 4 Accounting Rules for In-House Employee Services ........................................................... 5 Background Checks ........................................................................................................... 5 SPECIAL REQUIREMENTS .............................................................................................. 6 Program Recognition ......................................................................................................... 6 Status Reports ................................................................................................................... 6 Insurance Requirements .................................................................................................... 8 Fidelity Bond .................................................................................................................... 11 Three-Bid Process ........................................................................................................... 11 GRANT PAYMENTS ....................................................................................................... 13 Payment Request Form ................................................................................................... 15 Grant Expenditure Form ................................................................................................... 16 Project Completion Packet ............................................................................................... 17 Sample Final Project Report ............................................................................................ 18 Advance Justification 21 .......................................................................................................

COMPETITIVE GRANT PROGRAM CONTRACT .......................................................... 22 ACCOUNTING AND AUDITS .......................................................................................... 30 Accounting Requirements ................................................................................................ 30 Audit Checklist ................................................................................................................. 31 Eligible Costs 32 ...................................................................................................................

Ineligible Costs 34 .................................................................................................................

Assembly Bill No. 209 35......................................................................................................

Definitions 37 .......................................................................................................................

W
ords and terms shown in SMALL CAPS are found in the definitions section.

4 Grant Process
This guide provides grant administration procedures and requirements for competitive PROJECTS funded by AB 209, the Outdoor Equity Grants Program. OGALS retains the right to waive requirements not mandated by statute.

1. Applicants receive a letter from OGALS indicating an application has been selected for funding.

2. Applicants attend a mandatory grant administration workshop.

3. If applicable, applicant fulfills any unmet application requirements.

4. Applicant provides insurance documents (see page 8).

5. OGALS sends a contract to the applicant:
a. The CONTRACT section, beginning on page 22, includes a sample contract. b. The applicant returns the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS within 60 days of receipt.
c. OGALS returns a copy of the fully executed contract, at which point the applicant becomes a GRANTEE.

6. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. The GRANT payments section, beginning on page 13, provides payment request instructions and forms.
• The GRANTEE completes PROJECT no later than December 31, of the year before the GRANT liquidation date as shown on the contract.
• The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than March 31, of the year the GRANT liquidates.
• OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS.

7. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 30, provides directions and an Audit Checklist for DPR audit and accounting requirements.
• Contracted work must comply with the provisions of §1771.5 of the State Labor Code.
• GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the PROJECT. • PROJECTS must be accessible.

5 Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the
PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation. • Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

If claiming
IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet in advance for OGALS review to confirm these accounting practices are being followed.

Background Checks
OGALS encourages GRANTEEs to take appropriate measures to ensure the safe supervision of vulnerable groups including minors, elderly, and dependent adults during outdoor education programs. Background checks on staff and volunteers can be an effective tool. Resources available to
GRANTEES include the Office of the Attorney
General, and the National Sex Offender Public Web Site.

Fingerprint Background Checks | State of California - Department of Justice - Office of the Attorney General
United States Department of Justice National Sex Offender Public Website (nsopw.gov)

6 Special Requirements
• Program Recognition
• Status Reports (page 6)
• Insurance and Fidelity Bond (page 8)
• For non-profit GRANTEES: Three bid process (page 11)
Program Recognition
The
GRANTEE shall recognize the Outdoor Equity Grants Program on any PROJECT announcements, social media, website, marketing materials, and news releases using the phrase: “This program funded by the Outdoor Equity Grants Program, created through AB 209 and administered by California State Parks, Office of Grants and Local Services.”

Status Reports
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. See sample on following page.

7 Sample Status Report – Due xx/xx/20xx (30 days from mail date)

Grantee:

Project Number:

Project Name:

Project Scope:

Project Phase: ☐Pre-Activities ☐Activities
Estimated date of project completion: Click or tap to enter a date.

Potential obstacles affecting completion: Click or tap here to enter text.

Is the project: On Time? Choose an item. Within Budget? Choose an item. Within Scope? Choose an item. If any response is no, explain: Click or tap here to enter text.

Describe grant-funded programming completed since (DATE). • Pre-Activities (planning, etc): Click or tap here to enter text. • Activities (Provide recent photos and/or videos)
Number of activities since: Click or tap here to enter text.

Youth served since: Click or tap here to enter text.

Describe the effectiveness of partnerships: Click or tap here to enter text.

Describe how the activities are meeting the project’s goals and objectives: Click or tap here to enter text.

Describe the tools used to measure those outcomes: Click or tap here to enter text.

Describe grant-funded work expected to be completed by (MailDate + 6 mos):

Click or tap here to enter text.

If there have been any changes to the funding for this project, attach a revised Funding Sources Form (see Application Guide page 31).

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.

X
Authorized Representative

8 Insurance Requirements
G
RANTEES must provide OGALS with an insurance accord showing proof of insurance for the contract performance period, which must be kept current for at least six months after the date of the final GRANT payment. Grant payments will not be processed without proof of current and appropriate insurance. GRANTEES shall confirm with their insurance provider and check that the following items are specifically referenced in the insurance accord provided to OGALS.

A. Coverage term
Coverage shall be in force for the complete term of the Agreement. If insurance expires during the term of the grant, a new certificate of insurance must be received by OGALS at least ten (10) days prior to the expiration of the original insurance. Any new insurance policy must still comply with the original terms of the grant.

B. Policy cancellation or termination and notice of non-renewal Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to OGALS. In the event GRANTEE fails to keep in effect at all times the specified insurance coverage, OGALS may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

C. Deductible
GRANTEE is responsible for payment of any deductible or self-insured retention requirement contained within their insurance policy.

D. Primary clause
Any required insurance shall be primary, and not excess or contributory, to any other insurance carried by the GRANTEE, or by any other entity, including the State.

E. Insurance carrier required rating
All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the
GRANTEE is self-insured for a portion or all of the
insurance coverage period required by this Agreement, prior review of financial information including a letter of credit may be required before such self-insurance will be approved by OGALS.

F. Endorsements
Any endorsements required by OGALS must be included with all requested certificates of insurance and shall not be substituted by referring to such coverage on the certificate of insurance.

All policies or letters of self-insurance must use the CG-2010-1185 form or equivalent and include the following clause:

9 “The California Department of Parks and Recreation, Office of Grants and Local Services and the State of California, its officers, agents, employees, and servants are named as additional insured.”
In the case of the G
RANTEE’S utilization of subcontractors to complete the scope of work pursuant to this Agreement, the GRANTEE shall include all subcontractors as insureds under GRANTEE’S insurance or shall supply evidence of insurance to OGALS equal to policies, coverages, clauses, and limits required of GRANTEE by this Agreement.

Any proposed change in the required insurance coverage status stated herein shall be reported to OGALS prior to the effective date of such change, and may result in restrictions being imposed on the usage of the grant monies or equipment.

G. Inadequate insurance
Inadequate or lack of insurance does not negate the GRANTEE’S obligations under the Agreement.

H. Commercial general liability
The GRANTEE shall maintain general liability coverage with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The general liability coverage shall include coverage for all liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance coverage shall apply separately to each insured against whom claim is made or suit is brought subject to the G
RANTEE’S limit of liability.

I. Vehicle insurance
In addition to general liability coverage required by Section H, the GRANTEE shall maintain the required insurance for all vehicles used in programs funded by grant money.

J. Vehicle liability
The GRANTEE shall maintain motor vehicle liability insurance coverage with limits required by State and Federal statute; but such limits shall not be less than $1,000,000 combined single coverage limit per accident. Such insurance shall cover all liability and damages arising out of use of a motor vehicle for any purpose connected directly or indirectly with the Agreement, including owned, hired and non- owned motor vehicles.

K. Workers’ compensation and employer’s liability
The GRANTEE shall provide either (1) or (2) below:

1. The GRANTEE shall maintain statutory workers’ compensation and employer’s liability insurance coverage for all of its employees who will be engaged in the performance of the Agreement for the entire term of this Agreement.

10 Employer’s liability coverage limits of $1,000,000 are required. In addition, the GRANTEE shall forward a Waiver of Subrogation to OGALS.

2. If paid employees are not used to carry out the activities covered by this Agreement, then the Exemption of Workers’ Compensation must be submitted to OGALS.

L. Self-insurance
If applicable, the GRANTEE shall provide evidence of self-insurance to OGALS.

OGALS reserves the right to request any additional information, as determined by OGALS, concerning the GRANTEE’S ability to adequately self-insure.

11 Fidelity Bond
(For nonprofit
GRANTEES only)
Nonprofit GRANTEES must provide a copy of a current fidelity bond policy to their PROJECT OFFICERS before any payment requests can be approved by OGALS.

The premium cost for a fidelity bond is an ELIGIBLE COST.

A fidelity bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The nonprofit is the party insured.

DPR must be named as a Third-Party Loss Payee, i.e., the same as a bank on a car loan or a mortgage company on a home loan. The DPR address is: State of California, Dept. of Parks and Recreation, P.O. Box 942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.

Coverage must be equal to or greater than the GRANT amount. If the GRANTEE’S existing coverage is lower than the GRANT amount, the GRANTEE needs to amend the coverage to equal or exceed the GRANT amount. Fidelity bond insurance must be kept current upon execution of the Grant Contract and shall be maintained for at least six months after the date of the final GRANT payment.

GRANTEES may obtain the fidelity bond through their general liability carrier, a major casualty insurance carrier, or a bonds specialty company. These sources are listed in the yellow pages or internet. For additional assistance OGALS offers these fidelity bond frequently asked questions.

Three-Bid Process
(For nonprofit GRANTEES only)

1. Nonprofit GRANTEES must attempt to obtain three bids before awarding a contract on a GRANT-funded PROJECT for services greater than $5,000. • Bid description must include the requirement to comply with §1771.5 of the State Labor Code.
• Bid description must include all required PROJECT elements based on the original competitive application; Project Selection Criteria proposal and Grant Scope/Cost Estimate Form.

2. Nonprofit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on “Best Value” (determined by price, quality of materials, equipment, and workmanship), and the required PROJECT elements based on the original competitive application.
• By signing the GRANT CONTRACT, the nonprofit GRANTEE agreed to meet the specific objectives as described in the competitive Project Selection Criteria proposal.

3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.

12 4. The nonprofit
GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the best value and will meet PROJECT requirements.

The evaluation process must ensure no conflict of interest between the contractor and the nonprofit
GRANTEE’s Board of Directors. The nonprofit
GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision must be recorded in writing.

5. The Board of Directors selects a contractor and awards a contract.

6. For audit purposes, the nonprofit GRANTEE keeps records of steps 1 – 5 above.

Waiver of Three-bid Requirement
A waiver will be considered if less than 3 bids were received after solicitation, or when the GRANTEE provides justification for a non-competitive bid (sole source). To request a waiver of the three-bid process requirement, the non-profit GRANTEE must send a written request to the Project Officer assigned to the GRANT and explain why a waiver is required.

13 Grant Payments
Payments may be requested from OGALS once a PROJECT is approved, and the CONTRACT is encumbered. Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request.

OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
• breach of any other contract with OGALS
• an unresolved audit exception
• an outstanding conversion
• park sites closed or inadequately maintained
• overdue Project Status Reports
• other unmet grant requirements
Payment Rules

1. Pre-award planning costs dating back to the appropriation date are eligible for a reimbursement of up to 5% of the GRANT amount.

2. P ayments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final REIMBURSEMENT payment.

GRANTEES may contact their PROJECT OFFICER to request OGALS consider a reduced retention amount.

3. Group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.

These items are required prior to requesting any payment, if applicable:

1. A sample timesheet prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs.

2. When the bid process is required, provide a summary list of bidders, the recommendation by reviewer of bidders, notice of award, and contract agreement.

These items are required with every payment request, when applicable:

1. A Grant Expenditure Form (see page 16) is required with all reimbursement and final payment requests.

2. I f a payment request includes IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet representing how employee staff time was tracked during the period of requested reimbursement.

14 Payment Request Form Instructions
• All payment request types (reimbursement, final, ADVANCE) require this form. • A fillable, digital version of the payment request form is available at www.parks.ca.gov/grants.
• GRANTEES should submit payment requests digitally, as .pdf files. E-mail each document to the PROJECT OFFICER as a separate digital file, labeled as the document item. Retain all documents with original signatures with the PROJECT records. • Round all amounts to the nearest whole dollar.
• A Grant Expenditure Form (see page 16) is required with all reimbursement and final payment requests.
• Complete the Payment Request Form as follows:

1. PROJECT Number – Number assigned by OGALS when this PROJECT was approved

2. C ontract Number – As shown in Certification of Funding section of the contract

3. APPLICANT – GRANTEE name as shown on the contract

4. PROJECT Title – Name of the PROJECT as shown in the Application

5. Type of Payment – check appropriate box on form

6. Payment Information – round down to the nearest dollar

7. Send Warrant To – agency name, address, and contact person

8. Signature of AUTHORIZED REPRESENTATIVE

15 Payment Request Form

16 Grant
Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of the grant expenditure form and other grant forms can be found on the OGALS website.

GRANTEES may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS on request. Only provide the following information to OGALS:

Project Number:

Warrant/
Check # (1)
Date (2) Recipient (3) Scope Item (4) Purpose (5) Amount (6)

TOTAL $

List only ELIGIBLE COSTS charged to the GRANT.

Column (1) Electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic payment numbers/electronic funds transfer numbers.

If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.

Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked, and a sample timesheet.

Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials.

Column (4) Activity in the Community or Nature Area Trip identified in Grant Scope/Cost Estimate Form.

Column (5) Brief description of cost such as equipment, transportation, supplies, labor.

Column (6) Amount of reimbursement requested

17 Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31, of the year the GRANT liquidates, as shown on the contract.

GRANTEES should submit documents digitally, as .pdf files. E-mail the documents to the PROJECT OFFICER as separate .pdf files for each document. Retain all documents with original signatures with PROJECT records. GRANTEES should follow up with PROJECT OFFICER to confirm documents were received.

The final payment (not less than 20% of the GRANT) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET (page 17)

2. Final Project Report verified by the PROJECT OFFICER to confirm PROJECT COMPLETION To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents:

1. Payment Request Form (page 15)

2. Grant Expenditure Form (page 16)

3. Final Funding Sources Form (see page 30 of the Application Guide)

4. Final Project Report (page 18)

5. Project Completion Certification Form (page 19)

6. Audit checklist with items checked that GRANTEE will retain for five years following receipt of final payment (page 31)

18 S
ample Final Project Report
(final version will be web-based)
Gr
antee:

Project Number:

Project Name:

Project Scope:

Su
mmarize grant-funded programming completed (Provide videos and/or photos that offer a sample of highlights with quotes, captions, or testimonials about the impact of the outdoor program). Click or tap here to enter text.

Number of activities completed: Click or tap here to enter text.

Total number of youth served: Click or tap here to enter text.

List all partnerships and describe the effectiveness of each: Click or tap here to enter text.

Describe how the activities met the project’s goals and objectives: Click or tap here to enter text.

Describe the tools used to measure those outcomes: Click or tap here to enter text.

Provide tips and lessons-learned including successful methods used, unforeseen challenges, and recommended solutions. Click or tap here to enter text.

I represent and warrant that I have full authority to execute this Final Project Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.

X
Authorized Representative

19 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:

Grantee contact for audit purposes
Name:

Address:

Phone: ( ) Email:

Project completion – list the grant scope items:

Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Certification:

I hereby certify that all Grant funds were expended on the above-named Project and that the Project is complete, and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

20 Advance Payments
•
OGALS reserves the right to disapprove ADVANCE payment requests. Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered before issuing an ADVANCE.
• ADVANCE payments may be requested after the CONTRACT is fully executed, for costs expected to be incurred within six months of the request. • ADVANCE payments must be placed in an interest-bearing account. Earned interest must be spent on the PROJECT and cannot be returned to OGALS. • ADVANCE funds must be spent within six months of receipt or returned to OGALS.
• The sum of ADVANCES cannot exceed 50% of the GRANT.

Documents to send to project officer for advance payments:
• Payment Request Form
• ADVANCE justification (page 21)
• Bid documents (see page 8), copy of signed service contract and a start date or IN-HOUSE EMPLOYEE SERVICES schedule
• Sample timesheet if funds will be spent on IN-HOUSE EMPLOYEE SERVICES

21 Advance Justification
Provide the following information:
• Explain why an
ADVANCE is needed instead of a reimbursement. Describe
any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.
• A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (
IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six- month period should begin six to eight weeks after payment request is submitted.
• A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit. • A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT.
• An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to
OGALS on demand.

Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be cleared incrementally, that is, as costs are incurred. An ADVANCE is cleared as follows:
• Submit a grant expenditure form (see page 16) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest. • Return the balance of unspent GRANT funds to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance. OGALS cannot return interest to the contract balance.

Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment. The following are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed.

2. A statement in the letter that the majority of ADVANCED funds has been cleared.

3. A payment schedule with month-by-month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

22 Competitive Grant Program Contract

State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Competitive Grant Program
GRANTEE: Grantee Name
GRANT PERFORMANCE PERIOD is from July 1, 20XX through June 30, 20XX The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California
.

The General and Special Provisions attached are made a part of and incorporated into the CONTRACT.

Total State grant amount not to exceed $ [
GRANT amount]

GRANTEE

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND

ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR

T.B.A. NO. B.R. NO. INDEX

Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER

DATE

23 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and Assembly Bill 209 Chapter 675, SECTION 1. Chapter 1.26 (commencing with Section 5090.75) Division 5 of the Public Resources Code (hereinafter referred to as “GRANT PROGRAM”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 20xx to June 30, 20xx.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “GRANT PROGRAM” means Assembly Bill 209 Chapter 675, SECTION 1. Chapter

1.26 (commencing with Section 5090.75) Division 5 of the Public Resources Code, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “GRANTOR”, “DEPARTMENT”, or “STATE” means the California Department of Parks and Recreation.

4. The term “GRANTEE” means the recipient of GRANT MONIES as described in Section I of this CONTRACT.

5. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in the APPLICATION submitted pursuant to this grant.

6. The term “GUIDES” means (1) the document identified as the “Grant Administration Guide for the Outdoor Equity Grants Program” and (2) The Application Guide for the Outdoor Equity Grants Program.

B. Project Execution

1. Subject to the availability of GRANT MONIES in the GRANT PROGRAM, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated on the cover and Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

24 To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Grant Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with all applicable current laws and regulations affecting projects, including, but not limited to, legal requirements for contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C. Procedural Guide

1. GRANTEE agrees to abide by the GUIDES.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDES. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make activities conducted pursuant to this CONTRACT available for inspection upon request by the STATE.

E. Insurance Requirements

1. Coverage term: Coverage shall be in force for the complete term of the CONTRACT. If insurance expires during the term of the grant performance period, a new certificate of insurance must be received by STATE at least ten (10) days prior to the expiration of the original insurance. Any new insurance policy must still comply with the original terms of the grant.

2. Policy cancellation or termination and notice of non-renewal: Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to STATE. In the event GRANTEE fails to always keep in effect the specified insurance coverage, STATE may, in addition to any other remedies it may have, terminate this CONTRACT upon the occurrence of such event, subject to the provisions of this CONTRACT.

3. Deductible: GRANTEE is responsible for payment of any deductible or self-insured retention requirement contained within their insurance policy.

25 4. Primary clause: Any required insurance shall be primary, and not excess or contributory, to any other insurance carried by the GRANTEE, or by any other entity, including the STATE.

5. Insurance carrier required rating: All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the GRANTEE is self-insured for a portion or all of the insurance coverage period required by this CONTRACT, prior review of financial information including a letter of credit may be required before such self-insurance will be approved by STATE.

6. Endorsements: Any endorsements required by STATE must be included with all requested certificates of insurance and shall not be substituted by referring to such coverage on the certificate of insurance.

All policies or letters of self-insurance must use the CG-2010-1185 form or equivalent and include the following clause:
“The California Department of Parks and Recreation, Office of Grants and Local Services and the State of California, its officers, agents, employees, and servants are named as additional insured.”
In the case of the GRANTEE’S utilization of subcontractors to complete the scope of work pursuant to this CONTRACT, the GRANTEE shall include all subcontractors as insureds under GRANTEE’S insurance, or shall supply evidence of insurance to STATE equal to policies, coverages, clauses, and limits required of GRANTEE by this CONTRACT.

Any proposed change in the required insurance coverage status stated herein shall be reported to STATE prior to the effective date of such change and may result in restrictions being imposed on the usage of the grant monies or equipment.

7. Inadequate insurance: Inadequate or lack of insurance does not negate the GRANTEE’s obligations under the CONTRACT.

8. Commercial general liability: The GRANTEE shall maintain general liability coverage with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The general liability coverage shall include coverage for all liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance coverage shall apply separately to each insured against whom claim is made or suit is brought subject to the GRANTEE’S limit of liability.

9. Vehicle insurance: In addition to general liability coverage required by Section H of this CONTRACT, the GRANTEE shall maintain the required insurance for all vehicles used in programs funded by grant money.

10. Vehicle liability: The GRANTEE shall maintain motor vehicle liability insurance coverage with limits required by State and Federal statute; but such limits shall not be less than $1,000,000 combined single coverage limit per accident. Such insurance shall cover all liability and damages arising out of use of a motor vehicle for any purpose connected directly or indirectly with the CONTRACT, including owned, hired and non-owned motor vehicles.

11.Workers’ compensation and employer’s liability: The GRANTEE shall provide either (1) or (2) below:
(1.) The GRANTEE shall maintain statutory workers’ compensation and employer’s liability insurance coverage for all of its employees who will be engaged in the performance of the Agreement for the entire term of this CONTRACT. Employer’s liability coverage limits

26 of $1,000,000 are required. In addition, the GRANTEE shall forward a Waiver of Subrogation to STATE.
(2.) If paid employees are not used to carry out the activities covered by this CONTRACT, then the Exemption of Workers’ Compensation must be submitted to STATE.

12. Self-insurance: If applicable, the GRANTEE shall provide evidence of self-insurance to STATE. STATE reserves the right to request any additional information, as determined by STATE, concerning the GRANTEE’S ability to adequately self-insure.

F. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation applicable to the GRANT PROGRAM, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to a) Specific Performance; b) Return of all GRANT MONIES; and c) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that final payment may not be made until the work described in the GRANT SCOPE is complete.

G. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this CONTRACT with no liability occurring to the STATE or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount.

This Paragraph shall not require the mutual agreement as addressed in Paragraph F, provision 2, of this CONTRACT.

H. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

27 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the activities conducted described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents, and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

I. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration of any activities conducted pursuant to this CONTRACT.

28 2. The GRANTEE shall not discriminate against any person based on residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All activities shall be open to members of the public generally, except as noted under the special provisions of this project CONTRACT or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of programs related to the GRANT SCOPE. The STATE’s rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’s interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE’s interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

GRANTEE

29 AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title

30 Accounting and Audits

Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the PROJECT.
• Time estimates, including percentages for work performed on the PROJECT, are not acceptable.
• Time sheets that do not identify the specific employee’s time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers’ compensation.
• Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
• May not include overhead or cost allocation. These are costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

State Audit
Grants are subject to audit by
DPR (see page 31, Audit Checklist). All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR.
• An employee having knowledge of the PROJECT and its records to assist the DPR auditor.

Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.

Contact the
DPR Audits Office at (916) 657-0370 for questions about these requirements.

31 Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five years following PROJECT termination or final payment of GRANT funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, contact the State Department of Parks and Recreation Audits Office at (916) 657-0370.

CONTRACTS
□ Summary list of bidders (including individual
bid packages)
□ Recommendation by reviewer of bids
□ Award by governing body (minutes of the
meeting/resolution)
□ Construction contract agreement
□ Contract bonds (bid, performance, payment)
□ Contract change orders
□ Contractor's progress billings
□ Payments to contractor (cancelled checks/
warrants, bank statements, EFT receipts**)
□ Stop Notices (filed by sub-contractors and
release if applicable)
□ Liquidated damages (claimed against the
contractor)
□ Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
□ Authorization/work order identifying project
□ Daily time sheets signed by employee and
supervisor
□ Hourly rate (salary schedules/payroll
register)
□ Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
□ Authorization/work order
□ Daily time records identifying the project site
□ Hourly rate related backup documents

MINOR CONTRACTS/ MATERIALS/

SERVICES/EQUIPMENT RENTALS
□ Purchase orders/Contracts/Service
Agreements
□ Invoices
□ Payments (cancelled checks/ warrants, bank
statements and EFT receipts **)

ACQUISITION
□ Appraisal Report
□ Did the owner accompany the appraiser?
□ 10-year history
□ Statement of just compensation
(signed by seller)
□ Statement of difference (if purchased
above appraisal)
□ Waiver of just compensation (if
purchased below appraisal: signed by
seller)
□ Final Escrow Closing Statement
□ Cancelled checks/warrants, bank
statements and EFT receipts,
[payment(s) to seller(s)]
□ G
RANT deed (vested to the
participant) or final order of
condemnation
□ Title insurance policy (issued to
participant)
□ Relocation documents
□ Income (rental, grazing, sale of
improvements, etc.)

INTEREST
□ Schedule of interest earned on State
funds advanced (Interest on grant
advances is accountable, even if
commingled in a pooled fund account
and/or interest was never allocated
back to the grant fund.)

AGREEMENT/CONTRACTS
□ Leases, agreements, etc., pertaining
to developed/acquired property
□ Proof of insurance pertaining to
developed/acquired property
* Estimated time expended on the
projects is not acceptable. Actual time
records and all supporting
documentation must be maintained
as charges are incurred and made
available for verification at the time of
audit.
** Front and back if copied.

32 Eligible Costs
Contact OGALS if you have any questions regarding a PROJECT cost.

A) Supplies, Equipment, and Activity Fees/Admissions
Activity Fees: Location entrance fees for places such as museums, parks, campground reservations, zoos, aquariums, botanical gardens, parking, ski lifts, special events; specific experiences such as horseback riding, paddling, rafting, rock climbing, birding; renting or leasing vehicles or equipment for the actual activity fits in this category such as whale watching and safety equipment.

Activity supplies and equipment (examples): include but are not limited to backpacks, tents, mountain bikes, kayaks, surfboards, bodyboards, stand up paddle boards, life jackets, helmets, wetsuits, snowboard/ski’s, canopy, sleeping bags, stoves, 2-way radios, binoculars, water filters, snowshoes, hiking boots, gloves, goggles, compasses, fire starters, bug repellent, sunblock, poison oak protectant, first aid supplies, canteens, flashlights, batteries, lanterns, interpretive materials, trash/recycling bags, safety whistle, bear spray, utensils, etc. that are necessary to support an activity.

Most Economical use of State Funds: For supplies and equipment that will cost over $500 per single unit item, and which can be purchased, leased, or rented, the most economical use of state funds must be applied. This means that the GRANTEE will use
the most affordable option to complete the OUTDOOR PROGRAM during the GRANT PERFORMANCE PERIOD by either renting, leasing, or purchasing the supplies and equipment at the best value.

Supplies and equipment may come from GRANTEE’S central stock if claimed costs are no higher than supplies or equipment purchased elsewhere. For audit purposes, a report or source document must describe the work performed, indicate the hours used, relate the use to the
SCOPE, and must be signed by the operator or supervisor.

B) Travel Costs
Travel must be within California only.

Overnight accommodations (camping or lodging): Campsite rentals, yurts, and hotels, following the most economical use of State funds, including travel to and from the destination of the
NATURAL AREA TRIP. The cost cannot exceed the state per diem set in each County where the overnight accommodation will take place. calhr.ca.gov/employees/pages/travel-reimbursements.aspx Food and food storage: The purchase of food, and purchase or rental of food storage for safety compliance during
NATURAL AREA TRIPS. This means the PARTICIPANTS will
learn how to prepare the food as an educational health activity of the OUTDOOR PROGRAM.

Meal per diem for NATURAL AREA TRIPS only: Breakfast, lunch, and dinner meals during the path of travel and overnight stays are eligible up to the State’s per diem rates or actual cost, whichever is less. Keep receipts for audit purpose. Food related to ACTIVITIES IN THE COMMUNITY is ineligible.

Passenger Ticket purchases: Trains, boats, airplanes, or other public transportation for PARTICIPANTS to and from the planned activity.

33 Vehicle use for transportation of PARTICIPANTS, including:
• Taking PARTICIPANTS to and from the COMMUNITY HOME BASE to NATURAL AREA TRIPS.
• Taking PARTICIPANTS to and from the COMMUNITY HOME BASE and their schools and neighborhoods for ACTIVITIES IN THE COMMUNITY related to the Grant Selection Criteria.

Vehicles chartered or rented by GRANTEE: Chartered transportation paying for a charter company’s standard rate. Rental of vehicles at market value, including low Greenhouse Gas (GHG) emission vehicles.

Vehicles owned/leased by GRANTEE: Mileage incurred on a GRANTEE’s own vehicles can be charged at the State’s rate that is in effect at the time of the trip. Maintenance and repair cost necessary to safely operate vehicles are built into the State’s rate of the allowable charge per mile. A Mileage Log must record the trips charged to the GRANT.

For audit purposes, the Mileage Log must describe the miles driven, OUTDOOR PROGRAM purpose related to the SCOPE, and must be signed by the operator and supervisor.

C) Labor
Employee services: See accounting rules for employee services on page 30.

Internships consistent with Grant Selection Criterion #4: Internships will be administered as employee services of the GRANTEE. The GRANTEE must follow applicable laws for employee services, including internships. Visit California’s Division of Labor Standards and Enforcement for internship rules.

Program activity providers: Including physical activity instructors, trainers, nature guides, career pathway educators, language translators, drivers, etc.

Program management: Including site inspections, coordinating partners, scheduling activities, directing equipment, materials, activity instructors, and transportation personnel.

Communication and training: Including outreach to RESIDENTS, training of program activity providers for cultural awareness, and risk management.

Reporting: Including data collection, photography, and videography which can include interviews with PARTICIPANTS.

GRANT administration and accounting.

Miscellaneous costs: Including economical use of State funds cost comparison for equipment, supplies, and NATURAL AREA TRIP related expenses, transporting materials, equipment, personnel, and communications and video documentation of the program achievements.

D) Insurance
Premiums on hazard and liability insurance including aggregate coverage for all activities necessary for the
OUTDOOR PROGRAM. See page 8 for insurance policy
requirements for GRANTEES.

34 Ineligible Costs
Costs incurred before or after the GRANT PERFORMANCE PERIOD.

Construction/development of land. Vehicle or land acquisition.

Travel outside of California.

Indirect costs: Overhead business expenses of the GRANTEE’S fixed or ordinary operating costs; (rent, mortgage payments, property taxes, utilities, office supplies).

Park maintenance by the GRANTEE’s existing staff, such as routine restroom cleaning, garbage removal, groundskeeping, scheduled maintenance, graffiti removal, etc.

Fundraising.

Food: Food for ACTIVITIES IN THE COMMUNITY is ineligible. See Eligible Costs, heading B, Travel Costs, for eligible food costs only during NATURAL AREA TRIPS.

Grant Writing.

Programs imposed on GRANTEE through legal mitigation.

Lack of Record Keeping: During an Audit, lack of record keeping can make claimed costs ineligible. Examples include:
• Employee services without documentation of actual time spent on the OUTDOOR PROGRAM.
• Lack of source documents (no evidence of invoices, bid process, payment receipts, etc.).

35 Assembly Bill No. 209
CHAPTER 675
SECTION 1. Chapter 1.26 (commencing with Section 5090.75) is added to Division 5 of the Public Resources Code, to read:

CHAPTER 1.26. Outdoor Equity Grants Program
5090.75. (a) The director shall establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The grant program shall award grants to public organizations, including local governments and local educational agencies, joint powers authorities, open-space authorities, regional open-space districts, other relevant public agencies, or nonprofit organizations, with a focus on funding transportation, logistical, and program operations and capacity costs associated with reaching historically underserved communities.
(b) In developing the grant program, the director shall do both of the following:
(1) Develop criteria, procedures, and accountability measures as may be necessary to implement the grant program.
(2) Administer the grant program to ensure that priority is given to underserved populations, including both urban and rural areas and low-income communities, where participation in outdoor environmental education and recreation programs has been limited.
(c) The director shall give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve pupils who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as these terms are defined in Section 42238.01 of the Education Code, and have one or more of the following attributes:
(1) Have a curriculum that is aligned to the content standards for California public schools adopted by the State Board of Education, including, but not limited to, the Next Generation Science standards, or the California History-Social Science standards. (2) Foster stewardship of the environment and include, when available, curriculum established pursuant to Part 4 (commencing with Section 71300) of Division 34. (3) Integrate instruction in science, technology, engineering, arts, and mathematics. (d) The director may give additional consideration to outdoor environmental education programs that do any of the following:
(1) Maximize the number of participants that can be served. (2) Demonstrate partnerships between public, private, and nonprofit entities. (3) Contribute to healthy lifestyles, sound nutritional habits, and improved outdoor educational and recreational experiences.
(4) Include service learning and community outreach components for purposes of building partnerships between participants and local communities.

36 (e) The director may provide funding for professional learning, based on approved content standards, for the staff and volunteers of those programs given priority pursuant to subdivision (c).
(f) In implementing the grant program, the department shall work with relevant stakeholders to promote and implement the grant program in a manner that effectively reaches a wide geography throughout the state and ensures that regions in northern, central, and southern California, including both urban and rural areas, are adequately considered with an emphasis on addressing the transportation needs within these regions.
5090.76. (a) Except as authorized by the Legislature, the department shall not allocate for the purposes of the grant program any general fund moneys appropriated by the Legislature to the department in the annual Budget Act. (b) The director may accept private donations made for the support of the grant program. The director may solicit and accept private funding to help offset the costs of the grant program.
(c) All moneys received pursuant to this section or appropriated by the Legislature for the purpose of the grant program shall be deposited in the California Outdoor Equity Account, which is hereby created within the State Parks and Recreation Fund. (d) Before commencing any program development activities for the grant program, adequate donations or funds shall be deposited into the California Outdoor Equity Account. This amount shall be sufficient to administer the grant program and provide grant awards.
5090.77. (a) The department shall gather information from applicants following each award year for purposes of evaluating the effectiveness of outdoor environmental education programs in achieving the objectives of the grant program. Notwithstanding Section 10231.5 of the Government Code, the department shall annually summarize and report this information for the previous award year to the appropriate budget and fiscal committees of the Legislature. The information in the annual report shall include the total number of children served, the total number and types of entities that received grant awards, appropriate recommendations to improve the grant program, partnerships formed, educational objectives achieved, the total number of applications received, and the total number of children who would have been served had all applicants for the award year received grant awards.
(b) A report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
5090.78. The department shall adopt guidelines it determines as necessary to carry out the purposes of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the adoption of guidelines pursuant to this section. The department shall develop a process for public comment and review of the guidelines that involves three public hearings in three different parts of the state before the adoption of those guidelines.

37 Definitions
Capitalized words and terms used in this guide are defined below.

ACTIVITY IN THE COMMUNITY – outdoor or indoor education components designed to teach PARTICIPANTS about the community’s environment, and the community’s link to clean air, water, and land, that achieves one or more of the following goals: 1. Environmental Justice analysis and reporting that may involve youth leadership development in the community. 2. Solution-based learning about the community’s connection to climate change and other environmental issues such as stormwater runoff, air quality, brownfields, land-use planning, urban heat island effect, groundwater supply, energy, and water efficiency. 3. Discovering nature in action in the community through educational walks looking for flora (trees/plants) and fauna (animals/insects), and visits to local resources such as a community park, creek, zoo, science or nature center etc.

4. Curriculum based activities at the
COMMUNITY HOME BASE. 5. Preparing participants for
NATURAL AREA TRIPS.

ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.

COMMUNITY HOME BASE – a central gathering place for RESIDENTS of an underserved community where the majority of targeted PARTICIPANTS live. For example, a school, recreation center, community meeting space, or local park may serve as the central gathering place in the underserved community.

DPR – the California Department of Parks and Recreation.

GRANT – funds made available to a GRANTEE for completion of the PROJECT during the GRANT PERFORMANCE PERIOD.

GRANTEE – an entity having a fully executed contract with DPR.

GRANT PERFORMANCE PERIOD – period that eligible costs may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.

IN-HOUSE EMPLOYEE SERVICES – GRANTEE’s employees working on the PROJECT SCOPE.

NATURAL AREA TRIP – a location at least five miles from the COMMUNITY HOME BASE that is challenging to access by RESIDENTS such as beaches, rivers, lakes, forests, mountains, deserts, tribal land, and state and national parks within California.

OGALS – DPR’s Office of Grants and Local Services.

OUTDOOR PROGRAM – a series of activities (sub-programs) described in the SCOPE that promote education, physical activities, leadership, and career pathways that strengthen PARTICIPANTS’ connection with the natural world. These include ACTIVITIES IN THE COMMUNITY and transporting RESIDENTS to NATURAL AREA TRIPS from the COMMUNITY HOME BASE. These do not involve capital improvement.

PARTICIPANTS – RESIDENTS who join the OUTDOOR PROGRAM. People living outside the COMMUNITY HOME BASE half-mile radius may also be included.

38 PROJECT – the SCOPE as described in the competitive application to be completed with GRANT funds and committed funds, if identified on Funding Sources Form (see page 30 of the Application Guide).

PROJECT COMPLETION – when the SCOPE is complete, and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET – The documents listed on page 17 that are required to request final payment following PROJECT COMPLETION.

PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Administration Guide and the GRANT contract.

RESIDENTS – the population living primarily within a half-mile of the COMMUNITY HOME BASE including youth, families, and adults of all ages. This includes but is not limited to migrant working families, foster youth, and families who are homeless.

SCOPE – the activities, as described in the competitive application that must be completed prior to final GRANT payment.

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

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

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, 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, 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, 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)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

General Liability
(primary and excess limits
combined)
$1,000,000 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).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

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

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)

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. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

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

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

SAMPLE ENDORSEMENT 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.

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.

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.

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

___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

EXHIBIT A – SERVICE PLAN

Scope of Services
Groundwork Richmond (GWR) will engage participants of the Youth Outdoors Richmond program in environmental stewardship projects, relevant pre-employment training, community art projects, and STEAM education, all while ensuring youth are getting exposed to the world of careers in the outdoors.

Additionally, GWR will assist City staff in preparing participants for overnight nature trips.

Timeline and Programming
Youth Outdoors Richmond will have one cohort each spring, one cohort each fall, and two cohorts each summer for 3 years, starting in spring 2023. Each spring and fall cohort is 8 weeks long, and each summer cohort is 2 weeks long.

For each spring and fall cohort, GWR will provide services once a week for 3 weeks at Pullman Portal and Marina Way/Macdonald Ave. Each service will be 3-4 hours long. Exact dates and times to be determined with the City of Richmond. GWR will also lead one kayaking day trip at Richmond Marina each spring and fall cohort.

Sample spring or fall cohort schedule:

Week Day Site Time Activities Focus Area
1 Wed Pullman Portal
2 PM - 5 PM
or
2 PM - 6 PM
- Presentation and discussion on the history of
environmental and social injustices in Richmond
(e.g. redlining, industrialism), and ways in which
GWR, other entities, and City of Richmond have
focused on undoing environmental harm.
- Review what urban forestry is, importance of
growing the urban canopy, and how planting
trees addresses air pollution and other
environmental issues
- Participants will undergo safety training in
preparation of tree planting, so they are familiar
with pieces of equipment and best practices
- Weeding and grubbing of area to prepare the
ground for tree planting
Intersection of environmental
and social justice history in
Richmond; introduction to urban
forestry and safety in the field
2 Wed Marina Way and
Macdonald Ave
2 PM - 5 PM
or
2 PM - 6 PM
- Review safety protocols for tree
planting/equipment usage
- Walk to Unity Park, review its history and
purpose
- Conduct tree pruning and health checkups along
Greenway
Urban forestry and arboreal
training
3 Wed Pullman Portal
2 PM - 5 PM
or
2 PM - 6 PM
- Review safety protocols for tree
planting/equipment usage
- Continue planting and mulching trees
- Create hand painted educational signage using
reclaimed materials that identifies the different
trees, and general tree care/maintenance best
practices for residents to access
Urban forestry and arboreal
training; community art

6 Sat Richmond
Marina 9 AM – 2 PM
- Review kayaking and water safety protocols
- Alternate kayaking, and restoration project for
participants waiting for their turn to kayak
Kayaking safety and
skills/communication/outdoor
leadership

For each summer cohort, GWR will provide services once during the two-week cohort at Richmond Recreation Complex, to assist City staff with preparing participants for overnight nature trips. Exact dates and times to be determined with the City of Richmond.

Sample summer cohort schedule:

Week Day Site Time Activities Focus Area
2 Tues
Richmond
Recreation
Complex
9 AM – 5 PM
- Review outdoor safety best practices and
guidelines
- Identify roles for participants to take on to
encourage leadership development
- Create meal plans, hydration practices, and how
to prepare for an outdoor excursion
Stewardship; outdoor leadership

In summary, GWR will engage participants in 10 activity days each year. For the 3-year contract, TWP will engage participants in 30 activity days in the local community.

Budget
The total budget for the contract is $59,208. The budget is as submitted and approved in the Outdoor Equity Grant application.

Total Cost of Supplies, Equipment, and Activity Fees: $7,200 Purchase 20 trees x $75/tree x 3 years = $4,500
Purchase 40 tree stakes x $6/stake x 3 years = $720
Purchase 2 packs tree ties x $10/pack x 3 years = $60
Purchase 50 bags mulch x $5/bag x 3 years = $750
Purchase 20 watering bags x $10/bag x 3 years = $600
Purchase 40 pairs gloves x $3/pair x 3 years = $360
Purchase 5 replacement shears x $14/shear x 3 years = $210

Total Partner Labor: $52,008
1 Urban Forestry Coordinator x 17 hours x $30/hour x 8 trips/year x 3 years = $12,240 3 Green Corps x 17 hours x $27/hour x 8 trips/year x 3 years = $33,048 1 Administrator x 7 hours x $40/hour x 8 trips/year x 3 years = $6,720

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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,

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.

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.

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