MEETING(S) ARE VIRTUAL
SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
REGULAR RICHMOND CITY COUNCIL AGENDA
Tuesday, February 21, 2023, 4:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:
Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
Jaycine Scott, Housing Authority Tenant Commissioner
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
CORONAVIRUS DISEASE (COVID-19) ADVISORY
PURSUANT to the Governor of the State of California’s Assembly Bill 361 and in the interest of the public health and safety, attendance at the City of Richmond City Council meeting will be limited to Council members, essential City of Richmond staff, and members of the news media. Public comment will be confined to items appearing on the agenda and will be limited to the methods provided below.
How to watch the meeting from home:
KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.
Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.
Public comment may be submitted by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item.
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https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **
**The mayor will announce the agenda item number and open public comment when appropriate.
The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.
AB 361 Procedures in the Event of Technical Difficulties: In the event the meeting broadcast is disrupted, or if a technical issue on the agency's end disrupts public participation, the legislative body board cannot take any further action on the agenda until the technical issue is resolved.
Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31.
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Effect of Advisory on In-person public participation: During the pendency of Assembly Bill 361, the language in this Advisory portion of the agenda supersedes any language contemplating in-person public comment.
Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.
B. ROLL CALL
C. CLOSED SESSION
.
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) One case •
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case•
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) DKD of Hilltop, Inc., et al. v. City of Richmond•
Californians for Homeownership, Inc. v. City of Richmond• C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond)
Agency negotiator: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
•
C.5 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:
SEIU Local 1021 Full Time Unit and Part Time Unit1.
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units
2. Richmond Police Officers Association RPOA3.
Richmond Police Management Association RPMA4.
IAFF Local 1885.
Richmond Fire Management Association RFMA6.
D. PUBLIC COMMENT BEFORE CLOSED SESSION
E. ADJOURN TO CLOSED SESSION
________________________________________________________
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.
G. ROLL CALL
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 Housing Authority Meeting Minutes 15
APPROVE the minutes of the Richmond Housing Authority December 20, 2022, and January 17, 2023, special meetings - City Clerk's Office (Pamela Christian 510-620-6513).
M.2 Continued use of teleconference technology 19
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 scheduled to end February 28, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).
N. ADJOURNMENT
_______________________________________________________
O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.
P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING
CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) U. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
V. OPEN FORUM FOR PUBLIC COMMENT
W. CITY COUNCIL CONSENT CALENDAR
W.1 City Attorney's Office
W.1.a Chevron Hydrogen Project Legal Services Agreement 23 APPROVE a legal services agreement with Aleshire & Wynder for legal representation related to a proposed Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to exceed $85,000 to be paid by fees collected from the project applicant - City Attorney’s Office (James Atencio 510-620- 6509).
W.1.b Approval of Settlement Agreement and General Release for Former Retired Annuitant, Jim Nantell
47 APPROVE a Settlement Agreement and General Release with former retired annuitant Jim Nantell; and AUTHORIZE the city manager to execute the agreement – City Attorney’s Office (Dave Aleshire 510-620-6509).
W.1.c Third Amendment to a contract with Burke, Williams & Sorensen, LLP to assist with RHA Asset Repositioning and, as requested, citywide affordable housing projects.
56 APPROVE a third amendment to the legal services contract with Burke, Williams & Sorensen, LLP to increase contract payment limit by $55,000, for a new total contract amount not to exceed $355,000, for assistance with Richmond Housing Authority Asset Repositioning and, as requested, city-wide affordable housing projects, and extending the expiration date to June 30, 2024 - City Attorney’s Office (Shannon Moore 510-620-6509).
W.2 City Clerk's Office
W.2.a City Council Meeting Minutes 90
APPROVE the minutes of the Richmond City Council Orientation meeting on January 17, 2023, and the minutes of the January 24 and February 7, 2023, regular meetings - City Clerk's Office (Pamela Christian 510-620-6513).
W.2.b Continued Use of Teleconferencing 110
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361 scheduled to end February 28, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).
W.3 City Council
W.3.a Resolution urging that Cuba be removed from U.S. list of State Sponsors of Terrorism
114
ADOPT a Richmond City Council resolution urging that Cuba be removed from U.S. list of State Sponsors of Terrorism; and DIRECT City staff to send a copy of the resolution and a cover letter to President Biden and our congressional delegation – Vice Mayor Gayle McLaughlin (510-620-6636).
W.3.b Approval to attend the Community Village Symposium in Austin, Texas
120
APPROVE travel requests to attend the Community Village Symposium in Austin, Texas in April – Councilmembers Soheila Bana (510-620-6743) and Cesar Zepeda (510-620-6593).
W.4 Fire Department
W.4.a Appropriate General Fund for Personal Protective Equipment and Increase Limit of Purchase Order with LN Curtis & Sons. 128
APPROVE a standing purchase order limit increase in the amount of $250,000, for a new total purchase order amount not to exceed of $716,000, with a term extended through January 20, 2024; and APPROPRIATE $199,500 from the General Fund, for the
procurement of personal protective equipment (PPE), firefighting tools, and safety supplies – Fire Department (Chief Angel Montoya 501-307-8041/Aaron Osorio 510-307-8021).
W.4.b Appropriate Additional Funds to Allow the Rotation of Fire Personnel to Staff the 2023 Fire Academy.
156
APPROPRIATE additional funds in the amount of $148,469.82 to augment the Fire Department’s Fiscal Year 2022 –2023 Overtime Budget to allow the rotation of one firefighter, one fire engineer, and one fire captain to staff the 2023 Fire Academy for twelve weeks, and backfill the three temporarily vacant roster assignments by authorizing the overtime of existing staff – Fire Department (Chief Angel Montoya 510-307-8038).
W.5 Human Resources
W.5.a Contract amendment for Municipal Resource Group (MRG), Peer Advocates and The Consulting Team
173
APPROVE contract amendments with Municipal Resources Group (MRG), Peer Advocates, and The Consulting Team in the amounts of $150,000 per contract, for the total contract limit amounts not to exceed $200,000 per contract, for a total of $600,000, for facilitation, conflict resolution, consultation and/or training services, for a three- year period extending through June 30, 2026; and APPROPRIATE the funds as needed – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).
W.5.b Contract with GovernmentJobs.com dba NEOGOV 324
APPROVE a sole-source contract with GovernmentJobs.com dba NEOGOV, in an amount not to exceed $50,984.65, for a three-year subscription to Insight Enterprise and GovernmentJobs.com, with a term from January 28, 2023, through January 27, 2026 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).
W.5.c Resolution Amending Staffing (Position Control) for the Community Services Department, City Attorney’s Office, and Police Department 376
ADOPT a resolution amending staffing (position control) for the Community Services Department, City Attorney’s Office, and Police Department; and APPROPRIATE the required wages, salaries, and benefits costs – Human Resources Department (Nickie
Mastay/Sharrone Taylor 510-620-6602).
W.5.d Fourth Contract Amendment with the Segal Group (Western States) DBA Segal
382
APPROVE a fourth contract amendment in the amount of $20,000 with The Segal Group, Inc., for a total amount not to exceed $350,000, to provide consultation services regarding implementation of the classification and compensation study, with a term extending through December 31, 2023 - Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
W.6 Library and Community Services
W.6.a Grant Application for the California Department of Food and Agriculture Fairground and Community Resilience Centers Program 494
ADOPT a resolution approving the Community Services-Recreation Department’s request to authorize it to file a grant application for the California Department of Food and Agriculture Fairground and Community Resilience Centers Program; and to approve its proposed, potential partnership list in said grant - Community Services Department (LaShonda White/Ranjana Maharaj/Jene Levine-Snipes 510-620-6793).
W.7 Mayor's Office
W.7.a Revised 2023 Appointments to Committees and Liaison Positions 500 APPROVE the revised liaison appointment and the addition of a committee to the Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2023 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).
W.7.b Richmond Arts and Culture Commission Appointment 505 APPOINT Carole J Porter to the Richmond Arts and Culture Commission, Term Expires January 31, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.7.c Recreation and Parks Commission Appointment 508
APPOINT Dani Lanis to the Recreation and Parks Commission, term expires, October 26, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.7.d Community Police Review Commission Appointment 511 APPOINT Michael Caesar to the Community Police Review
Commission, term expires, November 1, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.7.e Economic Development Commission Appointment 514
Appoint Christina Kenney to the Economic Development
Commission, term expires, March 30, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.7.f Youth Council Appointment 517
APPOINT Scarlett Perez to the Youth Council, term expires, October 1, 2023 – Mayor’s Office (Eduardo Martinez 510-620-6503).
W.7.g Commission on Aging Appointment 520
APPOINT Darlene Drapkin Rios to the Commission on Aging, term expires, May 19, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.7.h Reimagining Public Safety Community Task Force Appointment 523 APPOINT Lea Murray and Jamin Pursell to the Reimagining Public Safety Task Force, terms expire, June 30, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
W.8 Public Works
W.8.a Application for the Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Funding for Fiscal Year 2023-24
527
ADOPT a resolution authorizing a request to the Metropolitan Transportation Commission for the allocation of fiscal year 2023-2024 Transportation Development Act Article 3 pedestrian/bicycle project funding for the Carlson Blvd Path & Bike Education Project; and to ACCEPT and APPROPRIATE the funds should the grant be awarded – Public Works Department (Robert Armijo 510-620-5477/Ken Cheng 510-621-1612).
W.8.b Purchase of Police Pursuit Dodge Durango Vehicles 585 APPROVE the purchase of twenty 2023 4-door Police Pursuit Dodge Durango All Wheel Drive Sport Utility vehicles from Elk Grove Auto Group in a total amount not to exceed $975,000 – Public Works Department (Daniel Chavarria 510-620-5478).
W.8.c Private Sewer Lateral Grants for Brickyard Cove Homeowner’s Association Number Two
623
ADOPT a resolution authorizing participation by the Brickyard Cove Association Number 2 in the City’s private sewer lateral grant program and approval of the private sewer lateral grant award to this development, in the amount of $16,200, for the replacement of multiple laterals that is consistent with the current grant program guidelines – Public Works Department (Daniel Chavarria 510-620- 5478/Mary Phelps 510-621-1269).
W.8.d Contract with Sonoma Technology, Inc. for the Upgrade of the Hydrogen Sulfide Monitoring and Maintenance System
674
APPROVE a three year sole-source contract with Sonoma
Technologies, Inc., in an amount not to exceed $340,046, with a term ending December 31, 2025, to upgrade the existing Jerome® Hydrogen Sulfide meters and for continuous monitoring and maintenance of the data, with a two year renewal option in the amount of $208,698, for a total not-to-exceed contract limit of $548,744 – Public Works Department (Daniel Chavarria 510-620- 5478/Mary Phelps 510-621-1269).
W.8.e Contract with Wiss, Janney, Elstner Associates, Inc. (WJE) for Historic Resource Evaluations
714
APPROVE a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE), in an amount not to exceed $250,000, for a term ending June 30, 2024, to provide evaluation and related design services of certain historic structures at Winehaven Historic District and Shipyard No. 3 Historic District – Public Works Department (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841).
X. PUBLIC HEARINGS
X.1 Public Hearing to consider approval of an Encroachment Agreement Application for a private landowner encroachment into the unimproved public right of way at 130 E. Scenic Avenue
816
ADOPT a resolution to approve an Encroachment Agreement Application for a private landowner fence encroachment into the unimproved public right- of- way at 130 E. Scenic Avenue; and, DIRECT City staff to enter into an Encroachment Agreement regarding same to be recorded on the landowner’s property title – Public Works Department (Daniel Chavarria/Robert Armijo 510- 620-5477).
X.2 Keller Beach Sanitary Sewer Temporary (45-day) Urgency Ordinance 845 ADOPT an urgency ordinance, pursuant to Government Code Section 65858, establishing a temporary moratorium (45 days) on the issuance of certain building permits for development requiring a new sewer connection to the Keller Beach Sanitary Sewer and Declaring the Urgency thereof pursuant to Government Code Section 65858. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant effect on the environment because it maintains the existing condition of the environment. – Public Works Department (Daniel Chavarria 510-620-5478).
X.3 THIS ITEM HAS BEEN CONTINUED TO THE MARCH 7, 2023, CITY COUNCIL MEETING.
Public Hearing to Consider Encroachment Agreement Application Approval APPROVE an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right of way at 8 Western Drive; and AUTHORIZE the City to enter into a recorded Encroachment Agreement regarding same, to be recorded on the landowner’s property title - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-520-5477).
Y. BUDGET SESSION
Y.1 Budget Presentation 860
RECEIVE budget presentations from the City Manager, Capital Improvement Projects, Internal Services (Information Technology, Human Resources, Finance), Economic Development, City Clerk, City Council, Mayor’s Office - Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790). This item was continued from the February 7, 2023, meeting.
Y.2 Budget Presentations 964
RECEIVE budget presentations from Community Services (Children and Youth, Employment & Training, Environmental and Community Investment Agreement Grant Administration, Library, Office of Neighborhood Safety, Recreation, Transportation), Community Development (Building, Code Enforcement, Housing Policy, Planning, Successor Agency to the former Redevelopment Agency), and City Attorney’s Office – Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790).
Z. NEW BUSINESS
Z.1 Resolution authorizing City Manager and City Attorney (or their designees) to work through next steps for forming the Public Bank East Bay with the cities of Berkeley and Oakland
1012
RECEIVE a presentation from the Friends of Public Bank East Bay; and ADOPT a resolution authorizing the City Manager and City Attorney (or their designees) to work through next steps along the pathway to forming the Public Bank East Bay with the Cities of Berkeley and Oakland – Vice Mayor Gayle McLaughlin (510-620-6636).
Z.2 Three-year Agreement with Flock Group, Inc. 1020
APPROVE a three-year agreement with Flock Group, Inc. for the acquisition, support, and maintenance of a Fixed Automated License Plate Reader System, in an amount not to exceed $249,600, for a term beginning March 1, 2023, through February 28, 2026, and with two one-year renewal options based on the same terms - Police Department (Chief Bisa French 510-621-1802).
Z.3 Finance Committee and Support Staff 1079
APPROVE the creation of the Finance Committee and the hiring of the one staff person within the Mayor’s Office to support the Finance Committee. The deadline to create the Finance committee that includes the City staff will be March 21, 2023 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
AA. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
AB. ADJOURNMENT
________________________
RHA20Dec2022 – sl/prc
RICHMOND, CALIFORNIA, December 20, 2022
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority was called to order at 5:39 p.m. by Chairperson Thomas K. Butt via teleconference.
G. ROLL CALL
Present: Commissioners Claudia Jimenez, Demnlus Johnson III, Gayle McLaughlin, Melvin Willis, Vice Chairperson Eduardo Martinez, Chairperson Thomas K. Butt, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioner Nathaniel Bates was absent for the entire meeting.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The public comment instructional video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY OPEN FORUM
There were no public comments via teleconference.
L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Vice Chairperson Martinez
Seconded by Commissioner McLaughlin
To approve Item L.1.
Ayes (7): Commissioners Jimenez, Johnson III, McLaughlin, Willis, Vice Chairperson Martinez, Chairperson Butt, and Housing Authority Tenant Commissioner Scott
Absent: (1): Commissioner Bates
Passed (7 to 1)
L.1 Continued use of teleconference technology
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
Adopted Resolution No. 2175
RHA20Dec2022 – sl/prc
M. ADJOURNMENT
There being no further business, the meeting adjourned at 5:46 p.m.
Clerk of the City of Richmond Chairperson
RHA17Jan2023 – ud/prc
RICHMOND, CALIFORNIA, January 17, 2023
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The meeting was called to order at 6:51 p.m. by Mayor Eduardo Martinez via teleconference.
G. ROLL CALL
Present: Commissioners Soheila Bana, Claudia Jimenez, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Mayor Eduardo Martinez, and Tenant Commissioner Jaycine Scott. Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
None.
K. HOUSING AUTHORITY OPEN FORUM
None.
L. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Claudia Jimenez
Seconded by Vice Chair Gayle McLaughlin
Ayes (8): Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Tenant Commissioner Scott
Passed (8 to 0)
L.1 Continued use of teleconference technology
ADOPT a resolution requiring the continued use of teleconferencing for the meetings of the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361 – City Clerk’s Office (Pamela Christian 510-620-6513).
Adopted Resolution No. 2176.
L.2 Housing Authority Minutes
APPROVE the minutes of the December 6, 2022, Special Joint Meeting of the Richmond Housing Authority/Richmond City Council - City Clerk's Office (Pamela Christian 510-620-6513).
RHA17Jan2023 – ud/prc
M. ADJOURNMENT
There being no further business, the meeting adjourned at 5:46 p.m.
Clerk of the City of Richmond Chairperson
February 21, 2023
City Clerk's Office
DATE: February 21, 2023
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.
PREVIOUS COUNCIL
ACTION:
December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, June 21, 2022, July 19, 2022, August 19, 2022, September 19, 2022, October
18, 2022 , November 15, 2022 , December 20, 2022 ,
January 17, 2023
STATEMENT OF THE
ISSUE:
In order for the Board of Commissioners of the Richmond Housing Authority to continue conducting virtual meetings and comply with the provisions of the Brown Act, it is
necessary for the Board of Commissioners of the
Richmond Housing Authority to make findings verifying
the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of the Board of
Commissioners of the Richmond Housing Authority
pursuant to the provisions of AB 361 scheduled to end
February 28, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
February 21, 2023
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.
On September 16, 2021, the Governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, state health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The City will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all the Board of Commissioners of the Richmond Housing Authority pursuant to the provisions of AB 361
Reso. No. -23
RESOLUTION NO. -23
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING
AUTHORITY OF THE CITY OF RICHMOND, CALIFORNIA, MAKING FINDINGS
REQUIRING THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS
OF THE BOARD OF COMMISSIONERS OF THE RICHMOND HOUSING
AUTHORITY PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, , the Board of Commissioners of the Richmond Housing Authority has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the Board of Commissioners of the Richmond Housing Authority has met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED, That the Commissioners of the Housing Authority of the City of Richmond finds as follows:
1. As described above, the State of California and the City of Richmond remain in a state of emergency due to the COVID-19 pandemic. At this meeting the Board of Commissioners of the Richmond Housing Authority has considered the circumstances of the state of emergency; and
2. As described above State officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the Board of Commissioners of the Richmond Housing Authority requires the continued use of teleconferencing for the next 30 days for all public meetings of the Board of Commissioners of the Richmond Housing Authority; and
BE IT FURTHER RESOLVED, That all public meetings of the Board of Commissioners of the Richmond Housing Authority conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the Clerk of the Board of Commissioners of the Richmond Housing Authority is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the Board of Commissioners of the Richmond Housing Authority within the next 30 days.
Reso. No. -23
*********************
I certify that the foregoing resolution was passed and adopted by the Commissioners of the Housing Authority of the City of Richmond at a regular meeting thereof held, on, 2023, by the following vote:
AYES: .
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
(SEAL)
Approved:
Secretary
Approved as to form:
City Attorney
February 21, 2023
City Attorney's Office
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
David J. Aleshire, City Attorney
James J. Atencio, Senior Assistant City Attorney
Lina Velasco, Director of Community Development
SUBJECT:
Chevron Hydrogen Project Legal Services Agreement
FINANCIAL IMPACT: The total expenditure for the legal services agreement (LSA) is not to exceed $85,000. Deposits from the project applicant will be collected to cover costs related to this contract. A reimbursement agreement will also be
executed with Chevron to ensure all City costs related to this LSA are reimbursed by Chevron. This contract is
separate from the City Attorney’s Legal Services
Agreement approved by the City Council on July 19,
2022, in the amount of $1.6M.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
To support the City with specialized legal representation relating to the Chevron Hydrogen Fuel project , the City Attorney seeks approval of a legal services agreement
with Aleshire & Wynder for an amount not-to-exceed
$85,000 to be reimbursed by the Project applicant.
RECOMMENDED ACTION:
APPROVE a legal services agreement with Aleshire &
Wynder for legal representation related to a proposed
Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to
exceed $85,000 to be paid by fees collected from the
AGENDA
REPORT
February 21, 2023
project applicant - City Attorney’s Office (James Atencio 620-6509).
DISCUSSION:
The Chevron Products Company (Chevron) operates a petroleum refinery located in Richmond. The refinery currently operates a two-train hydrogen plant that produces hydrogen to supply process units including hydrocracking and hydrotreating to manufacture transportation fuels, such as gasoline.
Chevron plans to submit an application to the City’s Planning Department for a Hydrogen Fuel Project (project) in the city. The project proposes to alter the existing facility to produce fuel cell grade hydrogen (H2) as an alternative to motor vehicle fuel. As part of that process, Chevron has submitted an Authority to Construct (ATC) application to the Bay Area Air Quality Management District (BAAQMD) for a new Hydrogen Fuel Project. The project will require an environmental assessment to ensure compliance as required by the California Environmental Quality Act (CEQA), as well as demonstrate compliance with State and City requirements.
Given the complexity of the project, City staff is proposing to use Aleshire & Wynder, LLP to provide legal services and support to the Planning Department for the processing of the project application and associated review. A separate legal services agreement is proposed to help track costs and ensure that Chevron reimburses the City for all legal expenses associated with the consideration of their Project. As part of this effort, City staff would execute a reimbursement agreement with Chevron to ensure that Chevron fully pays for all costs and expenses related to the project.
DOCUMENTS ATTACHED:
Attachment 1 – Legal Services Agreement with Aleshire and Wynder
1 LEGAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF RICHMOND
AND
ALESHIRE & WYNDER, LLP
PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 21 day of February, 2023 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and ALESHIRE & WILSHIRE comprised of attorneys licensed to practice law in the State of California (“A&W”) with its principal place of business located at 18881 Von Karman Avenue, Suite 1700, Irvine, CA 92612 and with satellite offices in Alameda, Los Angeles, Fresno, Riverside and San Diego.
Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The following recitals are as follows:
A. City desires to secure professional services more fully described in this Agreement; and,
B. A&W represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.
AGREEMENT PROVISIONS
The Parties agree as follows:
1. RETENTION OF FIRM.
A. City hereby confirms, retains and authorizes A&W to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining A&W and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.
B. A&W shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.
C. A&W shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. A&W shall undertake, subject to approval of the City
2 Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES TO BE PROVIDED.
[See “Scope of Work” in Exhibit A] .
3. TERM OF AGREEMENT.
The services of A&W are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2024, unless the parties extend the Agreement in writing.
The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
4. ASSIGNMENT OF DUTIES.
It is contemplated that the primary attorney will be assigned from A&W shall be Shannon L. Chaffin). It is agreed by and between the Parties that should it be desirable for any attorney other than Shannon L. Chaffin to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in A&W be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney or the Director of Community Development should approve the assignment of such associate orally.
5. PUBLIC FUNDING.
A&W and City mutually recognize that A&W’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both A&W and City to ensure that A&W scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. A&W and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.
6. PAYMENT FOR SERVICE.
In consideration for A&W’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of A&W’s bill by the City Manager or Director of Community Development, A&W shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference. Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.
Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney and the Director of Community Development.
3 7. BILLING INVOICES.
A&W shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. A&W shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].
8. PROJECT PLAN AND BUDGET AND RESERVES.
A&W shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, A&W shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.
9. LITIGATION GUIDELINES.
When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.
10. BILLING.
A&W shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). A&W shall not use legal professionals for secretarial work and under no circumstances shall A&W have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.
11. STATUS REPORTS.
A&W shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time. Please
4 also attach any referenced filings to your status report.
12. TERMINATION.
Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of A&W under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due A&W for services rendered and costs and expenses incurred prior to termination shall remain due and payable. A&W agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.
13. CONFLICTS OF INTEREST.
A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.
B. A&W agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights A&W owes to the City under all applicable rules of professional conduct relating to conflict of interest.
14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.
City and A&W bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney or Director of Community Development.
15. AUDITS, RECORDS, AND DOCUMENTATION.
A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of A&W's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which A&W is properly entitled or for other purposes relating to the
5 Agreement. A&W shall assist the City in responding to any requests from the City’s auditors, and A&W shall not bill the City for any time spent responding to any such audit requests.
B. A&W shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. A&W shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City. Upon written notice by the City, A&W shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.
16. NON-DISCRIMINATION.
A. A&W agrees to observe 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 with the City of Richmond for services to refrain from discriminatory employment or subcontracting pr actices on the basis of the race, color, sex, sexual orientation, gend er identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor. Said Section
2.28.030 is, by this reference, a part of this Agreement.
B. If A&W is found in violation of the nondiscrimination provisions of the State of California Fair Employment Pr actices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of thi s Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
17. HOLD HARMLESS/INDEMNIFICATION.
A&W agrees to indemnify, hold harmless, release and defend to the m aximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of A&W, its employees, repre sentatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, A&W and its employees or agents, and members of the general public).
18. INSURANCE REQUIREMENTS.
A&W shall maintain in full force and effect the following insurance policies:
6 A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.
Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.
19. CONFIDENTIALITY AND MEDIA STATEMENTS.
The data, information and reports acquired or prepared by A&W in connection with matters upon which the City has retained A&W shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to A&W or other such information, documents, records, data or other materials to which A&W has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. A&W shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Manager or Director of Community Development. A&W shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.
20. AMENDMENTS.
This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.
21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.
A&W will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Manager or Director of Community Development .
22. NOTICES.
All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to A&W at its principal place of business listed on page one of this Agreement.
7 Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.
23. LAW GOVERNING AGREEMENT.
This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.
24. INVALID PROVISIONS.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.
25. LICENSE REQUIREMENTS.
A&W shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.
26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.
Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
8 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
ALESHIRE & WYNDER
By:_______________________________
Title:_____________________________
CITY OF RICHMOND
____________________________
Mayor/ City Manager
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
__________________________
City Clerk
Exhibit A
9 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
A&W shall provide land use and California Environmental Quality Act (CEQA) support services to the City of Richmond Planning Department for the Chevron Richmond Refinery’s Hydrogen Fuels Project (“Project”) including providing legal advice and consultation on all matters related to the Project; consulting City staff as needed on legal matters associated with the Project; review CEQA materials and advise as to legal requirements and options; advise regarding procedural requirements for consideration of associated entitlement(s); attended (virtually or otherwise) any City Staff, Planning Commission, and City Council meetings regarding the Project as requested; and provide any other requested related services, as may be assigned from time to time by, City Attorney and Director of Community Development. Said services shall be provided through a final determination(s) by the City on any proposed CEQA document or entitlement and any items necessary to effectuate the same (such as assistance with preparation of a notice of determination, etc.); however, a separate or amended agreement shall be required for any litigation-related services.
City of Richmond Contact Attorney: James Atencio, Senior Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates
Associate $295 per hour
Partner $385 per hour
Paralegal/Law Clerk $160 per hour
Document Clerk $75 per hour
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Eighty Five Thousand Dollars ($85,000) for attorneys’ fees and reimbursements.
Exhibit B
10 BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. A&W will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney and the Director of Community Development. In the interest of fairness, all A&W is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.
These protocols and guidelines are instituted to ensure that A&W conveys the information necessary for the City Attorney and the Director of Community Development to manage outside projects and litigation. Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.
I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney and the Director of Community Development reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).
Exhibit B
11 II. BILLING GUIDELINES
a. All tasks set forth in A&W’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. A&W shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.
When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. A&W acknowledges the fiscal constraints on City funding and therefore A&W assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing. f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. A&W shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
Exhibit B
12 i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
j. The City has retained A&W for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when A&W has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work A&W has done and billed another client for in the past.
k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If A&W is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires A&W to open a new file, the City Attorney and the Director of Community Development should be informed immediately. p. City reserves the right to require additional substantiation of any item of claimed expense.
III. REIMBURSEMENTS
a. The City will reimburse A&W for the following expenses, and for no other expenses:
1. Actual printing costs;
Copying costs at $.25 / page (for legal documents and file materials, but not library materials);
Actual cost of postage (including express mail delivery charges); Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
Transcription and reporter's fees; and
Exhibit B
13 Reasonable travel expenses will be fully reimbursed and the Attorney may bill for travel time and expenses.
2. Any expense other than those listed in section 1 must be approved by the City Attorney or the Director of Community Development in writing and in advance in an approved budget.
b. The City Attorney and the Director of Community Development must approve in advance any single reimbursement item in excess of $250. c. Any expense other than those listed in section “a.” must be approved by the City Attorney and Director of Community Development in writing and in advance in an approved budget.
d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in A&W’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges.
h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For exam ple, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.
Exhibit C
14 PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
Anticipated total costs;
The primary issues;
The probability of success; and
A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
Pre-commencement (legal and factual research for the complaint or answer); Pleadings;
Preliminary motions;
Initial discovery;
Factual investigation of merits (interviewing clients, employees and third parties);
Review and abstract City's documents;
Expert (non-medical) investigation and reports;
Medical experts and examinations;
Legal research on merits;
More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
Settlement negotiations;
Trial preparation; and
Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. A&W shall provide revisions to the project plan or budget at the request of the City Attorney or the Director of Community Development.
Exhibit C
15 h. A&W understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.
Exhibit D
16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.
The Authority shall be en titled to complete access to the covered part y’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the p rogress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.
In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands t hat the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liabi lity; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is res ponsible to re port, in writing, all settlement d emands or offers within one week of the time the offer is made or the demand is received.
Exhibit D
17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This nee d not be a mul ti-page deposition summary, but mu st, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an a ssessment of a ny other factors (such as local ju ry tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.
This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that d efense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.
Exhibit E
18 LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. A&W shall consult the City Attorney and the Director of Community Development regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits. b. The City Attorney or the Director of Community Development must approve the identity and number of staff assigned to the litigation, and any changes. c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney and Director of Community Development advised of any major developments in the lawsuit. Such copies shall be provided in electronic format compatible with software in the City Attorney’s office. e. Generally, the City Attorney will rely upon A&W for guidance on litigation strategy.
Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that A&W will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney and the Director of Community Development immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles.
g. Provide full descriptions of legal tasks performed. This will help the City Attorney and Director of Community Development follow case development and understand Firm’s strategy.
h. Some types of litigation-related expenses require prior approval by the City Attorney and the Director of Community Development, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
Exhibit F
19 SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of Aleshire & Wynder, LLP (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at _________ , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Exhibit G
20 City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Exhibit G
21 City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for s atisfaction of the deductible and/or self -insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
Exhibit G
22 City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project 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 21, 2023
City Attorney's Office
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Michael Huston, Aleshire & Wynder
Subject:
Approval of Settlement Agreement and General Release
for Former Retired Annuitant, Jim Nantell
FINANCIAL IMPACT: The financial impact for this item is $71,659.90, which will be paid out of the following account string: General
Liability – claimant payments 50182316-400553.
PREVIOUS COUNCIL
ACTION:
NA
STATEMENT OF THE
ISSUE:
The City Attorney’s Office is requesting City Council
approval of a settlement agreement with former retired
annuitant employee, Jim Nantell, for release of all
potential employment-related claims, including those
related to CalPERS enforcement
RECOMMENDED ACTION:
APPROVE a Settlement Agreement and General
Release with former retired annuitant Jim Nantell; and
AUTHORIZE the city manager to execute the agreement
– City Attorney’s Office (Dave Aleshire 510-620- 6509).
AGENDA
REPORT
February 21, 2023
DISCUSSION:
In early 2022, CalPERS conducted an investigation of Mr. Nantell’s employment with the City. Following the investigation, CalPERS concluded his employment did not comply with retired annuitant hiring rules and regulations. Mr. Nantell appealed the determination, which initiated the administrative hearing process.
Early during this process, CalPERS indicated to Mr. Nantell that it would be willing to resolve the matter for far less than the $202,000 penalty they were seeking from Mr.
Nantell, and if this offer was accepted, they would not pursue his reinstatement from retirement. While neither the City nor Mr. Nantell admit to any liability or wrongdoing, Mr. Nantell and the City wish to settle claims to avoid potentially costly litigation and to facilitate resolution of the matter with CalPERS.
The City Attorney’s Office has prepared a settlement agreement with Mr. Nantell, whereby the City would pay him a lump sum amount of $71,659.90 in exchange for a release of all potential employment claims against the City, including those related to the above-referenced CalPERS enforcement matter.
DOCUMENTS ATTACHED:
Attachment 1 - Settlement Agreement and General Release
01337.0004/837190.9 1
SETTLEMENT AGREEMENT AND GENERAL RELEASE
1. PARTIES
This Settlement Agreement and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Richmond, a California charter city (hereinafter referred to as “THE CITY”), and James M. Nantell, an individual (hereinafter referred to as “RETIREE”). Both THE CITY and RETIREE are collectively referred to as “THE PARTIES.” This AGREEMENT shall be deemed to be effective as of the date it has been approved by the City Council and executed by both of THE PARTIES (the “EFFECTIVE DATE”).
2. RECITALS
2.1. RETIREE worked for THE CITY as a California Public Employees’ Retirement System (“CalPERS”) retired annuitant between February 2021 and January 2022. As a retired annuitant, RETIREE’s work for THE CITY was subject to CalPERS retired annuitant hiring requirements and restrictions, including but not limited to Government Code sections 21220, 21221(h), 21224, and 7522.56 (the “RETIRED ANNUITANT REQUIREMENTS”).
2.2. By a letter dated March 29, 2022, CalPERS notified RETIREE and THE CITY that it had determined that RETIREE had been employed by THE CITY in violation of the RETIRED ANNUITANT REQUIREMENTS, based on allegedly “filling the vacant Community Services Director position while there was no recruitment by the City for a permanent appointment.” RETIREE submitted a timely appeal of CalPERS’ determination.
2.3. Following RETIREE’s timely appeal, by a letter dated September 9, 2022, CalPERS notified RETIREE that in lieu of pursuin g reinstatement of RETIREE and a penalty of $202,048.28, “CalPERS is willing to resolve this violation by allowing you to repay CalPERS for the retirement warrants you received from the dates you worked in the vacant position, from February 2021 through May 2021.” CalPERS indicated in its September 9, 2022 letter it had determined that the retirement warrants received by RETIREE during this timeframe totaled $71,659.90. On November 17, 2022, RETIREE submitted to CalPERS notification, in the form requested by CalPERS, accepting the proposed remedy and agreeing to pay to CalPERS the amount of $71,659.90 to resolve the pending CalPERS administrative action. By a letter dated February 2, 2023, CalPERS invoiced RETIREE for the amount of $71,659.90.
` 2.4. Both THE CITY and RETIREE deny any wrongdoing with respect to CalPERS and to each other, in connection with CalPERS’ assertion that RETIREE was employed in violation of RETIRED ANNUITANT REQUIREMENTS. THE CITY desires to enter into th is AGREEMENT with RETIREE solely to avoid potential claims and/or litigation and buy its peace.
2.5 Pursuant to the terms and conditions of this AGREEMENT, and in consideration of the various releases contained in this AGREEMENT, THE CITY agrees to provide RETIREE a one-time lump sum settlement payment in the amount of $71,659.90 in exchange for a release of any claims RETIREE might have against THE CITY in connection with or related to his employment, including those arising out of violation of RETIRED ANNUITANT REQUIREMENTS alleged by CalPERS and CalPERS’ related enforcement action.
3. CONSIDERATION
01337.0004/837190.9 2
3.1. All of the recitals listed in Paragraph 2 above are material provisions of this AGREEMENT.
3.2. In exchange for the waivers and releases set forth herein, THE CITY shall cause to be paid to RETIREE a lump sum amount of Seventy One Thousand Six Hundred Fifty Nine dollars and Ninety cents ($71,659.90) in the form of a check made payable to RETIREE to be mailed to RETIREE at RETIREE’s home address via certified mail return receipt requested within thirty (30) calendar days after the EFFECTIVE DATE.
3.3. In exchange for the settlement and release payment provided for herein, RETIREE, and on behalf of RETIREE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which RETIREE now has or may acquire in the future, or which RETIREE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the b eginning of time up to and including the date RETIREE executes this AGREEMENT (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.
RETIREE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, any demands or claims related to or arising out alleged violation of RETIRED ANNUITANT REQUIREMENTS and CalPERS’ related enforcement action, any claims for negligence, any claims for indemnification, claims based upon any alleged breach of any agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or empl oyment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, sta te, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.
3.4. RETIREE specifically agrees that he shall not in the future file, participate in, instigate or encourage the filing of any lawsuits, complaints, charges or any other proceedings in any state or federal court of before any local, state, or federal agency, administrative tribunal, quasi-administrative tribunal or person, claiming that THE CITY has violated any local, state or federal laws, statutes, ordinances or regulations or claiming that THE CITY has engaged in any tortious, other state, or other federal based misconduct of any kind, based upon any events occurring prior to the date of RETIREE’s execution of this AGREEMENT.
01337.0004/837190.9 3
3.5. Nothing in this AGREEMENT is intended to or shall interfere with RETIREE’s right to participate in a proceeding with any appropriate federal, state or local governmental agency, including but not limited to the federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing, enforcing discrimination laws, nor shall this AGREEMENT prohibit RETIREE from cooperating with any such agency in its investigation. Additionally, consistent with the requirements of Civil Code section 1670.11, nothing in this AGREEMENT is intended to waive RETIREE’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of agents or employees of THE CITY, when RETIREE has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the Legislature. Finally, THE CITY understands that to the extent mandated by law, RETIREE will comply with all legal obligations arising out of his employment with the CITY pursuant to any lawful subpoena or court order , or as otherwise required by law.
4. UNKNOWN CLAIMS
In relation to the release provisions of Paragraph 3 above, RETIREE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
RETIREE hereby waives the protection of California Civil Code section 1542.
5. WAIVER OF ADDITIONAL CLAIMS
RETIREE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3 and 4 above.
6. REPRESENTATIONS AND WARRANTIES
Each of THE PARTIES to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:
6.1. Advice of Counsel: THE PARTIES hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. THE PARTIES acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.
01337.0004/837190.9 4
6.2. No Fraud in Inducement : No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.
6.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.
6.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between THE PARTIES, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
6.5. Later Discovery: THE PARTIES are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of THE PARTIES that RETIREE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
6.6. Indemnification: RETIREE agrees to indemnify and hold harmless THE CITY and THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violati on or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. RETIREE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT.
In addition, RETIREE agrees fully to indemnify and hold THE CITY and THE CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.
6.7. No Pending Claims and/or Actions: RETIREE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE D ATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of RETIREE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.
01337.0004/837190.9 5
6.8. Ownership of Claims: RETIREE represents and warrants as a material term of this AGREEMENT that RETIREE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of t he CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, RETIREE further warrants and represents that none of the CLAIMS released by RETIREE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
6.9. Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
6.10. Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. THE PARTIES represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.
7. MISCELLANEOUS
7.1. No Admission: Neither of THE PARTIES admits any liability; neither of THE PARTIES admits that he/it has committed any act which creates liability to any other. THE PARTIES specifically disclaim any liability to, or wrongful acts against, each other and any other person or organization and its agents, representatives or successors in interest and assigns. THE CITY intends solely to avoid potential claims and/or litigation and buy its peace.
7.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of THE PARTIES shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
7.3. Full Integration: This AGREEMENT is the entire agreement between THE PARTIES with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by THE PARTIES hereto.
7.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
7.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.
7.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder o f this AGREEMENT shall still be in full force and effect.
01337.0004/837190.9 6
7.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.
7.8. Counterparts: This AGR EEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.
7.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered Uni ted States mail, or personal delivery, at the noticing party’s discretion, and addressed to THE PARTIES as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar day s following deposit of the same in the United States mail.
As to RETIREE:
At RETIREE’s home address on file with THE CITY.
As to THE CITY:
City Manager
City of Richmond
440 Civic Center Plaza
Richmond, CA 94804
7.10. Applicability of Government Code Defense Responsibilities: This AGREEMENT is not intended to alter THE CITY’s defense responsibilities under state law (California Government Code §995 et seq.) with respect to any third party employment civil claims or actions against RETIREE as a former employee of THE CITY.
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its City Manager and duly attested by its City Clerk, RETIREE has signed and executed this Agreement, and the attorneys for THE CITY an d RETIREE, if any, have approved as to form as of the dates written below.
[SIGNATURES ON FOLLOWING PAGE]
01337.0004/837190.9 7
DATED: _______________ RETIREE
By: ________________________________
James M. Nantell
THE CITY
DATED: __________________ By: ________________________________ Shasa Curl, City Manager
ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: ________________________
David J. Aleshire, City Attorney
MESSING ADAM & JASMINE LLP
By: ________________________
Lina Balciunas Cockrell
February 21, 2023
City Attorney's Office
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Nanette Beacham, Director of Economic Development
Gabino Arredondo, Interim Richmond Housing Authority
Executive Director
Subject:
Third Amendment to a contract with Burke, Williams &
Sorensen, LLP to assist with RHA Asset Repositioning
and, as requested, citywide affordable housing projects.
FINANCIAL IMPACT: The Third Amendment to the contract is not to exceed $55,000.00, for a total not-to-exceed contractual amount of $355,000, proposed to be paid from the City’s General Fund.
PREVIOUS COUNCIL
ACTION:
August 21, 2021; August 21, 2021
STATEMENT OF THE
ISSUE:
To ensure the appropriate legal representation relating to the Richmond Housing Authority asset repositioning
efforts and related affordable housing projects, the City Attorney requests approval of the Third Amendment in
the amount of $55,000 to the legal services agreement
with Burke Williams & Sorensen, LLP
RECOMMENDED ACTION:
APPROVE a third amendment to the legal services
contract with Burke, Williams & Sorensen, LLP to
increase contract payment limit by $55,000, for a new
total contract amount not to exceed $355,000, for
assistance with Richmond Housing Authority Asset
Repositioning and, as requested, city-wide affordable
housing projects, and extending the expiration date to
June 30, 2024 - City Attorney’s Office (Shannon Moore
510-620-6509).
AGENDA
REPORT
February 21, 2023
DISCUSSION:
The City contracts with Burke, Williams & Sorensen, LLP (“Burke”) to provide specialized legal services and to represent the City accordingly. Burke’s affordable housing expertise is, and has been, instrumental in providing support to Richmond Housing Authority (“RHA”) and the City in RHA’s asset repositioning efforts (e.g., the closing of Hacienda and Nevin Plaza projects). The City endeavors to rehabilitate, preserve, and increase affordable housing within the City through creation of a more sustainable platform. In addition to RHA’s matters, the City anticipates affordable housing project opportunities arising that will require the City to perform sophisticated analyses amid careful considerations; in these instances, Burke’s representation serves the City by providing access, if needed, to attorneys specializing in this niche area of law. Such access augments and deepens the City’s capacity to evaluate opportunities and navigate attendant processes successfully.
The City entered into the original Legal Services Agreement (“LSA” or “contract”) with Burke on April 9, 2021, for one year through June 30, 2022, in an amount of $10,000.
Since then, the City has amended the contract twice. The First Amendment, on August 21, 2021, increased the contractual amount by $290,000, for a total not-to- exceed amount of $300,000. The Second Amendment, on August 21, 2021, extended the contract’s term through June 30, 2023. The proposed Third Amendment increases the contract amendment by $55,000, and extends the term to June 30, 2024.
DOCUMENTS ATTACHED:
Attachment 1 - Third Amendment to Burke LSA (proposed)
Attachment 2 - Second Amendment to Burke LSA
Attachment 3 - First Amendment to Burke LSA
Attachment 4 - Burke LSA
Third Amendment to Agreement for Legal Services A-1
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
BURKE, WILLIAMS & SORENSEN, LLP
This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and BURKE, WILLI AMS & SORENSEN, LLP (“Special Counsel”) (the " Third Amendment") i s ent ered into as of February 21, 202 3, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities; and
WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to extend the term of the agreement to June 30, 2024; and
WHEREAS, the City now desires for S pecial Coun sel to continue its representation of the City, and to in crease the compensation limit by Fifty-Five Thousand Dollars ($55,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Third Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment 1. Section 3 of the Agreement, TERM OF AGREEMENT, is amended to read as follows:
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on June 30, 2024 unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect.
3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
Third Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF , the City and Special Counsel have caused t his Second Amendment to be effective as of the last date written below.
CITY OF RICHMOND BURKE, WILLIAMS & SOR ENSEN,
LLP
________________________ By __________________________ Mayor
Title _________________________
Date:____________________ Date:_________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
Third Amendment to Agreement for Legal Services A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Council shall provide general real estate development services and low-income housing finance and development services as part of the HUD Rental Assistance Demonstration program; as otherwise requested by the Richmond Housing Authority (RHA); and for services to support RHA’s Asset Repositioning efforts.
(City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney)
Schedule of Fees & Charges:
Hourly Rates
Rates in
effect since
April 2021
per existing
legal services
agreement
Proposed rates
effective
January 2023
for non-cost
recovery
matters
Proposed
cost-recovery
rates
effective
January 2023
Susan Bloch
$375 $425 $465
Other
Partners
$400 $450
Senior
Associates
$365 $395
Junior
Associates
$335 $350
Compensation:
Only those costs and expenses set forth in Section III of Exhibit ”B“, entitled “Reimbursements” shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits “A” and “B” and shall not exceed Three Hundred Fifty Thousand Dollars ($355,000) for attorneys’ fees.
DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15
DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15
DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15
DocuSign Envelope ID: 08E23A74-FE51-46D7-BE0A-836FCFCEFA15
cc17Jan2023 – ud/prc
RICHMOND, CALIFORNIA,
SPECIAL CITY COUNCIL MINUTES
January 17, 2023, 2:00 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL/ORIENTATION The meeting was called to order at 2:13 p.m. by Councilmember Gayle McLaughlin via teleconference.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Gayle McLaughlin, and Doria Robinson. Absent: Councilmember Melvin Willis and Mayor Eduardo Martinez arrived after the roll was called. Councilmember Cesar Zepeda was absent the entire meeting.
C. NEW BUSINESS
C.1 City Council Orientation
RECEIVE a City Council orientation presentation and handbook from City staff – City Manager/City Clerk/City Attorney (Shasa Curl/Pam Christian/Dave Aleshire 510-620-6512).
The City Council received presentations from staff regarding: Overview of City Council roles and responsibilities; Outline of ethical and legal parameters related to their working relationships; Information regarding the responsibilities of City staff members; City of Richmond Overview and Contacts; City Council Agenda Process and Administrative Support; Meeting Procedures and Mandatory Council Trainings; Municipal Finance and Budgeting; and City-Wide Guiding Documents.
D. PUBLIC COMMENT - LIMITED TO ITEM C.1 ONLY
None.
E. ADJOURNMENT
There being no further business, the meeting adjourned at 3:48 p.m. to meet again on January 24, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor
cc24Jan2023 – ud/prc
RICHMOND, CALIFORNIA,
January 24, 2023, 4:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The meeting was called to order at 4:30 p.m. by Mayor Eduardo Martinez via teleconference.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent:
Councilmember Melvin Willis arrived after the roll was called.
C. CLOSED SESSION
A motion made by Councilmember Zepeda, seconded by Councilmember Willis, added a Closed Session item to discuss possible threat of litigation regarding the Housing Element, passed by the unanimous vote of the City Council.
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Arriaga v. City of Richmond
City of Richmond v. Pacific Gas & Electric
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north
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Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
• Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:35 p.m. Closed Session adjourned at 6:44 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:46 p.m.by Mayor Eduardo Martinez via teleconference.
G. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Wilis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
Item O.2.c. - (2023 Appointments to Committees and Liaison Positions) was removed from the Consent Calendar and was heard immediately after Public Comment. Item R.2 (Presentation of the Richmond Greenway Gap Closure Study) was heard after Item O.2.c. .
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Arriaga v. City of Richmond
· City of Richmond v. Pacific Gas & Electric
City Council directed staff to proceed with settlement agreements.
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
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3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
A status report was given, and the item was continued to a future meeting.
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
• Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
• Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
Not discussed.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported that the Youthworks Job Readiness Workshops would meet Thursdays from 4 p.m. to 6 p.m. at 330 25th Street. More information could be obtained by calling 510-412-2040. Ms. Curl also reported that the Sewer Lateral Grant Program was open for Fiscal Year 22-23. More information could be obtained by calling 510-620-6554.
M. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
M.1 Richmond Police Department’s Crime Statistics Trend and Reporting Changes.
RECEIVE a presentation from the Police Department regarding a five-year historic crime trend and the change from Uniform Crime Reporting (UCR) to National Incident Based Reporting System (NIBRS) – Police Department (Chief Bisa French 510-621-1802).
Police Chief Bisa French presented a PowerPoint which highlighted the following: 5-Year Progression Report; Violent Crime Summary; Property Crime Summary; Homicides; Aggravated Assaults; Robberies; Burglaries; 1.354 Thefts; 1,077 Vehicle Thefts; Violent Crime Summary; Property Crime Summary; and explanation of how the National Incident Based Reporting System (NIBRS) was superior to Uniform Crime Reporting (UCR) SRS. Discussion ensued. An updated report would be given at a future meeting with comparisons between the two reporting types.
N. OPEN FORUM FOR PUBLIC COMMENT
The following individuals gave public comments via teleconference:
Naomi Williams welcomed the newly elected councilmembers and asked if crime reports would be given by district or neighborhood.
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Mark Wassberg stated that Vice Mayor McLaughlin should not be vice mayor because she already served two terms as mayor.
Don Gosney stated crime statistics are not always accurate because some crimes were not reported.
Sara Cantor stated that perceptions of crime were very different from actual crimes.
Deborah Small gave comments regarding police department vacancies. Ms. Small also suggested that the agenda packet have a table of contents in order to have the ability to go directly to the item of interest.
Steve Bischoff asked what part of the crime statistics were actually followed up on verses those being reported.
Jamin Pursell stated the new reporting system would not track actual number of crimes as compared to a singular incident with many crime types.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Cesar Zepeda
Ayes (6): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Absent (1): Councilmember Melvin Willis
Passed (6 to 0)
O.1 Finance Department
O.1.a Contract for Cost Allocation Plan
APPROVE a contract in the amount of $17,290 with Matrix Consulting Group to develop a Cost Allocation Plan to direct staff from the Finance Department and Richmond Rent Program to prepare the Full Cost Allocation Plans that adheres to both Government Code Section 50076 and Richmond Municipal Code Section 11.100.060(l), for a term beginning January 18, 2023, through January 17, 2025 – Finance Department (Shasa Curl/Nicolas Traylor/Mubeen Qader 510-412-2077).
This item was continued from the January 17, 2023, meeting.
O.2 Mayor's Office
O.2.a National Human Trafficking Awareness Month
PROCLAMATION declaring January 2023 as Human Trafficking Awareness Month – Office of the Mayor (Mayor Eduardo Martinez 510- 620-6503)
O.2.b Black History Month – February 2023
PROCLAMATION declaring February 2023 as Black History Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
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O.2.c 2023 Appointments to Committees and Liaison Positions APPROVE appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2023 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
Mayor Martinez made corrections to the appointments to Committees and Liaison positions.
The information is as follows:
Boards, Commissions and Committee Liaisons:
Arts and Culture Commission:
Bana
Citizens Police Review Commission: Jimenez
Commission on Aging: McLaughlin
Design Review Board: Martinez
Economic Development Commission: Zepeda
Historic Preservation Commission: Bana
Housing Advisory Commission: Zepeda
Human Rights and Human Relations Commission:
Willis
Library Commission: McLaughlin
Personnel Board: Willis
Planning Commission: Jimenez
Public Art Advisory Committee: Robinson
Recreation and Parks Commission: Jimenez
Richmond-Shimada Friendship Commission: Zepeda
Richmond-Zhoushan Friendship Commission: Martinez
Richmond-Regla Friendship Committee: McLaughlin
Richmond Youth Council: Martinez
Urban Forest Advisory Committee: Robinson
Workforce Development Board: Martinez
City of Richmond Ad Hoc Committees
NURVE Policy Ad Hoc Committee Members: Robinson
Alternate: Jimenez
ECIA Environmental and Community Investment Ad Hoc Committee Members: Bana, Zepeda, Willis
Alternate: Robinson
Regional Committees
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West Contra Costa Integrated Waste Management Authority (RecycleMore) Members: Robinson,
McLaughlin, Zepeda
Alternate: Willis
West County Agency
(JPA between the City of Richmond and the West County Wastewater District)
Members: Zepeda, Martinez Alternate: Bana
Association of Bay Area Governments (ABAG) Representative Members: Jimenez
Alternate: Martinez
East Bay Regional Parks Members: McLaughlin, Martinez Alternate:
Jimenez
Gilman Street Sport Complex Members: Bana
Alternate: Willis
League of CA Cities East Bay Division Members: Zepeda
Alternate: Bana
League of CA Cities Voting Representative Members: Martinez Alternate: Zepeda
MCE Clean Energy Representative Members: Martinez
Alternate: McLaughlin
North Richmond Mitigation Fee Joint Committee Members:
Robinson, Willis, Martinez
Alternate: Jimenez
West Contra Costa Transportation Advisory Committee (WCCTAC) Members: Bana, Zepeda, Martinez
Alternate: Jimenez
West Contra Costa Unified School District Liaison (WCCUSD) Members: Martinez
Alternate: Jimenez
Councilmember Zepeda stated he would agendize an item for consideration of the possible reestablishment of the Finance Committee and consideration of the establishment of a charter amendment committee.
Motion by Councilmember Claudia Jimenez
Seconded by Vice Mayor Gayle McLaughlin
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez
Passed (7 to 0)
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O.2.d Electric Vehicle Fleet
RECEIVE a written report from MOTIV PS on the benefits of transitioning to an electric fleet – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).This item was continued from the November 22, 2022, December 6, 2022, and December 20, 2022, meetings.
O.3 Public Works
O.3.a I-80 Central Avenue Interchange Improvements Phase II project ADOPT a resolution approving the Central Avenue at Interstate 80 Local Road Improvement Project Initial Study and Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Plan (MMRP),and authorizing the city manager to execute a first amendment to the Contra Costa County agreement for real property right of way services, in the amount of $1,000,000, for a new total amount of $1,050,000 – Public Works Department (Daniel Chavarria 510-620-5478).
Adopted Resolution No. 6-23.
P. BUDGET SESSION
P.1 Mid-Year Budget Presentation
RECEIVE budget presentations from the city manager and the Police and Fire departments – Finance Department (Shasa Curl 510-620-6512/Bisa French 510- 621-1802/Angel Montoya 510-307-8041/Mubeen Qader 510-412-2077).
City Manager Shasa Curl gave an overview. Chief Bisa French and Chief Montoya presented the Police and Fire Department Mid-Year Budgets.
Discussion ensued. Councilmembers requested data regarding building inspections and how many have been inspected and require inspection. CalPers and OPEB costs would be discussed at a City Council meeting in February.
Leisa Johnson, Deborah Smalls, and Jamin Pursell gave comments via teleconference.
Q. PUBLIC HEARINGS
Q.1 6th Cycle Housing Element Adoption Hearing
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing to adopt a resolution adopting the Addendum to the Richmond General Plan 2030 Environmental Impact Report (SCH#2008022018), adopting a General Plan Amendment to repeal the Richmond General Plan 2015- 2023 Housing Element, and adopting the Housing Element Update for the 2023- 2031 (6th cycle) planning period (PLN22-130) – Community Development Department (Lina Velasco 510-620-6841/Hector Rojas 510-621-1220).
Director of Community Development Lina Velasco presented the item. Jen Murillo, LWC, Margarita Lin, Just Cities, presented a PowerPoint which highlighted the following: Housing Element Introduction; Community Engagement; Housing Element Components; Process 2022-2023; Affirmatively Furthering Fair Housing; Community Engagement Formats; Regional Housing Needs Allocation; Sites Inventory Table; Goals; Related General Plan Amendments - Environmental Justice Element, Housing Element, and Safety Element. Discussion ensued.
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Mayor Martinez opened the public hearing. Sally Tobin, Tarnel Abbott, Leisa Johnson, and Jamin Pursell gave comments via teleconference. Mayor Martinez closed the public hearing.
A motion was made by Vice Mayor Gayle McLaughlin, seconded by Councilmember Soheila Bana adopting the Addendum to the Richmond General Plan 2030 Environmental Impact Report (SCH#2008022018), adopting a General Plan Amendment to repeal the Richmond General Plan 2015-2023 Housing Element, and adopting the Housing Element Update for the 2023-2031 (6th cycle) planning period (PLN22-130) with the following amendment to the EIR Addendum on Page 3 of the resolution at the third whereas, and at the end of the third whereas paragraph: "however the city council would not move forward at this time with the environmental justice element, public safety element, and noise element, which will be reviewed at a later date, along with associated impacts of these elements".
Adopted Resolution No. 7-23
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
R. STUDY AND ACTION SESSION
R.1 Report by the West Contra Costa Fire Safe Council
RECEIVE a presentation from West Contra Costa Fire Safe Council (WCCFSC) regarding its mission, objectives, and achievements – Fire Department (Chief Angel Montoya 510-307-8041). This item was continued from the December 20, 2022, meeting.
CONTINUED to the February 28, 2023, City Council meeting.
R.2 Presentation of the Richmond Greenway Gap Closure Study RECEIVE a presentation; and ADOPT a resolution adopting the Richmond Greenway Gap Closure Study – Public Works Department (Daniel Chavarria/Patrick Phelan 510-307-8111).
Patrick Phelan gave an overview of the item. Karina Schneider, Fehr & Peers presented a PowerPoint, which highlighted the following: Community Engagement; Transportation Improvements. Park Improvements; Implementation Steps; Potential Funding Sources. Discussion ensued. Councilmembers requested that staff add District 3 projects to the project improvements list.
Naomi Williams, Sara Cantor, and Dani (no last name) gave comments via teleconference.
A motion was made to take the list of additional traffic improvement measures recommended as part of the Bridge Study and include them in the existing list of Street Safety Improvements list that was currently in place and prioritized for near term funding.
Motion by Councilmember Doria Robinson
Seconded by Councilmember Claudia Jimenez
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Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
R.3 Community Crisis Response Program Update
RECEIVE an update regarding the development of a Community Crisis Response Program – Community Services Department (LaShonda White/Patrick Seals 510- 620-6512).
CONTINUED to the February 28, 2023, City Council meeting.
S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
Mayor Martinez reported that he would speak at the Fairmede Hilltop Neighborhood Council meeting on Thursday, January 26, 2023.
Councilmember Zepeda stated he spoke with the evacuated residents near the Seaview hillside landslide.
T. ADJOURNMENT
There being no further business, the meeting adjourned at 11:48 p.m., to meet again on February 7, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor
1 RICHMOND, CALIFORNIA,
February 7, 2023, 4:30 p.m.
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________
A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The meeting was called to order at 4:30 p.m. by Mayor Eduardo Martinez via teleconference.
B. ROLL CALL
Present: Councilmembers Soheila Bana, Doria Robinson, Melvin Willis, and Mayor Eduardo Martinez. Absent: Councilmember Claudia Jimenez and Vice Mayor Gayle McLaughlin arrived after the roll was called. Councilmember Cesar Zepeda arrived after the City Council adjourned to Closed Session.
C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Stephenson v. City of Richmond
Winehaven v. City of Richmond
Guidiville Rancheria of California, et al. v. United States of America, et al.
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
Californians for Homeownership, Inc. v. City of Richmond C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Two cases:
2 In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching two letters to this agenda. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One Case
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
Real Property Negotiations Property: 12th and Macdonald Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
D. PUBLIC COMMENT BEFORE CLOSED SESSION
None.
E. ADJOURN TO CLOSED SESSION
The meeting adjourned at 4:33 p.m. Closed Session adjourned at 6:30 p.m.
F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The meeting was called to order at 6:35 p.m. by Mayor Eduardo Martinez via teleconference.
G. ROLL CALL
Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.
Absent: None.
H. PUBLIC COMMENT INSTRUCTIONAL VIDEO
The Public Comment Instructional Video was shown.
I. STATEMENT OF CONFLICT OF INTEREST
None.
J. AGENDA REVIEW
3 Items O.2.a. (Adoption of the Richmond Bicycle and Pedestrian Action Plan BPAP) and O.6.b (Service agreement with Contra Costa District Attorney's Office to continue the community-based prosecution program) were removed from the Consent Calendar to be discussed after approval of the Consent Calendar.
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE
DURING CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
1. SEIU Local 1021 Full Time Unit and Part Time Unit
2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
3. Richmond Police Officers Association RPOA
4. Richmond Police Management Association RPMA
5. IAFF Local 188
6. Richmond Fire Management Association RFMA
A status report was given, and negotiators received direction to continue negotiations.
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Stephenson v. City of Richmond - Direction for a settlement offer for mediation was approved by unanimous vote.
· Winehaven v. City of Richmond - Not discussed.
· Guidiville Rancheria of California, et al. v. United States of America, et al. - Not discussed.
· North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond - Not discussed.
Californians for Homeownership, Inc. v. City of Richmond - Not discussed.
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) · Two cases:
In light of the California Court of Appeal's decision in Fowler v. City of Lafayette, the City Attorney's Office is attaching two letters to this agenda. These letters provide the existing facts and circumstances for going into closed session on these items pursuant to California Government Code Section 54956.9(d)(2) and (e)(3).
A status report was given and there was no reportable action.
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
· One Case
Not discussed.
C.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
· Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north
4 Agency negotiators: Anita Luck, Lina Velasco, and Jesus Morales Negotiating parties: Miraflores Community Devco, LLC Under negotiation:
Price and terms of payment
Not discussed.
· Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiator: Dave Aleshire and Lizeht Zepeda
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment
Not discussed.
· Real Property Negotiations Property: 12th and Macdonald Agency negotiators: Dave Aleshire, Lina Velasco, and Jesus Morales Negotiating parties: SAA-EVI Richmond Partners, LLC
Under negotiation: Price and terms of payment
Not discussed.
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported that The Food Bank of Contra Costa & Solano would continue the bi-monthly Richmond Civic Center Drive-Thru Distribution. The distribution time would be from 12:00 p.m. – 1:00 p.m. at Barrett Avenue & 25th Street.
For more information contact https://www.foodbankccs.org/map-city/richmond/ or call the Richmond Transportation Department at (510) 621-1718 City Manager Curl also stated that Spark Point Contra Costa was offering several financial services to the community. Free tax preparation would begin on February 16, 2023, at 1000 Macdonald Avenue 510- 779-3200.
M. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Daniel Chavarria presented a PowerPoint which highlighted the following: Illegal dumping; Encampment Abatement; Weed Abatement; RV Dismantling; Graffiti Removal; and Abatement Staff Hours.
N. OPEN FORUM FOR PUBLIC COMMENT
Catalin Kaser and Robert of Bike East Bay encouraged the City Council to support Item O.2.a. regarding the Richmond Bicycle and Pedestrian Action Plan.
Mark Wassberg gave comments regarding prostitution.
Jim Becker from the Richmond Community Foundation congratulated the city on how it had dealt with climate issues. Mr. Becker also thanked the city for partnering in the upcoming vehicle recharging hub.
Naomi Williams announced that Juneteenth would be on Saturday, June 17, 2023.
Tarnel Abbott gave comments regarding Point Molate and the importance of the placement of the land in public trust.
5 Councilmember Bana stated that the Caltrans Clean-Up Campaign would be on Friday, March 17, 2023.
O. CITY COUNCIL CONSENT CALENDAR
Motion by Councilmember Cesar Zepeda
Seconded by Vice Mayor McLaughlin
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor McLaughlin, and Mayor Eduardo Martinez Passed (7 to 0)
O.1 City Clerk's Office
O.1.a City Council Meeting Minutes
APPROVE the minutes of the Richmond City Council December 20, 2022, and January 17, 2023, regular meetings, January 9, January 10, and January 31, 2023, special meetings, and January 10, 2023, Swearing-In Ceremony - City Clerk's Office (Pamela Christian 510-620-6513).
O.2 Community Development
O.2.a Adoption of the Richmond Bicycle and Pedestrian Action Plan (BPAP) ADOPT a resolution approving the Richmond Bicycle and Pedestrian Action Plan (BPAP) – Community Development Department (Lina Velasco 510-620-6841/Hector Rojas 510-620-1220).
Councilmember Bana proposed the following language to be added to the resolution: NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby: 1) adopt the Richmond Bicycle and Pedestrian Action Plan, which is incorporated herein as Exhibit A to this resolution; and 2) directs staff to: a) emphasize on pedestrian safety around schools; b) collaborate with Contra Costa County to ensure coordinated planning for seamless bicycle and pedestrian paths connecting and serving residents of Richmond, North Richmond and El Sobrante; and c) seek funding to expand bicycle and pedestrian connectivity with strong coordination with neighboring jurisdictions (including City of San Pablo, City of El Cerrito, and Contra Costa County) to provide facilities in areas that are served by streets that traverse multiple jurisdictions including areas like North Richmond and El Sobrante.
Jim Hanson, Bruce Beyeart, and Mark Wassberg gave comments via teleconference.
Motion by Councilmember Soheila Bana
Seconded by Mayor Eduardo Martinez
Adopted Resolution No. 9-23 with the proposed additional language.
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor McLaughlin, and Mayor Eduardo Martinez
Passed (7 to 0)
6 O.3 Finance Department
O.3.a Contract for Online Registration and Bid Management System APPROVE a sole-source contract with PlanetBids, Inc. to provide an online vendor registration and bid Management System (BidsOnline), at an amount not to exceed $18,675 per year, for a period of three years with one two-year option to extend at the same cost and terms per year – Finance Department (Antonio Banuelos 510-620-6741/Ofelia Alvarez 510-620-6699).
O.3.b Investment and Cash Balance Report, and Monthly Overtime Reports for the Month of December 2022
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of December 2022 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).
O.3.c Amendment of Authorized Signatures on the Local Agency Investment Fund (LAIF)
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).
Adopted Resolution No. 10-23.
O.4 Library and Community Services
O.4.a Love Your Block (LYB) Mini-Grant Program Fiscal Years 2022-2024 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).
O.4.b Memorandum of Understanding with R&R Hospitality Academy for a Culinary Program at the Richmond Senior Center
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).
O.4.c Disposition of the Library Book Van as a Donation to the Richmond Public Library Foundation
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 –
7 Community Services Department (LaShonda White/Christopher Larsen 510-620-5524).
Adopted Resolution No. 11-23.
O.4.d Contracts with The Watershed Project and Groundwork Richmond for the Youth Outdoors Richmond Program
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).
O.4.e Amend Contract with The Glen Price Group to Develop Grant Proposal Applications
APPROVE a ninth contract amendment with the Glen Price Group to increase the contract payment limit by $150,000, for a new total contract amount not to exceed $488,085, to develop proposal content, drafts, and attachments necessary to submit final copies of grant applications to various agencies and extend the term expiration to June 30, 2024 – Community Services Department (LaShonda White/Tamara Walker 510- 307-8006).
O.4.f Amendment to the 2022-2023 Employment & Training Department Budget
ADOPT a resolution to ACCEPT and APPROPRIATE into the Fiscal Year 2022-2023 budget $210,500 in federal funds awarded to the Employment & Training Department from the Construction Trades Workforce Initiative – Community Services Department (LaShonda White/Tamara Walker 510-307-8006).
Adopted Resolution No. 12-23
O.4.g Grant for electric vehicle solar charging arc to support the Richmond Car Share Program
ACCEPT and APPROPRIATE grant funds from Richmond Community Foundation (RCF Connects) in accordance with the grant to purchase a solar EV ARC; AUTHORIZE a grant match in the amount of $35,600 from the approved Environmental and Community Investment Agreement (ECIA) transportation budget; and APPROVE a first sole-source contract amendment with Envision Solar in an amount of $91,000, for a total not to exceed amount of 171,000, to acquire and manage one EV ARC, with contingency expenses to support the Community Carshare Program, with a term ending December 31, 2024 – Community Services Department (LaShonda White/Denée Evans 510-621-1718).
O.5 Mayor's Office
O.5.a Arts and Culture Commission Appointments
APPOINT Ted Bell II, Arts and Culture Commission, Seat #4, Term Expires January 31, 2027; Melody Kozma-Kennedy, seat #12, Term Expires January 31, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
8 O.6 Police Department
O.6.a Purchase of Encrypted Police Radios for Richmond Police Department APPROVE the purchase of 175 portable police radios and 150 mobile police radios from Motorola Solutions, to comply with the California Department of Justice directive, for an amount not to exceed $2,064,146.06 – Police Department (Chief Bisa French 510-621-1802).
O.6.b Proposed service agreement with Contra Costa County District Attorney's Office to continue the community-based prosecution program.
APPROVE a sole-source agreement with the Contra Costa County District Attorney's Office for the continued and dedicated services of a deputy district attorney who would be specifically assigned as Richmond's Community Based Prosecutor, in an amount not to exceed $100,000, from July 1, 2022, through June 30, 2023 - Police Department (Chief Bisa French 621-1802).
Police Chief Bisa French gave an overview. Discussion ensued.
Mark Wassberg, Deborah Bayer, Emily Ross, Deborah Small, Helene Burks, Naomi Williams, and Sara Cantor gave comments via teleconference.
A motion made by Mayor Martinez, seconded by Councilmember Jimenez, revised the following language from Exhibit "A" Scope of Services Section 4: "with special focus on improving the prosecution of violent crimes"; and removed the following language in Section 5: "while pursuing every opportunity to take advantage of enhanced penalties to ensure that offenders are charged and incarcerated", passed by unanimous vote.
Motion by Mayor Eduardo Martinez
Seconded by Councilmember Claudia Jimenez
Ayes (7): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Vice Mayor McLaughlin, and Mayor Eduardo Martinez
Passed (7 to 0)
P. PUBLIC HEARINGS
P.1 Terminal One Disposition pursuant to Amended Land Disposition Agreement
The City Clerk Pamela Christian announced that this item was a public hearing to adopt a resolution reviewing the terms of Amendment to Land Disposition Agreement for Terminal One Project and all outstanding objections by various Citizen Groups with respect to the Project and decide whether (i) to exercise the right to rescind the transaction and require the Property to be deeded back to the City and the Deposit returned to Developer; (ii) allow the sale and Project to continue forward; or (iii) direct staff to negotiate further revisions to the ALDA – City Attorney’s Office (Dave Aleshire 510-620-6509).
9 City Attorney Dave Aleshire gave an overview. Discussion ensued. The City Council requested the developer's financial qualifications. Mayor Martinez opened the public hearing.
The proponent Paul Menzies, Laconia Development, LLC, was allowed eight minutes and opponents Brian Lewis, Brickyard Cove for Responsible Development (BCARD) and Steve Chamberlain were allowed a combines eight minutes to present to the council via teleconference.
The following individuals gave comments via teleconference: Patricia Tostenson, Michael Lederer, Susan Hubbard, Bruce Beyaert, Jordan De Staebler, Thomas Knowles, Leisa Johnson, Rick Willis, Sally Tobin, Pam Stello, Beth Conklin, Pat Armer, Scott, Eileen Lewis, Jeff Shukis, Susan Hubbard, Tarnell Abbott, and Marylou Clarke. Mayor Martinez closed the public hearing.
A motion was made by Councilmember Zepeda to adopt a resolution reviewing the terms of Amendment to Land Disposition Agreement for Terminal One Project and all outstanding objections by various Citizen Groups with respect to the Project and direct staff to negotiate further revisions to the ALDA working alongside the various Citizen Groups (BCARD and PRNC). AND for immediately take over Brickyard Cove Road, along with accepting the $250 from the various HOA's and to allow them to continue maintaining the landscaping in that area. AND to have the city staff work on an Emergency Response Plan for that area, with a deadline of having the plan completed before the development is completed. The motion died for lack of a second.
(11:00 p.m. - A motion made by Councilmember Jimenez seconded by Vice Mayor McLaughlin to extend the meeting until 11:30 p.m., passed by the unanimous vote of the City Council).
A motion was made by Vice Mayor McLaughlin, seconded by Councilmember Jimenez to exercise the right to rescind the transaction and require the property to be deeded back to the City and the deposit returned to the developer.
Councilmember Zepeda made a friendly amendment to accept Brickyard Cove Road by September 2023, if not earlier and initiate an emergency response plan with select community members to help along with staff to assist with an emergency plan for this area. The friendly amendment was not accepted. (At 11:30 p.m. - A motion made by Vice Mayor McLaughlin, seconded by Councilmember Robinson, to suspend the rules and extend the meeting to complete Item P.1., passed by the following vote: Ayes: Councilmembers Bana, Jimenez, Robinson, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Noes:
None. Absent: Councilmember Willis. Abstain: None.
City Attorney Aleshire requested flexibility from the City Council in approving the modified resolution with the existing basic provisions related to the details to rescind the transaction. Vice Mayor McLaughlin accepted inclusion of the request in the motion.
Adopted Resolution No. 13-23.
Motion by Vice Mayor McLaughlin
Seconded by Councilmember Claudia Jimenez
10 Ayes (5): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Cesar Zepeda, and Vice Mayor McLaughlin
Noes (1): Mayor Eduardo Martinez
Absent (1): Councilmember Melvin Willis
Passed (5 to 1)
P.2 THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 21, 2023, CITY COUNCIL MEETING.
Public Hearing to Consider Encroachment Agreement Application Approval APPROVE an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right of way at 130 E. Scenic Avenue; and AUTHORIZE the City to enter into a recorded Encroachment Agreement regarding same, to be recorded on the landowner’s property title - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-520-5477).
P.3 THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 21, 2023, CITY COUNCIL MEETING.
Public Hearing to Consider Encroachment Agreement Application Approval APPROVE an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right of way at 8 Western Drive; and AUTHORIZE the City to enter into a recorded Encroachment Agreement regarding same, to be recorded on the landowner’s property title - Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-520-5477).
Q. BUDGET SESSION
Q.1 Budget Presentation
RECEIVE budget presentations from the City Manager, Capital Improvement Projects, Internal Services (Information Technology, Human Resources, Finance), Economic Development, City Clerk, City Council, Mayor’s Office - Finance Department (Shasa Curl/Delmy Cuellar 510-620-6790).
CONTINUED to the February 21, City Council meeting.
R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.
S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:39 p.m., in memory of Carmen Lee, to meet again on February 21, 2023, at 6:30 p.m.
Clerk of the City of Richmond Mayor
February 21, 2023
City Clerk's Office
DATE: February 21, 2023
TO: Mayor Butt and Members of the City Council
FROM:
Pamela Christian, City Clerk
Subject:
Continued Use of Teleconferencing
FINANCIAL IMPACT: There is no additional financial impact.
PREVIOUS COUNCIL
ACTION:
December 21, 2021, January 18, 2022, February 15,
2022, March 15, 2022, April 19, 2022, June 21, 2022, July 19, 2022, August 19, 2022, September 19, 2022, October
18, 2022 , November 15, 2022 , December 20, 2022 ,
January 17, 2023
STATEMENT OF THE
ISSUE:
In order for the City Council to continue conducting virtual meetings and comply with the provisions of the Brown
Act, it is necessary for the City Council to make findings verifying the need for the continuation of virtual meetings.
RECOMMENDED ACTION:
ADOPT a resolution requiring the continued use of
teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361
scheduled to end February 28, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
February 21, 2023
DISCUSSION:
Background
Beginning in March of 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVID-19 pandemic. In short, those orders allowed local governments to conduct its meetings one hundred percent remotely, so long as members of the public still had the ability to view, listen and comment on items on the agenda. The most recent of these orders expired on September 30, 2021.
On September 16, 2021, the Governor signed into law AB 361, an urgency measure (meaning it became effective immediately) which largely continues the executive orders allowing for remote meetings. The Governor subsequently issued an order making the provisions of AB 361 effective beginning October 1, 2021.
Analysis of Assembly Bill (AB) 361
AB 361 contains several requirements in order to continue the use of remote meetings.
These include:
● There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.
● During the state of emergency, either state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present an imminent risk to the health or safety of attendees. ● In order to continue to utilize remote meetings, the Council must reconsider the factors above every 30 days and adopt specified findings that the fact relied upon still exist.
As the attached resolution spells out, the State of California is still under an emergency declaration regarding COVID-19, state health officials continue to recommend social distancing to help stop the spread of the virus. The resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. The City will continue to update the findings every 30 days, in compliance with AB 361.
DOCUMENTS ATTACHED:
Attachment 1- Resolution requiring the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of AB 361
Reso. No.
RESOLUTION NO. -23
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
MAKING FINDINGS REQUIRING THE CONTINUED USE OF
TELECONFERENCING FOR MEETINGS OF ALL CITY OF RICHMOND
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
WHEREAS, in response to the COVID-19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference through September 30, 2021, so long as other provisions of the Ralph M. Brown Act (“Brown Act”) were followed; and
WHEREAS, on September 16, 2021, the Governor signed into law as an urgency measure, AB 361 a bill that amends the Brown Act to allow local policy bodies to continue to meet by teleconferencing during a state of emergency without complying with restrictions in state law that would otherwise apply, provided that the policy bodies make certain findings at least once every 30 days; and
WHEREAS, on behalf of all legislative bodies of the City of Richmond that are subject to the Brown Act, the Richmond City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings for the next 30 days to promote public health and safety; and
WHEREAS, the entire State of California remains under a proclaimed state of emergency as declared by the Governor of the state of California related to the COVID-19 pandemic; and
WHEREAS, the City Council and all other legislative bodies of the City of Richmond have met remotely during the COVID-19 pandemic and can continue to do so in a manner that allows public participation and transparency while minimizing health risks to members, staff, and the public who would be present with in-person meetings while this emergency continues.
NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Richmond finds as follows:
1. As described above, the State of California and the City of Richmond remain in a state of emergency due to the COVID-19 pandemic. At this meeting the Richmond City Council has considered the circumstances of the state of emergency; and
2. As described above State officials continue to recommend measures to promote physical distancing and other social distancing measures, in some settings; and
3. As described above meetings of this body in person would present imminent risks to the safety of attendees, and the state of emergency continues to directly impact the ability of members to meet safely in public; and:
BE IT FURTHER RESOLVED That, based on the findings required by Government Code section 549539(e), as amended by AB 361, the City of Richmond requires the continued use of teleconferencing for the next 30 days for all public meetings of the Richmond City Council and all City of Richmond boards, commissions, committees and subcommittees subject to the Brown Act; and
BE IT FURTHER RESOLVED, That all City public meetings subject to the Brown Act conducted by teleconferencing technology shall provide an opportunity for members of the public to address the body and otherwise occur in a manner that protects all statutory and constitutional rights of the public attending the meeting via teleconferencing, and;
BE IT FURTHER RESOLVED That the City Clerk is directed to place a resolution substantially similar to this resolution on the agenda of a future meeting of the City Council within the next 30 days.
Reso. No.
*********************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held, 2023, by the following vote:
AYES: .
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
THOMAS K. BUTT
Mayor
Approved as to form:
DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. -23, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on, 2023.
Pamela Christian, Clerk of the City of Richmond
February 21, 2023
City Council
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Vice Mayor Gayle McLaughlin
Subject:
Resolution urging that Cuba be removed from U.S. list of State Sponsors of Terrorism
FINANCIAL IMPACT: There is no financial impact to adopting this resolution
PREVIOUS COUNCIL
ACTION:
Richmond has passed resolutions in the past in support
of normalizing relations with Cuba including 1) calling for ending the embargo on Cuba, adopted on March 1, 2016,
and 2) in support of the Saving Lives Campaign for
scientific collaboration with Cuba regarding COVID-19
adopted on May 5, 2020.
STATEMENT OF THE
ISSUE:
In 2015, former President Obama removed Cuba from
the State Sponsors of Terrorism list and in 2021, days
before he left office, former President Trump put Cuba
back on this list. This resolution calls on President Biden and Congress to remove Cuba from this list once again
and recommit to the normalization of relations with Cuba.
RECOMMENDED ACTION:
ADOPT a Richmond City Council resolution urging that
Cuba be removed from U.S. list of State Sponsors of
Terrorism; and DIRECT City staff to send a copy of the
resolution and a cover letter to President Biden and our congressional delegation – Vice Mayor Gayle McLaughlin
(510-620-6636).
AGENDA
REPORT
February 21, 2023
DISCUSSION:
Richmond has a sister city relationship with Regla, Cuba established in September 1999.
Since its inception, the Richmond/Regla Friendship Committee has continued to advance its mission of fostering friendship with the people of Regla and Cuba through the exchange of mutually beneficial ideas, and sharing of cultural, educational, and humanitarian resources.
The committee has promoted normalizing relations with Cuba for many years, and the Richmond City Council has adopted various resolutions toward this end, including a resolution in support of ending the U.S. embargo/blockade on Cuba in 2015 and in support of the Saving Lives Campaign for scientific collaboration with Cuba regarding COVID-19 in 2020.
In addition, Richmond has welcomed various delegations of Cubans to Richmond and the Bay Area over the years and we have made two official delegations from Richmond to Cuba (one in 1999 and on in 2013).
This resolution continues to convey support for normalizing relations with Cuba by calling on President Biden and Congress to remove Cuba from the list of State Sponsors of Terrorism as had been done by former President Obama in 2015.
The resolution directs Citystaff to send a copy of the resolution and a cover letter to:
President Biden via Julie Chavez Rodriguez, Director of the White House Office of Intergovernmental Affair, and also to our congressional delegation - Congressmember John Garamendi, Senator Alex Padilla and Senator Dianne Feinstein.
In addition, the resolution direct City staff to send out a press release (in conjunction with the Richmond/Regla Friendship Committee) regarding the details of this resolution to City of Richmond media contacts.
DOCUMENTS ATTACHED:
Attachment 1 – Draft Resolution
RESOLUTION NO . XX-23
RESOLUTION OF THE CO UNCIL OF THE CITY OF RICHMOND, CALIFORNIA , URGING THAT CUBA BE REMOVED FROM U.S. LIST OF STATE S PONSORS OF TERRORISM
WHEREAS, the City of Richmond, California, has a sister city relationship with the city of Regla, Cuba, established in 1999; and
WHEREAS, the Richmond-Regla Friendship Committee seeks to foster friendship with the people of Regla and Cuba through the exchange of mutually beneficial ideas, and sharing of cultural, educational and humanitarian resources; and
WHEREAS, Richmond has welcomed various groups from Cuba to Richmond and the Bay Area, and made two official Richmond delegation trips to Cuba – in 1999 and 2013; and
WHEREAS, former President Barack Obama began a process of normalizing relations with Cuba in 2015, including removing Cuba from the State Sponsors of Terrorism list after an exhaustive review by the U.S.
State Department (Cuba does not satisfy any criteria for inclusion on this list); and
WHEREAS, in 2021, just days before he left office, then-President Trump put Cuba back on the State Sponsors of Terrorism list thus reversing former President Obama’s efforts to thaw relations with the island; and
WHEREAS, President Biden has the authority to remove Cuba from the State Sponsors of Terrorism list by executive order, and to recommit to the normalization of relations with Cuba begun by the Obama- Biden administration; and
WHEREAS, for the past 62 years, the United States has imposed an economic, commercial and financial embargo on Cuba that prevents most engagement and trade with the United States, and punishes other countries that engage with Cuba; and
WHEREAS, the consequences of this embargo continues to inflict daily hardships and deprivations on the Cuban people creating shortages of basic necessities like food and medicine, and severely restricting international financial and trade opportunities. It prevents Cuba from obtaining vital medical equipment and supplies, and even impedes humanitarian aid responses to catastrophic events like Hurricane Ian which devastated both Florida and Cuba, thus harming the Cuban people who President Biden’s administration claims to support; and
WHEREAS, the United Nations in 2017 estimated that this embargo had cost the Cuban economy $130 billion, averaging more than $2 billion each year; and
WHEREAS, the United Nations General Assembly voted to condemn the U.S. embargo against Cuba, for the 30th time, Nov. 3, 2022, with 185 of 193 nations decisively voting in favor, only the United States and Israel opposed; and
WHEREAS, the Trump administration imposed 243 new sanctions upon Cuba, including restrictions on Cuban Americans who send remittances to families and businesses in Cuba. These sanctions contribute to a mass migration of Cubans, creating U.S. border security concerns; and
WHEREAS, former President Trump’s arbitrary designation of Cuba to the list of State Sponsors of Terrorism has subjected them to further sanctions and international financial restrictions that limit the nation’s ability to carry out critical financial transactions, including those needed to advance efforts to combat the COVID pandemic and improve its economy; and
WHEREAS, in 2021, 117 members of the U.S. Congress called for the removal of Cuba from this list noting in a letter; “a policy of engagement with Cuba serves U.S. interests and those of the Cuban people,” and
WHEREAS, Many U.S. cities, counties, state legislatures, school boards, labor councils and other organizations have passed resolutions (see https://nnoc.org/resolutions/ ) that have addressed:
Supporting an end to the U.S. embargo/blockade on Cuba, and Supporting the Saving Lives Campaign for scientific collaboration with Cuba regarding the Covid- 19 pandemic.
Urging that Cuba be removed from the U.S. List of State Sponsors of Terrorism
WHEREAS, Richmond has previously passed two such resolutions including 1) support for ending the U.S. embargo/blockade on Cuba, and 2) support of the Saving Lives Campaign for scientific collaboration with Cuba; and
WHEREAS, this resolution also urges that Cuba be removed from the U.S. list of State Sponsors of Terrorism; now.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Richmond, California, directs staff to send a copy of this resolution and a cover letter to President Biden (via Julie Chavez Rodriguez, Director of the White House Office of Intergovernmental Affairs) and to each of Richmond’s federal representatives - Congressmember John Garamendi, Senator Alex Padilla and Senator Dianne Feinstein - to strongly urge President Biden to call on the federal government to remove Cuba from the United States list of State Sponsors of Terrorism; and
BE IT FURTHER RESOLVED that the City Council of Richmond, California, urges our congressional delegation to pass legislation that will eliminate those aspects of the embargo that have been codified into law; and remove all sanctions against Cuba by the United States. Allow the peoples of the United States and Cuba to travel and trade freely between the countries; and
Be It Finally RESOLVED that the City of Richmond will issue a press release, in conjunction with the Richmond-Regla Friendship Committee, regarding the details of this resolution to City of Richmond media contacts.
**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held Month DD, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX-23, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Month DD, 2023.
Pamela Christian, Clerk of the City of Richmond
February 21, 2023
City Council
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmembers Soheila Bana and Cesar Zepeda
Subject:
Approval to attend the Community Village Symposium in
Austin, Texas
FINANCIAL IMPACT: The potential cost is $1,200 per person for registration and airfare.
PREVIOUS COUNCIL
ACTION:
The City Council adopted resolution 92-17 banning travel to states that have enacted laws that discriminate against the LGBTQ community.
STATEMENT OF THE
ISSUE:
Approval by the City Council is needed to authorize travel to a state listed as one of the states that has enacted laws that discriminate against the LGBTQ community.
Eligible exceptions may apply to allow travel.
RECOMMENDED ACTION:
APPROVE travel requests to attend the Community
Village Symposium in Austin, Texas in April –
Councilmembers Soheila Bana (510-620-6743) and
Cesar Zepeda (510-620-6593).
DISCUSSION:
The April 25-27 Symposium for Goodness Sake is an in-person event in Austin, Texas addressing the very successful model to address intractable homelessness.
Councilmembers Bana and Zepeda are interested in attending the symposium for consideration in Richmond and Contra Costa County.
AGENDA
REPORT
February 21, 2023
Community First! Villages is a model designed for the chronically homeless and offers them permanent housing and community. It is a 51-acre master planned community in Austin, TX with tents, RVs, and tiny homes, for which residents pay rent while they live and work in the community. There are communal kitchens, art studios, a blacksmith studio, gardens in which to work, community events, an outdoor amphitheater, and many earn income by working the grounds or the kitchens or selling their arts and crafts. The county offers wrap around services on site and residents can access other jobs and services via bus. Those who have the greatest issues find a place in which they can heal. Those with childhood trauma tell the story of finding themselves for the first time. The larger community takes an active role in the solution, which revolves around the idea that “For our homeless friends to truly settle, heal and transform their lives, they need much more than four walls and a roof to no longer be homeless. They need relationships. They need dignity and a renewed sense of hope. They need community.”
The Community First! experience provides centralized social services, peer to peer support, and a quality of life not possible in shelters or on the street. It also provides an opportunity for the larger community to have a positive interaction with those in the program. Jurisdictions across the nation have been invited to the symposium. This item has been placed on the City Council agenda for approval because there is a ban on traveling to states that discriminate against the LGBTQ community per Richmond Resolution 92-17.
As part of the approval process to travel to the symposium, the city manager will have to sign Travel Request Forms upon approval by the City Council. The requesting councilmembers would like the City Council to consider the following exceptions and approve the travel request.
Applicable exceptions listed in Resolution 92-17:
For the protection of public health, welfare, or safety, as determined by the affected agency, department, board, authority, or commission Participation in events, conference, training, or other activities that have a stated purpose of advancing … pro-equality related issues that are directly relevant to the city agency…
Resolution 92-17, can be accessed at the following link:
https://www.ci.richmond.ca.us/ArchiveCenter/ViewFile/Item/8151.
Additional information about the conference can be found at https://mlf.org/symposium/.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution 92-17
Attachment 2 – Symposium for Goodness’ Sake
Reso. No. 92-17
RESOLUTION NO. 92-17
RESOLUTION SUPPORTING THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,
INTERSEX, QUEER AND QUESTIONING (LGBTIQQ) COMMUNITY AND
ESTABLISHING A POLICY TO PREVENT CITY-FUNDED TRAVEL TO STATES
WITH LAWS DISCRIMINATING ON THE BASIS OF SEXUAL ORIENTATION,
GENDER IDENTITY OR GENDER EXPRESSION
WHEREAS, the State of California is committed to protecting civil rights, preventing discrimination, and taking action to avoid supporting or financing discrimination against lesbian, gay, bisexual and transgender people; and
WHEREAS, the City of Richmond has resolved to be a leading community in the protection of civil rights and preventing discrimination; and WHEREAS, Richmond Rainbow Pride is the first and only LGBTQ community organization in the City of Rich mond, comprised of lesbian, gay, bisexual, transgender, intersex, queer and questioning (LGBTIQQ) individuals and allies who liv e, work and gather in the Richmond community, coming together for the collective benefit of their fellow LGBTIQQ community members; and
WHEREAS, Richmond Rainbow Pride seeks to a dvocate for local po licy change to preserve and protect the rights of the LGBTIQQ community within the city of Richmond; and WHEREAS, in direct response to the landmar k Supreme Court’s decision in Obergefell v. Hodges in which the Court ruled that the fundamental right to marry is guaranteed to same-sex couples, there are bills passed and pending in state legislat ures across the country that are designed to allow discrimination against LGBTIQQ people in many aspects of their lives; and WHEREAS, there continue to be states that enact laws to void or repeal protections against discrimination on the basis of sexual orientation, gender identity, or gender expression, or that authorizes or require discrimination against same-sex couples or their families; and WHEREAS, Assembly Bill No. 1887 “State government: discrimination: travel” sponsored by California Assemb ly Member Low was lawfully passed in both houses of the legislature and chaptered in September of 2016 after being signed by Governor Brown; and WHEREAS, According to the California Department of Justice, Assembly Bill No. 1887 prohibits a state agency, department, board, or commission from requiring any state employees, officers, or members to travel to another state that, after June 26, 2015, has enacted a law that eliminates protections against discrimination on th e basis of sexual orientation, gender identity, or gender expression; and
WHEREAS, the City of Richmond should commit to a similar policy in order to continue to show commitment to antidiscrimin ation and represent the values of equity and acceptance.
NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council stands in solidarity and support of the LGBTIQQ commun ity in Richmond and across the country, and against the institutionalization of discriminatory laws across the country; and BE IT FURTHER RESOLVED that the Richmond City C ouncil supports the policies of the state of California established in Assembly Bill No. 1887 “State government:
discrimination: travel.”; and
BE IT FURTHER RESOLVED that the City of Rich mond, in concurrence with California Government Code § 11139.8, hereby adopt s the following policy prohibiting any city agency, department, board, or commission from requiring any city employees, officers, or members to travel to a state that, after June 26, 2015, has enacted a law that:
(1) has the effect of voiding or repealing existing state or loca l protections against discrimination on the basis of sexual orientation, gender identity, or gender expression; or
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February 21, 2023
Fire Department
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Angel Montoya, Fire Chief
Aaron Osorio, Deputy Fire Chief
Subject:
Appropriate General Fund for Personal Protective
Equipment and Increase Limit of Purchase Order with LN
Curtis & Sons.
FINANCIAL IMPACT: Expenditures total $259,500 and will come from multiple account strings listed below. $60,000 is included in the approved fiscal year 2022-2023 Fire Department budget
and an additional appropriation of $199,500 is requested from the General Fund balance.
Account Strings: 01205022-400384; 01204022-400322;
01204022-400382; 01204022-400384; 21301022-
400384)
PREVIOUS COUNCIL
ACTION:
Click or tap here to enter text.
STATEMENT OF THE
ISSUE:
The Fire Department requests City Council approval to
increase the limit of the current standing purchase order with LN Curtis & Sons and to appropriate funds from the general fund. The additional appropriation will be used for the procurement of personal protective equipment (PPE), firefighting tools, and safety supplies for current
firefighters and the Richmond Fire Academy session to
be held in March 2023.
AGENDA
REPORT
February 21, 2023
RECOMMENDED ACTION:
APPROVE a standing purchase order limit increase in
the amount of $250,000, for a new total purchase order
amount not to exceed of $716,000, with a term extended
through January 20, 2024; and APPROPRIATE $199,500
from the General Fund, for the procurement of personal
protective equipment (PPE), firefighting tools, and safety supplies – Fire Department (Chief Angel Montoya 501-
307-8041/Aaron Osorio 510-307-8021).
DISCUSSION:
On January 20, 2020, the City Council approved the standing purchase order agreement with LN Curtis & Sons, using the Master Price Agreement publicly solicited by National Purchasing Partners, Government Division, to purchase firefighting tools and equipment, personal protective equipment (PPE), and safety supplies in an amount not to exceed $350,000, and a contract term through January 20, 2023, with a one-year extension option.
The Fire Department exercised the one-year extension option with LN Curtis & Sons and increased the purchase order amount by $116,000, for a total purchase order not to exceed $466,000. Additionally, the department now requests an approval to increase the purchase order limit by another $250,000. The new purchase order will be for a total amount not to exceed $716,000. The additional funds will be used to procure new PPE for the March 2023 Richmond Fire Academy, firefighting tools, and safety supplies for current firefighters.
The purchase order limit increase is imperative to support the purchase of equipment necessary to conduct the 2023 Richmond Fire Academy. Also, the City of Richmond’s utilization of the current Master Price Agreement with PPA eliminates the cost associated with obtaining multiple solicitations throughout the year and reduces the lead-time in obtaining crucial equipment. In addition, the anticipation that 12 firefighters will be hired from the Richmond Fire Academy warrants a further need for extra safety supplies and tools. Lastly, personal protective equipment for firefighters needs to remain standard across the department and purchasing from routine vendors will assist in doing so.
The anticipated hiring was not accounted for in the budget as the academy is not held annually and staff did not catch the entry. The Fire Department seeks approval to appropriate an estimated $199,500 from the general fund to support the purchase.
DOCUMENTS ATTACHED:
Attachment 1 – Master Price Agreement
Attachment 2 – LN Curtis & Sons Quote
LEAGUE OF OREGON CITIES
MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and L.N. CURTIS & SON (“Vendor”).
RECITALS
WHEREAS, the Vendor is in the business of selling certain FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE), as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and
WHEREAS, through a solicitation for FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE) the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 1915 for FIRE FIGHTER PERSONAL PROTECTIVE EQUIPMENT (PPE); and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and
WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov;
NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:
ARTICLE 1 – CERTAIN DEFINITIONS
1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 1915 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).
1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.
1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law.
1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
2 1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.
1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.
1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.
1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.
The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.
1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.
1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.
1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.
ARTICLE 2 – AGREEMENT TO SELL
2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.
2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.
Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.
2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
3 govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.
2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.
2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;
2.6 Extension of contract terms to Participating Agencies:
2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists. Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.
2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws.
Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.
2.6.3 Vendor acknowledges execution of a Vendor Administration Fee Agreement with NPPGov, pursuant to the terms of the RFP.
2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.
See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.
ARTICLE 3 – TERM AND TERMINATION
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
4 3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.
3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.
ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY
4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.
Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.
4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.
4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.
Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.
4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).
4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.
4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Origin, freight added. If there are handling fees, these also shall be included in the pricing.
4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.
4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.
Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
5 Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.
ARTICLE 5 – INSURANCE
5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS
REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.
5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.
5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.
ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS
6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
6 claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.
The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.
6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS
OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non- procuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.
ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.
ARTICLE 8 - INSPECTION AND REJECTION
8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.
8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.
8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 9 – SUBSTITUTIONS
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
7 Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.
ARTICLE 10 - COMPLIANCE WITH LAWS
10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.
10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.
ARTICLE 11 – PUBLICITY / CONFIDENTIALITY
11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.
11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.
ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.
ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
8 representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:
If to Lead Contracting Agency:
LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Jamie Johnson-Davis
Email: [email protected]
If to Vendor:
L. N. CURTIS and SONS
185 Lennon Lane, Suite 110
Walnut Creek, CA 94598
ATTN: Nick Lawrence
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.
ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non- performance is ca
used by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
9 ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.
ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.
ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT
20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.
20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.
ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.
ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
10 ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.
ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.
PURCHASER:
Signature: ____________________________________
Printed Name:
Title: ____________________________________________
LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:
Signature: ______________________________
Printed Name:
Title: _____________________________
L.N. CURTIS & SON
Dated: ____________________________
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14 Director, Special Programs
Nick Lawrence
3/27/2020
Mike Cully
Executive Director
3/27/2020
11 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.
PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES
CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog FOB: Origin (add shipping)
Brand Product Description Discount
Off List Contract Category
Globe Turnout Ensembles ATHLETIX style 37% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Ensembles CLASSIX Metro
style
40% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Ensembles CLASSIX style 40% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Ensembles G-XCEL style 40% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Ensembles G-XTREME 3.0
style
40% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Ensembles REAXTION style 40% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Trousers, Globe Pant System 40% PPE Category 01. Firefighter Turnouts or Turnout Gear Globe Turnout Trousers, w/ Integrated Harness System 40% PPE Category 01. Firefighter Turnouts or Turnout Gear Bullard Helmets, Wildland 25% PPE Category 02. Wildland Firefighting Protective Gear Crew Boss Clothing, Wildland 5% PPE Category 02. Wildland Firefighting Protective Gear Danner/LaCrosse Boots, Wildland 25% PPE Category 02. Wildland Firefighting Protective Gear Firecraft Gloves, Wildland 5% PPE Category 02. Wildland Firefighting Protective Gear Hotshield Respiratory Protection, Wildland 5% PPE Category 02. Wildland Firefighting Protective Gear PGI Clothing, Wildland 20% PPE Category 02. Wildland Firefighting Protective Gear PGI Hoods, Wildland 10% PPE Category 02. Wildland Firefighting Protective Gear Shelby Gloves, Wildland 20% PPE Category 02. Wildland Firefighting Protective Gear Tech Trade (Pro-tech) Gloves, Wildland 5% PPE Category 02. Wildland Firefighting Protective Gear Whites Boots Boots, Wildland 10% PPE Category 02. Wildland Firefighting Protective Gear
5.11 Tactical Clothing, Tactical Ensembles 30% PPE Category 03. EMS and General Fire Garments Crew Boss Clothing, Rescue 5% PPE Category 03. EMS and General Fire Garments Crew Boss Clothing, Station Wear 5% PPE Category 03. EMS and General Fire Garments DFND Clothing, Base Layer 5% PPE Category 03. EMS and General Fire Garments DuPont Clothing, HAZMAT Ensembles 20% PPE Category 03. EMS and General Fire Garments Fire Innovations Belts, Ladder 5% PPE Category 03. EMS and General Fire Garments Gemtor Belts, Ladder 10% PPE Category 03. EMS and General Fire Garments Kappler Clothing, HAZMAT Ensembles Net PPE Category 03. EMS and General Fire Garments Lakeland Clothing, HAZMAT Ensembles 25% PPE Category 03. EMS and General Fire Garments PGI Hoods, Firefighting 10% PPE Category 03. EMS and General Fire Garments Under Armor Clothing, Base, Mid and Outer Layers 10% PPE Category 03. EMS and General Fire Garments Workrite Uniforms Clothing, Station Wear 5% PPE Category 03. EMS and General Fire Garments MSA Helmets, Fire & Rescue 25% PPE Category 04. Helmets (Structural or Proximity) Paul Conway Helmet, Fronts (ID) Net PPE Category 04. Helmets (Structural or Proximity) DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
12 CURTIS LOC/NPPGov Firefighter Personal Protective Equipment Product Catalog FOB: Origin (add shipping)
Brand Product Description Discount
Off List Contract Category
Firecraft Gloves, Extrication 5% PPE Category 05. Gloves (Structural or Proximity) Firecraft Gloves, Firefighting 5% PPE Category 05. Gloves (Structural or Proximity) Mechanix Gloves 10% PPE Category 05. Gloves (Structural or Proximity) Ringers Gloves 15% PPE Category 05. Gloves (Structural or Proximity) Ringers Gloves, Extrication 10% PPE Category 05. Gloves (Structural or Proximity) Shelby Gloves, Extrication 20% PPE Category 05. Gloves (Structural or Proximity) Shelby Gloves, Firefighting 18% PPE Category 05. Gloves (Structural or Proximity) Tech Trade (Pro-tech) Gloves, Extrication 5% PPE Category 05. Gloves (Structural or Proximity) Tech Trade (Pro-tech) Gloves, Firefighting 5% PPE Category 05. Gloves (Structural or Proximity) Danner/LaCrosse Boots, Station 25% PPE Category 06. Boots (Structural or Proximity) Globe Boots, Firefighting 27% PPE Category 06. Boots (Structural or Proximity) Redback Boots, Station 10% PPE Category 06. Boots (Structural or Proximity) ESS Goggles Eye Protection 5% PPE Category 07. Accessories Ferno First Aid Net PPE Category 07. Accessories
Junkin First Aid 5% PPE Category 07. Accessories
Pelican Case Cases 25% PPE Category 07. Accessories
Revision Eye Protection 20% PPE Category 07. Accessories ECMS Inc. Care & Maintenance, PPE Net PPE Category 08. Maintenance and Cleaning Services
Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
13 ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
14 ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.
PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.
Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
15 ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.
Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.)
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
16 ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.
Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.)
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
17 ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.
ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.
DocuSign Envelope ID: F30253CF-4A9F-4AF8-A575-FF6F88815B14
Certificate Of Completion
Envelope Id: F30253CF4A9F4AF8A575FF6F88815B14
Status: Completed
Subject: RFP 1915 LOC and Curtis MPA Agreement
Source Envelope:
Document Pages: 17
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 0
Bill DeMars
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 162.248.184.11
Record Tracking
Status: Original
3/27/2020 12:15:21 PM
Holder: Bill DeMars
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Nick Lawrence
[email protected]
Director, Special Programs
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.210.41.56
Sent: 3/27/2020 12:19:16 PM
Viewed: 3/27/2020 1:59:35 PM
Signed: 3/27/2020 2:01:35 PM
Electronic Record and Signature Disclosure:
Accepted: 3/25/2020 4:42:06 PM
ID: 29a19c89-942f-408d-bfc6-a5b2e12f16e0
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 71.63.237.219
Sent: 3/27/2020 2:01:37 PM
Viewed: 3/27/2020 2:56:47 PM
Signed: 3/27/2020 2:57:01 PM
Electronic Record and Signature Disclosure:
Accepted: 3/27/2020 2:56:47 PM
ID: a193b94e-a1bf-4f3d-afb8-6845d345be5f
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Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
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Electronic Record and Signature Disclosure created on: 3/10/2016 2:06:46 PM Parties agreed to: Nick Lawrence, Mike Cully
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Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 246782
Quotation
CUSTOMER: SHIP TO:
Richmond City Fire
Department CA
PO Box 4046
Richmond CA 94804
Richmond City Fire Department
CA
440 Civic Center Plaza, Suite
200
Richmond CA 94804-1630
QUOTATION NO. ISSUED DATE EXPIRATION DATE
246782 12/29/2022 01/31/2023
SALESPERSON CUSTOMER SERVICE REP
Trevor Murphy
[email protected]
408-314-3789
Trevor Murphy
[email protected]
408-314-3789
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Chris Tapia C36722 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
SP Standard Shipping
NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.
Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 24 EA G-XTREME 3.0
JACKET - GLOBE
CUSTOM
As follows:
WARNING: This Product Contains PFAS
to achieve liquid repellency and/or meet
current applicable NFPA performance
standards.
Richmond FD Jacket Spec
$2,999.00 $71,976.00
2 24 PR GPS GLOBE
CUSTOM
As below:
WARNING: This product contains PFAS
to achieve liquid repellency and/or meet
current applicable NFPA performance
standards
Richmond FD Pant Spec
$2,199.00 $52,776.00
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 246782
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 3 12 PR 1501420-10-M
GLO
Size 10M 14" Shadow XF Pull-On
Regular Calf Structure Boots, Meets
NFPA 1971, NFPA 1992
* This PPE Product Contains PFAS
Chemicals for Water and Oil Repellency
OM $557.53 $6,690.36
4 12 EA C-
TRD-5153A1231A
00 CAIRNS
Black 880 Cairns traditional helmet,
custom deluxe configuration;
* Innerzone 2 goggles with low profile
hardware
* Deluxe leather headband liner with
crown pad
* Black Nomex earlaps
* 6" carved brass eagle front holder
* Nomex chinstrap with quick release
buckle & postman's slide
* Lime/yellow scotchlite trim
$469.00 $5,628.00
5 12 PR FC-C6000-L
FIRECRAFT
Large 76W Redline Structural Fire
Fighting Gloves, Gauntlet, Meets NFPA
1971
OM $101.43 $1,217.16
6 12 EA 3979471 PGI Gold Cobra BarriAire™ Particulate Hood with Standard Bib, Complete Coverage,
and Rib Knit Face Opening
OM $113.09 $1,357.08
7 12 EA FH911HRY
BULLARD
Y ellow Wildfire Helmet, Hat Style, with
Ratchet
* Cal-OSHA, NFPA Labelled
$80.00 $960.00
8 12 PR 4003NLR PGI Large/Regular Y ellow 6oz Nomex IIIA Premier Forestry Pants
* 35-38" Waist X 29-30" Inseam
(75000-36-102072-FL26)
* 2" Lime-Y ellow Triple Trim on Lower
Calf of Legs
* Cal-Osha, NFPA Labeled
$299.00 $3,588.00
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 246782
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 9 12 EA WLS1772-L
CREWBOSS
Large Y ellow Cal Fire 7oz Sigma
Wildland Coat, Cal-OSHA, NFPA
Labeled
$349.00 $4,188.00
10 12 EA 18054-10-D
DANNER
Size 10D Black Smooth-Out 8" Wildland
Tactical Firefighter Boots, Meets NFPA
1977
OM $327.96 $3,935.52
11 12 PR PT -8-WK-L
PROTECH8
Large Knit Wristlet Wildland Fire Fighting
Gloves, Meets NFPA 1977
* Cal-OSHA, NFPA labeled
OM $38.17 $458.04
12 12 EA 7400377 ESS FirePro FS Wildland Goggle $72.00 $864.00 13 12 EA WLF1072
CREWBOSS
Y ellow Twill 7oz Sigma 4 Star Cal Fire
Spec Ear-Neck-Face & Protector with
Hook & Loop Attachment to Inner Edge
of Helmet and Hook & Loop Front
Closure
* Cal-OSHA labelled
$72.00 $864.00
14 12 EA HOT SPEED CAL
SPEC-L MYS
RANCH
Large Hot Speed Cal Spec Pack OM $249.00 $2,988.00
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains firm until 01/31/2023. Contact us for updated pricing after this date.
Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 246782
Subtotal $157,490.16
Estimated Tax Total $15,355.29
Transportation* $0.00
*(to be added when order ships)
Total $172,845.45
View Terms of Sale and Return Policy
February 21, 2023
Fire Department
DATE: February 21, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Angel Montoya, Fire Chief
Aaron Osorio, Deputy Fire Chief
Subject:
Appropriate Additional Funds to Allow the Rotation of Fire Personnel to Staff the 2023 Fire Academy.
FINANCIAL IMPACT: The anticipated overtime cost of $148,469.82 is in addition to the adopted FY2022-2023 adopted overtime
budget of $4,305,402.00 (01202022-400032). It is
important that this request be approved as the
department cannot cover the expense through additional
revenue or another program reduction.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The Richmond Fire Department will conduct its 2023 Fire Academy between March 2023 through June 2023.
During, and in preparation for the Fire Academy, the
department will staff a cadre consisting of three (3) sworn personnel to assist in preparing, training, and testing. For this reason, the department needs to cover the roster
spot vacated by the cadre during the timeframe to meet
the minimum staffing requirements per the Amended
Memorandum of Understanding dated July 8, 2014,
between the City of Richmond and IAFF Local 188.
AGENDA
REPORT
February 21, 2023
RECOMMENDED ACTION:
APPROPRIATE additional funds in the amount of
$148,469.82 to augment the Fire Department’s Fiscal
Year 2022 –2023 Overtime Budget to allow the rotation
of one firefighter, one fire engineer, and one fire captain to staff the 2023 Fire Academy for twelve weeks, and
backfill the three temporarily vacant roster assignments by authorizing the overtime of existing staff – Fire
Department (Chief Angel Montoya 510-307-8038).
DISCUSSION:
The Richmond Fire Department (“Department”) will conduct its 2023 Fire Academy between March 2023 through June 2023. The purpose of the Fire Academy is to educate, train, and test twelve (12) firefighter trainees to become probationary firefighters for the City of Richmond. During, and in preparation for the Fire Academy, the Department will have a cadre (full-time training staff) consisting of three (3) sworn personnel – one firefighter, one fire engineer, and one fire captain – that will assist in preparing, training, and testing. Three (3) sworn personnel (one each rank) are staffed during this time period as they form a fire company, where each rank has specific skillsets and are assigned to evaluate particular tasks. Similarly, three (3) sworn personnel (one each rank) are staffed at the academy to account for student-instructor ratio and to alleviate staffing burden on one rank.
The three (3) roster spots of the cadre will be vacant for twelve weeks: 10-week academy, one week of preparation, and another week of debriefing. Per the MOU extension dated July 8, 2014, between the City of Richmond and IAFF Local 188, daily staffing of seven engine companies and one ladder truck company must be staffed with a minimum of three Local 188 positions consisting of one captain, one engineer, and one firefighter. To fulfill this agreement, rotation and overtime backfills will be mandated throughout the department to cover for the cadre for 12 weeks.
Calculations for this year’s Fire Academy derive from the overtime back fill hours required in the past academy which the Department expects to mirror in the current academy. During the 2020 Fire Academy, the total overtime academy cover hours were 2,124.50, with an approximate total cost of $125,815. For this year’s academy, the 2020 overtime academy cover hours of 2,124.50 were divided by three (3), to account for the three (3) sworn personnel that will be staffed at the academy. Current overtime rates at the top step for each rank were then accounted for to anticipate the overall 2023 Fire Academy overtime cost of $148,469.82. The breakdown of these costs is shown below:
February 21, 2023
Total OT Cover Hours for 2020 Fire Academy: 2124.5
Total # of Fire Personnel for 2022 Fire Academy: 3
Total OT Cover Hours per personnel 708.17 hours/personnel
Current FF OT Rate (Step 5) $ 63.74 Current Engr OT Rate (Step 3) $ 67.87 Current Capt OT Rate (Step 3) $ 78.04
Total OT Cover Hours x Current FF OT Rate (Step 5) $ 45,140.74 Total OT Cover Hours x Current Engr OT Rate (Step 3) $ 48,063.50 Total OT Cover Hours x Current Capt Rate (Step 3) $ 55,265.59 Total OT Projection: $ 148,469.82
For this reason, staff members request the additional overtime appropriation of $148,469.82 to backfill and cover the roster assignments created by three (3) personnel that will be staffed at the fire academy for 12 weeks. It is important that this request be approved as the department cannot cover the expense through additional revenue or another program reduction.
DOCUMENTS ATTACHED:
Attachment 1 – Academy Budget Analysis
2023 Richmond Fire Academy Overtime Analysis
2020 Richmond Fire Academy Overtime Cost
Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory EEID Rank Code Type Hrs 2020 OT Rate Cost
FF 200 Overtime (OT) 48.00 64.3739 3,089.95$
FF 200 Overtime (OT) 144.00 54.6255 7,866.07$
FF 200 Overtime Mandatory (OTM) 14.50 54.6255 792.07$
FF 200 Overtime (OT) 48.00 57.2886 2,749.85$
FF 400 Comp Time Accrual (CTACC) 24.00 65.9516 1,582.84$ FF 200 Overtime (OT) 192.00 65.9516 12,662.71$
Capt 200 Overtime (OT) 10.00 80.7453 807.45$
Capt 200 Overtime Mandatory (OTM) 10.00 80.7453 807.45$ Capt 400 Comp Time Accrual (CTACC) 10.00 71.4588 714.59$ Capt 200 Overtime (OT) 18.00 71.4588 1,286.26$
FF 400 Comp Time Accrual (CTACC) 12.50 57.2886 716.11$ FF 200 Overtime (OT) 115.00 57.2886 6,588.19$
FF 200 Overtime (OT) 193.50 57.2886 11,085.34$
FF 200 Overtime (OT) 144.00 57.2886 8,249.56$
FF 200 Overtime (OT) 144.00 54.6255 7,866.07$
FF 200 Overtime (OT) 79.50 57.2886 4,554.44$
FF 200 Overtime (OT) 48.00 60.2286 2,890.97$
FF 200 Overtime (OT) 96.00 57.2886 5,499.71$
FF 200 Overtime (OT) 168.00 54.6255 9,177.08$
FF 200 Overtime (OT) 144.00 65.9516 9,497.03$
FF 200 Overtime (OT) 144.00 57.2886 8,249.56$
FF 200 Overtime (OT) 44.50 57.2886 2,549.34$
FF 400 Comp Time Accrual (CTACC) 20.00 60.2286 1,204.57$ FF 200 Overtime (OT) 99.50 60.2286 5,992.75$
FF 200 Overtime (OT) 81.50 57.2886 4,669.02$
FF 400 Comp Time Accrual (CTACC) 24.00 64.3739 1,544.97$ FF 200 Overtime (OT) 24.00 64.3739 1,544.97$
FF 200 Overtime (OT) 24.00 65.6613 1,575.87$
Total Academy OT Cover Hours: 2124.50 Total 2020 Academy OT Cover Cost: 125,814.81$ Total OT Cover Hours for 2020 Fire Academy: 2124.5
Total # of Fire Personnel for 2022 Fire Academy: 3
Total OT Cover Hours per personnel 708.17 hours/personnel Current FF OT Rate (Step 5) 63.74$
Current Engr OT Rate (Step 3) 67.87$
Current Capt OT Rate (Step 3) 78.04$
Total OT Cover Hours x Current FF OT Rate (Step 5) 45,140.74$ Total OT Cover Hours x Current Engr OT Rate (Step 3) 48,063.50$ Total OT Cover Hours x Current Capt Rate (Step 3) 55,265.59$ Total OT Projection: 148,469.82$
2023 Richmond Fire Academy Overtime Analysis
Total OT Cover Cost Projection for the 2023 Fire Academy is $148,469.82. This will cover 3 Fire Personnel: 1 Firefighter, 1 Engineer, 1 Fire Captain for a 12 week staffing of the Fire Academy
Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory 200 Overtime (OT) 48.00 Created
+16 03/03/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
02/25/2020 09:36:58
+16 03/21/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
03/14/2020 13:38:09
200 Overtime (OT) 144.00 Created
+16 03/09/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
03/02/2020 09:57:10
+16 03/15/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
03/08/2020 09:26:40
+16 03/21/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
03/14/2020 10:45:23
+16 03/22/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
03/15/2020 09:27:45
+16 04/08/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
04/01/2020 10:12:28
+16 05/20/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/13/2020 14:01:32
200 Overtime Mandatory (OTM) 14.50 Created
+16 03/27/2020 B48 1//Engine 66/Firefighter #1 14.50 Signup Equal Rank
03/27/2020 16:59:48
200 Overtime (OT) 48.00 Created
+16 04/04/2020 C48 1//Truck 64/Firefighter #1 24.00 Signup Equal Rank
04/02/2020 11:51:34
+16 04/28/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/27/2020 15:54:26
400 Comp Time Accrual (CTACC) 24.00 Created
+16 03/16/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
03/09/2020 07:59:02
200 Overtime (OT) 192.00 Created
+16 03/15/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
03/08/2020 09:22:24
+16 03/22/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
03/15/2020 08:32:27
+16 04/09/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/02/2020 09:46:56
+16 04/15/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/08/2020 09:10:44
+16 05/03/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/26/2020 09:30:26
+16 05/09/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/02/2020 09:50:02
+16 05/21/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/14/2020 12:36:11
+16 05/27/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/20/2020 09:59:52
200 Overtime (OT) 10.00 Created
+16 05/04/2020 C48 1//Engine 67/Captain 10.00 Signup Equal Rank
05/04/2020 07:29:00
200 Overtime Mandatory (OTM) 10.00 Created
+16 05/05/2020 C48 1//Engine 67/Captain 10.00 Mandatory 05/04/2020 21:52:40 400 Comp Time Accrual (CTACC) 10.00 Created
+16 05/12/2020 A48 1//Battalion 64/../Captain #-1 10.00 05/20/2020 15:28:25 200 Overtime (OT) 18.00 Created
+16 05/06/2020 A48 1//Battalion 64/../Captain #-1 9.00 05/20/2020 15:26:58 +16 05/07/2020 A48 1//Battalion 64/../Captain #-1 9.00 05/20/2020 15:27:46 Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 3 / 14Page 161 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory 400 Comp Time Accrual (CTACC) 12.50 Created
+16 03/28/2020 B48 1//Battalion 64/../Firefighter #-1 8.50 04/16/2020 14:10:55 +16 04/11/2020 C48 1//Battalion 64/../Firefighter #-1 4.00 04/16/2020 14:00:41 200 Overtime (OT) 115.00 Created
+16 03/05/2020 +4x1
0 1//Training Division/Firefighter #1 5.50 03/20/2020 07:50:48 +16 03/12/2020 +4x1
0 1//Training Division/Firefighter #1 5.00 04/03/2020 13:40:33 +16 03/20/2020 A48 1//Battalion 64/../Firefighter #-1 9.50 04/02/2020 16:02:46 +16 03/27/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/20/2020 11:02:47
+16 04/03/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/27/2020 09:10:35
+16 04/04/2020 C48 1//Battalion 64/../Firefighter #-1 8.00 04/16/2020 14:02:53 +16 04/17/2020 C48 1//Battalion 64/../Firefighter #-1 3.00 05/20/2020 15:31:57 +16 04/25/2020 A48 1//Battalion 64/../Firefighter #-1 6.00 05/20/2020 15:30:47 +16 05/01/2020 A48 1//Battalion 64/../Firefighter #-1 6.00 05/21/2020 14:14:56 +16 05/08/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/01/2020 12:03:44
200 Overtime (OT) 193.50 Created
+16 03/09/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
03/02/2020 09:48:01
+16 03/16/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
03/09/2020 08:43:54
+16 04/01/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/25/2020 09:41:32
+16 04/14/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/07/2020 10:37:54
+16 05/02/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/25/2020 12:00:33
+16 05/07/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/30/2020 11:28:36
+16 05/15/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/08/2020 09:15:17
+16 05/19/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/12/2020 09:35:34
+16 05/25/2020 A48 1//Engine 62/Firefighter #1 1.50 <user assigned>
05/25/2020 08:42:16
200 Overtime (OT) 144.00 Created
+16 03/07/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
02/29/2020 10:35:31
+16 03/25/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/18/2020 12:28:46
+16 03/31/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/24/2020 09:45:01
+16 04/11/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/04/2020 09:54:35
+16 04/22/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/15/2020 11:05:54
+16 05/06/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/29/2020 09:25:44
200 Overtime (OT) 144.00 Created
+16 03/02/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
02/24/2020 08:52:54
+16 03/08/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/01/2020 09:37:45
+16 03/14/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/07/2020 09:02:02
+16 03/20/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/13/2020 08:57:30
+16 03/26/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/19/2020 09:52:30
+16 04/10/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/03/2020 08:56:39
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 4 / 14Page 162 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory 200 Overtime (OT) 24.00 Created
+16 05/13/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/06/2020 15:33:49
200 Overtime (OT) 79.50 Created
+16 03/05/2020 +4x1
0 1//Training Division/Firefighter #2 5.50 03/20/2020 07:52:47 +16 03/12/2020 +4x1
0 1//Training Division/Firefighter #2 5.00 03/20/2020 07:48:55 +16 03/20/2020 A48 1//Battalion 64/../Firefighter #-1 9.50 04/02/2020 16:02:46 +16 03/27/2020 B48 1//Battalion 64/../Firefighter #-1 8.50 04/16/2020 14:10:17 +16 04/03/2020 B48 1//Battalion 64/../Firefighter #-1 8.00 04/16/2020 14:01:34 +16 04/11/2020 C48 1//Battalion 64/../Firefighter #-1 4.00 04/16/2020 14:00:16 +16 04/17/2020 C48 1//Battalion 64/../Firefighter #-1 3.00 05/20/2020 15:31:57 +16 04/25/2020 A48 1//Battalion 64/../Firefighter #-1 6.00 05/20/2020 15:30:48 +16 05/01/2020 A48 1//Battalion 64/../Firefighter #-1 6.00 05/21/2020 14:14:56 +16 05/24/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/17/2020 09:28:37
200 Overtime (OT) 48.00 Created
+16 03/04/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
02/26/2020 08:50:43
+16 03/10/2020 B48 1//Engine 61/Firefighter #1 24.00 Signup Equal Rank
03/03/2020 14:44:28
200 Overtime (OT) 168.00 Created
+16 03/10/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
03/03/2020 09:27:23
+16 03/19/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/12/2020 10:23:26
+16 04/14/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
04/07/2020 09:57:11
+16 05/08/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
05/01/2020 09:34:30
+16 05/14/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
05/07/2020 11:52:03
+16 05/20/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
05/13/2020 11:43:04
+16 05/26/2020 B48 1//Engine 66/Firefighter #1 24.00 All Off Duty within Rank
05/19/2020 11:38:18
200 Overtime (OT) 96.00 Created
+16 04/08/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
04/01/2020 12:25:39
+16 05/09/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
05/02/2020 11:59:33
+16 05/15/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
05/09/2020 10:52:53
+16 05/26/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/19/2020 13:29:20
200 Overtime (OT) 144.00 Created
+16 03/03/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
02/25/2020 09:34:13
+16 04/02/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/26/2020 13:12:49
+16 04/05/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
03/29/2020 09:41:30
+16 04/16/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/09/2020 12:09:07
+16 04/23/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/16/2020 11:09:36
+16 04/29/2020 C48 1//Engine 64/Firefighter #1 24.00 Signup Equal Rank
04/22/2020 09:27:53
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 5 / 14Page 163 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory 200 Overtime (OT) 44.50 Created
+16 04/06/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/30/2020 10:04:37
+16 05/25/2020 A48 1//Engine 62/Firefighter #1 20.50 <user assigned>
05/25/2020 11:15:03
400 Comp Time Accrual (CTACC) 20.00 Created
+16 03/05/2020 +4x1
0 1//Training Division/Firefighter #3 5.50 03/20/2020 07:52:18 +16 03/12/2020 +4x1
0 1//Training Division/Firefighter #3 5.00 03/20/2020 07:49:10 +16 03/20/2020 A48 1//Battalion 64/../Firefighter #-1 9.50 04/02/2020 16:03:17 200 Overtime (OT) 99.50 Created
+16 03/13/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
03/06/2020 12:34:46
+16 03/27/2020 B48 1//Battalion 64/../Firefighter #-1 8.50 04/16/2020 14:10:17 +16 04/03/2020 B48 1//Battalion 64/../Firefighter #-1 8.00 04/16/2020 14:01:34 +16 04/11/2020 C48 1//Battalion 64/../Firefighter #-1 4.00 04/16/2020 14:00:16 +16 04/18/2020 A48 1//Battalion 64/../Firefighter #-1 3.00 05/20/2020 15:29:18 +16 04/25/2020 A48 1//Battalion 64/../Firefighter #-1 6.00 05/20/2020 15:29:52 +16 05/01/2020 A48 1//Battalion 64/../Firefighter #-1 6.00 05/20/2020 15:35:09 200 Overtime (OT) 81.50 Created
+16 03/27/2020 B48 1//Engine 66/Firefighter #1 9.50 Signup Equal Rank
03/20/2020 08:47:34
+16 05/12/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/05/2020 09:24:11
+16 05/18/2020 A48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/11/2020 09:29:36
+16 05/27/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
05/20/2020 09:28:52
400 Comp Time Accrual (CTACC) 24.00 Created
+16 04/09/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
04/02/2020 10:00:02
200 Overtime (OT) 24.00 Created
+16 04/15/2020 B48 1//Engine 66/Firefighter #1 24.00 Signup Equal Rank
04/08/2020 12:01:35
200 Overtime (OT) 24.00 Created
+16 05/14/2020 B48 1//Engine 62/Firefighter #1 24.00 Signup Equal Rank
05/07/2020 09:03:11
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 6 / 14Page 164 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory Last Modified By
Moulton,M
Selkirk,C
Last Modified By
Moulton,M
Selkirk,C
Selkirk,C
Selkirk,C
Moulton,M
Bontempo,V
Last Modified By
Selkirk,C
Last Modified By
Selkirk,C
Selkirk,C
Last Modified By
Bontempo,V
Last Modified By
Selkirk,C
Selkirk,C
Moulton,M
Moulton,M
Moulton,M
Selkirk,C
Moulton,M
Moulton,M
Last Modified By
Bontempo,V
Last Modified By
Moulton,M
Last Modified By
Selkirk,C
Last Modified By
Selkirk,C
Selkirk,C
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 7 / 14Page 165 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory Last Modified By
Selkirk,C
Selkirk,C
Last Modified By
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Moulton,M
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Last Modified By
Moulton,M
Moulton,M
Moulton,M
Moulton,M
Moulton,M
Moulton,M
Moulton,M
Moulton,M
Selkirk,C
Last Modified By
Moulton,M
Selkirk,C
Moulton,M
Selkirk,C
Selkirk,C
Moulton,M
Last Modified By
Moulton,M
Moulton,M
Moulton,M
Selkirk,C
Selkirk,C
Selkirk,C
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 8 / 14Page 166 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory Last Modified By
Moulton,M
Last Modified By
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Moulton,M
Last Modified By
Selkirk,C
Moulton,M
Last Modified By
Moulton,M
Selkirk,C
Moulton,M
Moulton,M
Bontempo,V
Bontempo,V
Moulton,M
Last Modified By
Moulton,M
Moulton,M
Selkirk,C
Moulton,M
Last Modified By
Moulton,M
Moulton,M
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 9 / 14Page 167 of 1099 Workforce TeleStaff
Personal History [03/02/2020 - 05/29/2020]
Limits: Work Code:Comp Accrual Mandatory, Comp Time Accrual, Overtime, Overtime Mandatory Last Modified By
Moulton,M
Selkirk,C
Last Modified By
Selkirk,C
Selkirk,C
Selkirk,C
Last Modified By
Moulton,M
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Selkirk,C
Last Modified By
Selkirk,C
Moulton,M
Moulton,M
Moulton,M
Last Modified By
Selkirk,C
Last Modified By
Moulton,M
Last Modified By
Selkirk,C
Generated by Kronos Workforce TeleStaff™12/22/2022 10:20:09 10 / 14Page 168 of 1099 Employee # Last Name First Name MI Location Project String PL Desc 20 20
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