Richmond City Council
March 7, 2023

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(S):
*REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, March 7, 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
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Link to City Council Agendas/Packets
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Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.

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In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

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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.

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Click here for City Harassment Policy

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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.

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 - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) City of Richmond v. Pacific Gas & Electric•
C.2 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.3 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
• 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, Jesus Morales, and Nannette Beacham
Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

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

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

D. PUBLIC COMMENT BEFORE CLOSED SESSION (Limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________

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

G. ROLL CALL
H. STATEMENT OF CONFLICT OF INTEREST
I. AGENDA REVIEW
J. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
K. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) L. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
N.1 City Council
N.1.a Resolution Opposing Initiative 21-0042A1 11
ADOPT a resolution opposing initiative 21-0042A1 Restricting Voters’ Input and Local Taxing Authority – Mayor Eduardo Martinez, Councilmembers Soheila Bana and Claudia Jimenez (510-620-6581).

N.2 Community Development
N.2.a Contract Amendments Related to Castro Encampment Resolution Project for Security and Fencing
27 APPROVE a Second Amendment to the contract with Ascend Professional Services, LLC to increase the contract amount by $732,996, for a total contract amount of $1,107,996, to provide security guard services, for a term ending on June 30, 2024; and APPROVE a First Amendment to the contract with Chainlink Fence and Supply, Inc. to increase contract amount by $69,029, for a total contract amount of $93,538, for fencing installation at the Castro Encampment, with a term extending through December 31, 2023.

Both contract amendments will be paid using grant funds received for the Castro Encampment Resolution Project – Community
Development Department (Lina Velasco/Jesus M. Morales 510-620- 6706).

N.3 Finance Department
N.3.a Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees Due to Republic Services
374
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Delmy Cuellar 510-620-6790/Antonio Banuelos 510-620-6741).

N.4 Library and Community Services
N.4.a Contract with Baker and Taylor for Purchase of Library Materials and Services
483
APPROVE the purchase of library materials for the Richmond Public Library from Baker and Taylor, Inc., in an amount not to exceed $1,500,000, over a three-year period ending June 30, 2025, with two one-year options – Community Services Department (LaShonda White 510-620-6828/Wylendia Eastman 510-620-6963).

N.5 Mayor's Office
N.5.a Workforce Development Board 522
APPOINT Della Randolph to the Workplace Development Board, term expires, September 22, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.5.b Appointment to the Arts and Culture Commission 525 APPOINT Lynson M. Beaulieu and Kaelen Van Cura to the Arts and Culture Commission, term expires, January 31, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.5.c Community Police Review Commission 529
APPOINT Daniel Lawson to the Community Police Review
Commission, term expires, November 1, 2026 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

N.5.d Design Review Board 532
APPOINT David Plotkin to the Design Review Board, term expires, March 17, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

N.6 Police Department
N.6.a Two-Year Sole-Source Contract with Police Strategies, LLC 535 APPROVE a two-year sole-source contract with Police Strategies, LLC, in an amount not to exceed $45,000, to analyze and publish use-of-force data, with a term from January 17, 2023, through December 31, 2024, with two one-year extension options – Police Department (Chief Bisa French 510-621-1802).

N.7 Public Works
N.7.a Preparation of Engineer’s Report for Fiscal Year 2023-2024 for the Hilltop Landscape Maintenance District
569
ADOPT a resolution ordering the preparation of the Engineer’s Report for Fiscal Year 2023-2024 regarding improvements and costs for the Hilltop Landscape Maintenance District - Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510- 620-6920).

N.7.b Preparation of the Engineer’s Report for Fiscal Year 2023-2024 for the Marina Bay Landscape and Lighting Maintenance District 572
ADOPT a resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2023-2024 regarding improvements and costs for the Marina Bay Landscape and Lighting Maintenance District – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

N.7.c Tom Horton Memorial Bench Donation 575
APPROVE the donation of a memorial bench dedicated to Tom Horton to be installed at Barbara and Jay Vincent Park – Public Works Department (Daniel Chavarria/Greg Hardesty 510-620-6920).

N.7.d Contract with Wiss, Janney, Elstner Associates, Inc. (WJE) for Historic Resource Evaluations
585
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). This item was continued from the February 21, 2023, and February 28, 2023 meetings.

O. PUBLIC HEARINGS
O.1 Hold a public hearing to consider approval of an Encroachment Agreement Application for a private landowner encroachment into the unimproved public right-of-way at 8 Western Drive.
687
ADOPT a resolution to approve an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right-of-way at 8 Western Drive; 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).

P. BUDGET SESSION
P.1 Fiscal Year 2022-2023 Mid-Year Review 710
REVIEW the FY 2022-2023 mid-year budget which includes proposed budget adjustments increasing General Fund revenue by $8,260,793 and expenditures by $7,726,484, and increasing Non-General Fund revenue by $4,179,075 and expenditures by $1,358,660; and PROVIDE DIRECTION to staff – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6740).

Q. NEW BUSINESS
Q.1 Legal Services Agreement with Aleshire & Wynder, LLP for legal services in connection with proposed Chevron Hydrogen Fuel project and Reimbursement Agreement with Chevron
777
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 and APPROVE a Reimbursement Agreement between the City and the project applicant (Chevron) such that project applicant reimburses for City staff and the City’s environmental consultants’ costs and expenses - City Attorney’s Office (James Atencio 510-620-6509). This item was continued from the February 21, 2023, and February 28, 2023 meetings.

Q.2 Contract with The Pivotal Group Consultants, Inc. 813 APPROVE a contract and draft scope of work with The Pivotal Group Consultants, Inc. to host a City Council teambuilding retreat, and assist in developing and implementing a City-wide strategic plan, in an amount not to exceed $288,796, with a term expiration of June 30, 2025. City staff will return on March 28, 2023, with an updated scope of work for review and consideration – City Manager’s Office (Shasa Curl 510-620-6512). This item was continued from the February 28, 2023, meeting.

Q.3 Report by the West Contra Costa Fire Safe Council 875 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, January 24, 2023, and February 28, 2023, meetings.

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
S. ADJOURNMENT
________________________

March 7, 2023

City Council

DATE: March 7, 2023
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez and Councilmembers Soheila
Bana and Claudia Jimenez

Subject:

Resolution Opposing Initiative 21-0042A1
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

This initiative includes undemocratic provisions that
would make it more difficult for local voters to pass
measures needed to fund local services and
infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction
on how they want their local tax dollars spent
RECOMMENDED ACTION:

ADOPT a resolution opposing initiative 21-0042A1
Restricting Voters’ Input and Local Taxing Authority – Mayor Eduardo Martinez, Councilmembers Soheila Bana and Claudia Jimenez (510-620-6581).

DISCUSSION:

An association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot.

The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment.

AGENDA
REPORT

March 7, 2023
The measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

BACKGROUND

On Feb. 1, 2023, the “Taxpayer Protection and Government Accountability Act,” or AG# 21- 0042A1, qualified for the November 2024 ballot. This measure would negatively impact vital local and state services to the benefit of wealthy corporations. The measure is sponsored by the California Business Roundtable (CBRT) — the lobbying arm of the largest and wealthiest corporations in California.

Cal Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates, strongly oppose this initiative.

SUMMARY

The initiative limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and may make it more difficult to hold violators of state and local laws accountable.

Effective date
 All new or increased taxes or fees adopted by the Legislature, a city council, or the local voters after Jan. 1, 2022, must comply with the Act’s new rules.

State taxes
 All new or increased state taxes will require majority voter approval.

Local taxes
 New requirements for voter approval:
­ when an existing tax is applied to a newly annexed territory. ­ when an existing tax is applied to a new service or product, for example when a utility user tax is applied to a new service.

 All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.

Fees and charges
 Requires that charges for access, use and rental of government property be “reasonable” such as fees charged for use of government facilities and public works infrastructure to oil companies, utilities, gas companies, cable companies, and other corporations.
 Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.  State and cities have burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed the “actual cost.”
 No fee or charge or exaction regulating vehicle miles traveled can be imposed on new development.

March 7, 2023

Fines and penalties [administrative enforcement of state law and municipal codes]  May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.

Voters
 Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would express the voters' preference for how the tax revenue should be used.
 Overturns Upland decision so taxes proposed by initiative are subject to the same rules as taxes placed on the ballot by a city council.
 Voters may not amend a city charter to impose, extend, or increase a tax or fee.

Fiscal
 Puts approximately $2 billion from fees and charges at risk each year, subject to legal peril.
 Puts approximately $2 billion of annual tax revenue at risk. Many tax measures approved between 2022-2024 will need to be resubmitted to voters to comply and be reapproved.

It is recommended that the City Council adopt a resolution opposing the initiative. If adopted, a copy of this resolution should be emailed to the League of California Cities at [email protected].

DOCUMENTS ATTACHED:

Attachment 1 – Draft Resolution
Attachment 2 – Draft Opposition Letter
Attachment 3 – Fiscal Analysis

RESOLUTION NO. xx-23
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA in opposition of Initiative 21-0042A1

WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

NOW, THEREFORE, BE IT RESOLVED that the City of Richmond, California opposes Initiative 21-0042A1 and join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

BE IT FURTHER RESOLVED, that staff is directed to email a copy of this adopted resolution to the League of California Cities at [email protected]. ---------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on October 25, 2022, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor

Approved as to form:

DAVE ALSHIRE
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-xx, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on (Insert Date).

Pamela Christian, Clerk of the City of Richmond

SAMPLE OPPOSE LETTER

Email a copy to [email protected] as well as your Regional Public Affairs Manager.

***CITY LETTERHEAD***

DATE

Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814

RE: Letter Opposing Initiative 21-0042A1

On DATE, the City of Richmond voted to oppose Initiative 21-0042A1, a deceptive, developer- sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

You may list the City of Richmondn formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,

Shasa Curl
City Manager
City of Richmond

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments

If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Over $20 billion of local governmen t fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety.  About $2 billion of revenues each year from fees and charges a dopted after January 1, 2021 subject to legal peril.1
 Over $2 billion dollars of annual revenues from dozens o f tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on l ocal government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations.
 Substantially higher legal and administrative cost of public i nfrastructure financing which will delay and deter new residential and commercial development.
 Service and infrastructure declines including in fire and emer gency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proc eeds on the same ballot. o Voters may be less informed and more likely to vote against me asures.  Eliminates the ability of special tax measures proposed by cit izen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxe s approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires tha t tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previousl y approved taxes.  A city charter may not be amended to impose, extend, or increa se a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.

1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev . January 14, 2023

– 2 – r e v J anuary 14, 2023

CaliforniaCityFinance.com
 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indicat ion, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new terri tory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "ext ended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.

Citizen Initiative Special Taxes in 2022.

Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.

On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.

On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these

4 Source: Compilation and summary of data from County elections offices.

June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions
& Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS
County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel
Tax $1095/yr $ 12,000,000 s chools 12yrs 31.2% FAIL

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measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.

Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.

November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Com m unity
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 2 0yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable
housing none 57.3% PASS
County of Sacram ento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500

transportati
on
40yrs 55.3% PASS
San Francisco Proposition M B usiness
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
hom elessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel
Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL
County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State
Univ 20yrs 46.9% FAIL
Santa Cruz Santa Cruz Measure N Parcel Tax $6k/v acant SFU x xx vacant property xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 ch ildcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel
Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL
Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/s f,
$150/vacant $ 276,000 fire none 27.0% FAIL

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Ra te
Annual
Re venue Us e Sunset YES%
Oakland Alameda Measure T B usi ness Tax
Ge n e ra lvarious $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL B usi ness Tax
Ge n e ra lvarious $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT B usi ness Tax
Ge n e ra lvarious $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB B usi ness Tax
Ge n e ra lvarious $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W B usi ness Tax
Ge n e ra lvarious neutral none 64.8% PASS
Tracy San Joaquin Measure B B usi ness Tax
Ge n e ra lvarious $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X B usi ness Tax
Ge n e ra lvarious $ 2,500,000 none 75.1% PASS
Los G atos Santa Clara Measure J B usi ness Tax
Ge n e ra lvarious $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H B usi ness Tax
Ge n e ra l
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O B usi ness Tax
lodging bus n $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L B usi ness Tax
resid. rentals

2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Bus n Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South L ake Tahoe El Dorado Measure G Bus n Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Bus n Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Bus n Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Bus n Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Bus n Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Bus n Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Bus n Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Bus n Tax
Cannabis
10%
G rossR cpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Bus n Tax
Cannabis
10%
G rossR cpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Bus n Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure H M Bus n Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South E l Monte Los Angeles Measure C M Bus n Tax
Cannabis
6% special
ex cise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Bus n Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific G rove Monterey Measure N Bus n Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Bus n Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS

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Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Us e Sunset YES%
L aguna Woods Orange Measure T Bus n Tax
Cannabis
4%-10% of
gross recei pts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Bus n Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Bus n Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Bus n Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Bus n Tax
Cannabis
4% to 7% of
gross recei pts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Bus n Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Bus n Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Bus n Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Y olo Measure K Bus n Tax
Cannabis
10%
grossRcpts ? none 66.2% PASS
Redlands San Bernardino Measure J Bus n Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure S W Busn Tax
Sports Betting
5%
grossRcpts n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS n o n e 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to
$900/parcel $ 117,900 airport/
streets none 78.2% PASS
Highlands Village
L ighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to
$600+/parcel $ 8,400 streets none 75.5% PASS
Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure L L ParcelTax x x x ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 1 30,000 fire none 72.1% PASS Emeryville Alameda Meas ure O PropTrans fTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
hom e shares $ 4,100,000 none 73.7% PASS

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Us e Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Ros eville Placer Meas ure C TOT by 4% to 10% $ 3,000, 000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 n o n e 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Im perial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis Obisp oMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Meas ure N TOT by 2% to 14% $ 1,500, 000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,0 80,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2 ,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000 ,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Sus anville Lass en Meas ure P TrUT 1 cent $ 1,750, 000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure M C TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure M P TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SS T TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to

1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000, 000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS

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Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.

There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).

1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a ne w "actual and reasonable test."  Subjects fees and charges for entrance to local government pro perty; and rental and sale of local government property to a new, undefined, “reasonable” test.  Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1,

5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Us e Sunset YES%
Watsonville Santa Cruz Meas ure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS V allejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fi re none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space
/ trails none 76.4% PASS
Palo Alto Santa Clara Meas ure L UtilityTrans fer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Meas ure G UtilityTrans fer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure U U UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonom a Measure N UUT 3.75% (sam e) $ 700,000 none 83.5% PASS

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2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
 Subjects a challenged fee to new, higher burdens of proof if l egally challenged.

2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:

1. Certain water, sanitary sewer, wastewater, garbage, electric , gas service fees.

2. Nuisance abatement charges - such as for weed, rubbish and g eneral nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development.

***********
mc

6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts , summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.

March 7, 2023

Community Development

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

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

Subject:

Contract Amendments Related to Castro Encampment
Resolution Project for Security and Fencing

FINANCIAL IMPACT: The proposed security services and fence installation will be paid for using funds from the $4.8 million encampment resolution grant received from the California Interagency Council on Homelessness (Cal ICH) (Account String:
15061219-400201-16G07)

PREVIOUS COUNCIL
ACTION:

November 22, 2022, and January 17, 2023

STATEMENT OF THE
ISSUE:

City staff is requesting City Council authorization to
execute two contract amendments related to
implementing components of the Castro Encampment
Resolution Project. One contract amendment will be with Ascend Professional Services, LLC, for security services and the other with Chainlink Fence and Supply, Inc. to
install fencing to secure the encampment site. Both
contract amendments will be paid using grant funds
received for the project.

AGENDA
REPORT

March 7, 2023
RECOMMENDED ACTION:

APPROVE a Second Amendment to the contract with
Ascend Professional Services, LLC to increase the
contract amount by $732,996, for a total contract amount of $1,107,996, to provide security guard services, for a term ending on June 30, 2024; and APPROVE a First
Amendment to the contract with Chainlink Fence and
Supply, Inc. to increase contract amount by $69,029, for a total contract amount of $93,538, for fencing installation at the Castro Encampment, with a term extending
through December 31, 2023. Both contract amendments
will be paid using grant funds received for the Castro
Encampment Resolution Project – Community
Development Department (Lina Velasco/Jesus M.

Morales 510-620-6706).

DISCUSSION:

Security Services at the Castro Encampment

Community Development Department staff issued a Request for Proposals (RFP) for security services at the Castro Encampment in December 2022. The RFP was issued to 346 vendors. Fourteen responses to the RFP were received. The evaluation team was comprised of the Housing Manager, the Castro Encampment Project Manager (Project Manager), a CORE Team member, a Castro Encampment Advisory Board member, and a staff member of a local service provider. Of the fourteen submittals received, four were invited for interviews based on their responsiveness to the RFP requirements. A person with lived experience also participated in the interviews held.

Based on the proposal rankings and interviews, the evaluation panel recommends contracting with Ascend Professional Services, LLC (Ascend) to provide security services at the Castro encampment. Ascend has been providing security services at the encampment since December 2022; therefore, City staff is recommending an amendment to their current contract as a result of the RFP process.

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

The second amendment to the contract with Ascend will continue the security guard services which include three guards on duty, 24 hours a day, for the three phases of security services, per the Scope of Work, for the period from April 1, 2023, and ending June 30, 2024, for a total amount not to exceed $1,107,996.

March 7, 2023
Chauncey Kirtdoll, principal of Ascend, has over 25 years of experience in human resources, project and property security services, and military training. Ascend provides security in various locations and property types such as shopping malls, parking lots, schools, apartment buildings, grocery stores, homeless encampments, and other large public events. All Ascend security guards are or will be licensed by the State of California for security services. In addition, Ascend requires their staff to participate in trainings to enhance their people management skills. His firm can also access additional staffing, including local hires as needed based on the requirements of each assignment.

Ascend has the necessary staff for the current and ongoing assignment.

Fencing at the Castro Encampment

Additionally, as part of the security enhancements for the Castro encampment, City staff is also recommending the approval of a first amendment to a contract with Chainlink Fence and Supply Inc. Public Works is currently in contract with this company, so to expedite the fence construction, City staff is proposing amending the existing contract scope and amount to include the cost of the work involving the removal and replacement of the fencing at the Castro encampment. The total contract amendment is for $69,029, which will bring the total not to exceed amount to $95,538.

The site fencing at the Castro encampment has many sections that have been removed or damaged, and it is not providing sufficient security to the encampment. The proposed contract will remove the old fencing and replace it with 1,550 linear feet of new 6’ high chain link fencing. A new rolling gate, 14’ wide by 6’ high, will be installed on the Hensley Street side to provide ingress and egress for the site. Bollards will also be installed on the North Castro Street side to control vehicular traffic to and from the site while also allowing bike riders to access the Bay Trail. A temporary reroute of the Bay Trail is also necessary to be able to enclose the encampment site.

Castro Encampment Update

These two contract amendments will assist the City in achieving its goals of resolving this encampment by June 2024. Following the recent placement of nine people into housing this past week, 53 people remain on-site and seven people are planned to move into housing through March 10. The remaining 46 people are expected to be placed into housing prior to June 2024, when the grant expires.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 2 and Contract with Ascend Professional Services Attachment 2 – Bid Summary - Security Services at Castro Homeless Encampment Attachment 3 – Amendment No. 1 and Contract with Chain Link Fence and Supply, Inc.

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Attachment 1

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

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

EXHIBIT A

SECURITY SERVICES PLAN

Contractor shall, to the satisfaction of the City’s Community Development Department, perform the following services and be compensated as outlined below. The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.

Service Specifications.

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

2. To maintain as needed security services at the encampment the services will be delivered in three phases. Phase 1 from April 1, 2023 through September 30, 2023 will include three security guards for three shifts. Phase II from October 1, 2023 through December 31, 2023 will include two guards for three shifts. Phase III from January 1,2024 through June 30, 2024 will include one guard for three shifts

3. Existing staffing may be modified or eliminated at the sole discretion of the City of Richmond. Security staff and hours may be increased or decreased as required to meet changing needs of the Castro Encampment. The City of Richmond will strive, but shall not be obligated, to provide 30 calendar days advance notice of any new changes in hours or staffing.

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

4. Assigned guards will maintain a daily log and prepare an incident report as issues occur or if no incidents occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager. In addition to the scheduled security “rounds” security personnel must periodically check with the ERF Project Manager, Vanessa Calloway of Way 2Love, Inc.

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

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

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

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

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

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

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

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

2. Timeline.

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

Ongoing basis
Assigned security guards will maintain a daily log and prepare an incident report as issues occur or if no incidents occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager
Weekly, two days
after end of week
starting after first
week security staff
is assigned.

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

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

Per occurrence.

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

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

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

SECURITY SERVICES PROGRAM BUDGET

Ascend Professional Services, LLC
Castro Encampment Security
Original Contract Amount $ 200,000
Ist Amended Contract
Amount $ 175,000
2nd Amended Contract $ 732,996

Total Contract
Amount $ 1,107,996

Ascend Security Servcies Budget for Castro Encampment
Phase I
Start Date End Date No. of Days
No. of
Holidays
Regular work
days
1-Apr-23 30-Sep-23 183 3 180
72 72 Hous per day , nine guards
216 12,960 Total Hours

49.50$ 33.00$ Hourly Rate
10,692$ 427,680$ Subtotal
438,372$ Total Cost Phase I
Phase II
Start Date End Date No. of Days
No. of
Holidays
Regular work
days
1-Oct-23 31-Dec-23 92 3 89
48 48 Hous per day , six guards
144 4,272 Total Hours

49.50$ 33.00$ Hourly Rate
7,128$ 140,976$ Subtotal
148,104$ Total Cost Phase I
Phase III
Start Date End Date No. of Days
No. of
Holidays
Regular work
days
1-Jan-24 30-Jun-24 182 6 176
24 24 Hous per day , three guards
144 4,224 Total Hours

49.50$ 33.00$ Hourly Rate
7,128$ 139,392$ Subtotal
146,520$ Total Cost Phase I
732,996$ TOTAL BUDGET

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
Richmond, CA 94801
1250 Macdonald Ave
Richmond City Center, LP
Certificate Holder, The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as Additional Insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
$5,000
Property
07/22/2023
07/22/2022
MP0004015004172
Inland Marine Liability
A
1,000,000
1,000,000
1,000,000
✘
12/02/2023
12/02/2022
9265150-2022
C
3,000,000
3,000,000
07/22/2023
07/22/2022
AN1265274
✘
B
2,000,000
2,000,000
1,000,000
5,000
300,000
1,000,000
07/22/2023
07/22/2022
MP0004015004172
Y
✘
✘
✘
A
35076
State Compensation Ins. Fund
17370
Nautilus Insurance Co
36838
Mesa Underwriters Spec Ins Co
94590
CA

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

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

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

INSURED

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

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

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

1. Your acts or omissions; or

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

However:

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

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

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

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

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

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

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

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

MP0004015004172

INSURED

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

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

Blanket: AS required by written contract

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

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

INSURED
MP0004015004172

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Community Development
Jesus Morales
[email protected]
(510) 620-6649
15685
/ 6340
Security services at the Castro homeless encampment to address life, property, and public safety issues.
✔
1 Ascend Professional Services, LLC
P.O. Box 1072
Vallejo, CA 94590
Jouslyn Kirtdoll
(510) 302-5050
[email protected]
4006-3726
December 31, 2022
✔
November 22, 2022
December 1, 2022
January 31, 2023
200,000.00
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Ascend Professional Services, LLC
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD Owner
Owner
Mayor 2/15/2023

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

1 / 6340
December 1, 2022
March 31, 2023
175,000.00
Ascend Professional Services, LLC
375,000.00

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

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

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

Contract Amendment/EJ/TE 9-26-07

Ascend Professional Services, LLC
1 / 6340

Contractor shall, to the satisfaction of the City’s Community Development Department, perform the following services and be compensated as outlined below. The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.

Service Specifications.

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

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

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

3. Assigned guards will maintain a daily log and prepare an incident report as issues occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager. In addition to the scheduled security “rounds” security personnel must periodically check with the ERF Project Manager, Vanessa Calloway of Way 2Love, Inc.

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

2. Timeline.

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

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

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

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

Per occurrence.

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

3. Project Outcomes and Evaluation

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

EXHIBIT B
BUDGET

Ascend Professional Services, LLC

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

Ascend Professional Services, LLC
1 / 6340
175,000.00
375,000.00
March 31, 2023
✔
✔
✔
375,000.00
375,000.00
375,000.00
375,000.00
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
Richmond, CA 94801
1250 Macdonald Ave
Richmond City Center, LP
Certificate Holder, The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as Additional Insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
$5,000
Property
07/22/2023
07/22/2022
MP0004015004172
Inland Marine Liability
A
1,000,000
1,000,000
1,000,000
✘
12/02/2023
12/02/2022
9265150-2022
C
3,000,000
3,000,000
07/22/2023
07/22/2022
AN1265274
✘
B
2,000,000
2,000,000
1,000,000
5,000
300,000
1,000,000
07/22/2023
07/22/2022
MP0004015004172
Y
✘
✘
✘
A
35076
State Compensation Ins. Fund
17370
Nautilus Insurance Co
36838
Mesa Underwriters Spec Ins Co
94590
CA

VALLEJO
PO BOX 1072
Attn: Jouslyn Kirtdoll
Ascend Professional Services LLC; AAscend Protective Services [email protected]
(650) 324-1142
(650) 328-1000
Brenda Aldaco
94301
CA
Palo Alto
591 Lytton Avenue
Allied Brokers
12/2/2022
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

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

INSURED
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

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

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

1. Your acts or omissions; or

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

However:

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

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

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

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

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

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

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

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

MP0004015004172

INSURED
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

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

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

DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

Blanket: AS required by written contract

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

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

INSURED
MP0004015004172
DocuSign Envelope ID: 92FFAF51-7601-46C4-AA1A-B5BDDEECF4AD

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Ascend Professional Services, LLC
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A 11/28/2022
Owner
11/29/2022
Owner
MayoryMayor 12/2/2022

For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

City of Richmond

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

Service Specifications.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Timeline.

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

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

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

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

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

Per occurrence.

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

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

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

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

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

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

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

PROGRAM BUDGET

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

For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

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

For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. Indemnification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39. Performance and Final Acceptance.

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

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

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

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

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

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

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

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

For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

None.

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

For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

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

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

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

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

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

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

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
Richmond, CA 94801
1250 Macdonald Ave
Richmond City Center, LP
Certificate Holder, The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as Additional Insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
$5,000
Property
07/22/2023
07/22/2022
MP0004015004172
Inland Marine Liability
A
1,000,000
1,000,000
1,000,000
✘
12/02/2022
12/02/2021
9265150-2021
C
3,000,000
3,000,000
07/22/2023
07/22/2022
AN1265274
✘
B
2,000,000
2,000,000
1,000,000
5,000
300,000
1,000,000
07/22/2023
07/22/2022
MP0004015004172
Y
✘
✘
✘
A
35076
State Compensation Ins. Fund
17370
Nautilus Insurance Co
36838
Mesa Underwriters Spec Ins Co
94590
CA

VALLEJO
PO BOX 1072
Attn: Jouslyn Kirtdoll
Ascend Professional Services LLC; AAscend Protective Services [email protected]
(650) 324-1142
(650) 328-1000
Brenda Aldaco
94301
CA
Palo Alto
591 Lytton Avenue
Allied Brokers
11/16/2022
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

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

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

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

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

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

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

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

1. Your acts or omissions; or

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

However:

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

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

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

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

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

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

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

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

MP0004015004172

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

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

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

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

Blanket: AS required by written contract

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

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

INSURED
MP0004015004172
DocuSign Envelope ID: AADE3F6A-530C-4E43-B572-7A9592D3814A

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

Attachment 2

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

City of Richmond
Provide Security Services at the Castro Homeless Encampment (CD-Housing 12-19-22), bidding on 12/30/2022 2:00 PM (PST)

Printed 02/24/2023
PlanetBids, Inc.

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Attachment 3

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

For Contract Amendment#1 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

EXHIBIT A

SECURITY FENCING BUDGET

Contractor shall, to the satisfaction of the City’s Community Development Department, perform the following services and be compensated as outlined below. The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.

Service Specifications.

1. The Contractor will furnish all necessary personnel/labor, equipment, materials, and supervision to install the fencing and laydown bollards outlined in the bid dated February 6, 2023 following.

For Contract Amendment#1 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

For Contract Amendment#1 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

EXHIBIT B
BUDGET

Chain Link Fence & Supply Inc
Fence installation at Castro Encampment
Original Contract Amount $ 24,509
Ist Amended Contract $ 69,029

Total Contract
Amount $ 93,538

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

March 7, 2023

Community Development

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

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

SUBJECT:

Second Amendment to Contract with Ascend
Professional Services, LLC and Amendment No 1 with
Chain Link Fence Supply for Castro Encampment
Resolution project

FINANCIAL IMPACT: The proposed security services and fence installation will be paid for using funds from the $4.8 million encampment resolution grant received from the California Interagency Council on Homelessness (Cal ICH) (Account String:
15061219-400201-16G07)

PREVIOUS COUNCIL
ACTION:

November 22, 2022 and January 17, 2023

STATEMENT OF THE
ISSUE:

City staff is requesting Council authorization to execute two contract amendments related to implementing
components of the Castro Encampment Resolution
Project. One contract amendment will be with Ascend
Professional Services, LLC, for security services and the other with Chainlink Fence and Supply, Inc. to install
fencing to secure the encampment site.

AGENDA
REPORT

March 7, 2023
RECOMMENDED ACTION:

APPROVE the Second Amendment with Ascend
Professional Services, LLC to provide security guard
services, for a term ending on June 30, 2024, in an
amount not to exceed $1,032,996, and approve A first
Amendment to contract with Chainlink Fence and Supply,
Inc. for fencing installation in an amount not to exceed $100,000 at the Castro Encampment to be paid using
grant funds received for the project. – Community
Development (Lina Velasco/Jesus M. Morales 510-620-
6706).

DISCUSSION:

Community Development Department staff issued a Request for Proposal (RFP) for security services at the Castro Encampment on December 19, 2022. The RFP was issued to xx vendors. Fourteen responses to the RFP were received. The evaluation team was comprised of the Housing Manager, the Castro Encampment Project Manager, a CORE Team member, a Castro Encampment Advisory Board member, and a staff members of a local service provider. Of the fourteen submittals received, four were chosen to be interviewed based on their responsiveness to the RFP requirements.

A person with lived experience also participated in the interviews held.

Based on the proposal rankings and interviews, the evaluation panel recommended contracting with Ascend Professional Services, LLC to provide security services at the Castro encampment. Ascend has been providing security services at the encampment since December; therefore, staff is recommending an amendment to their current contract as a result of the RFP process.

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

The Second Amendment to Emergency Security Services Contract with Ascend Professional Services, LLC contract will continue the security guard services including three guards on duty, 24 hours a day, for the three phases of security services per the Scope of Work for the period from April 1, 2023 and ending June 30, 2024, in an amount not to exceed $1,032,996.

Chauncey Kirtdoll, principal of Ascend Professional Services, LLC (Ascend), has over 25 years of experience in human resources, project and property security services, and military training. Ascend has been providing security in various locations and property types such as shopping malls, parking lots, schools, apartment buildings, grocery stores, homeless encampments, and other large public events. All security staff are or

March 7, 2023
will be licensed by the State of California for security services. In addition, Mr. Kirtdoll provides and requires staff to participate in training to enhance their people management skills. His firm can access additional staffing, including local hires as needed based on the requirements of each assignment. Ascend has the necessary staff for the current and ongoing assignment.

Ascend Professional Services, LLC has been providing satisfactory emergency security services for the Castro encampment and City staff recommends authorization to enter into the Second Amendment to Emergency Security Services Contract with Ascend Professional Services, LLC for security services.

As part of the security enhancements for the Castro encampment, staff is also recommending the approval of a first amendment to a contract with Chainlink Fence and Supply Inc. The site fencing has many sections that have been removed and or damaged and is not providing sufficient security to the encampment. The proposed contract will remove the old fencing and replace it with 1,550 lineal feet of new 6’ high chain link fencing. A new rolling gate, 14’ wide by 6’ high, will be installed on the Hensley Street side to provide ingress and egress for the site. Bollards will also be installed on the North Castro Street side to control vehicular traffic to and from the site while also allowing bike riders to access the bike trail. A temporary reroute of the Bay Trail is also necessary to be able to enclose the encampment site.

These two contract amendments will assist the City in achieving its goals of resolving the encampment by June 2024. Currently there are 60 residents at the encampment, 8 have been placed in shelter at either Brookside or Delta Landing, 14 people have been placed in shared living and individual apartments (some with minors), and there are currently 15 residents pending to move into housing beginning February 24 through March 5
th. The remaining 45 people are expected to be placed in housing by June 30,2023.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 2 and Contract with Ascend Professional Services Attachment 2 – Bid Summary - Security Services at Castro Homeless Encampment Attachment 3 – Amendment No. 1 and Contract with Chain Link Fence and Supply, Inc.

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Attachment 1

Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

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

EXHIBIT A

SECURITY SERVICES PLAN

Contractor shall, to the satisfaction of the City’s Community Development Department, perform the following services and be compensated as outlined below. The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.

Service Specifications.

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

2. To maintain as needed security services at the encampment the services will be delivered in three phases. Phase 1 from April 1, 2023 through September 30, 2023 will include three security guards for three shifts. Phase II from October 1, 2023 through December 31, 2023 will include two guards for three shifts. Phase III from January 1,2024 through June 30, 2024 will include one guard for three shifts

3. Existing staffing may be modified or eliminated at the sole discretion of the City of Richmond. Security staff and hours may be increased or decreased as required to meet changing needs of the Castro Encampment. The City of Richmond will strive, but shall not be obligated, to provide 30 calendar days advance notice of any new changes in hours or staffing.

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

4. Assigned guards will maintain a daily log and prepare an incident report as issues occur or if no incidents occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager. In addition to the scheduled security “rounds” security personnel must periodically check with the ERF Project Manager, Vanessa Calloway of Way 2Love, Inc.

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

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

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

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

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

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

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

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

2. Timeline.

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

Ongoing basis
Assigned security guards will maintain a daily log and prepare an incident report as issues occur or if no incidents occur. Those reports will be forwarded to City staff weekly, as designated by the Project Manager
Weekly, two days
after end of week
starting after first
week security staff
is assigned.

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

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

Per occurrence.

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

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

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

SECURITY SERVICES PROGRAM BUDGET

Ascend Professional Services, LLC
Castro Encampment Security
Original Contract Amount $ 200,000
Ist Amended Contract
Amount $ 175,000
2nd Amended Contract $ 732,996

Total Contract
Amount $ 1,107,996

Ascend Security Servcies Budget for Castro Encampment
Phase I
Start Date End Date No. of Days
No. of
Holidays
Regular work
days
1-Apr-23 30-Sep-23 183 3 180
72 72 Hous per day , nine guards
216 12,960 Total Hours

49.50$ 33.00$ Hourly Rate
10,692$ 427,680$ Subtotal
438,372$ Total Cost Phase I
Phase II
Start Date End Date No. of Days
No. of
Holidays
Regular work
days
1-Oct-23 31-Dec-23 92 3 89
48 48 Hous per day , six guards
144 4,272 Total Hours

49.50$ 33.00$ Hourly Rate
7,128$ 140,976$ Subtotal
148,104$ Total Cost Phase I
Phase III
Start Date End Date No. of Days
No. of
Holidays
Regular work
days
1-Jan-24 30-Jun-24 182 6 176
24 24 Hous per day , three guards
144 4,224 Total Hours

49.50$ 33.00$ Hourly Rate
7,128$ 139,392$ Subtotal
146,520$ Total Cost Phase I
732,996$ TOTAL BUDGET

Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

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

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

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

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
Richmond, CA 94801
1250 Macdonald Ave
Richmond City Center, LP
Certificate Holder, The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as Additional Insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
$5,000
Property
07/22/2023
07/22/2022
MP0004015004172
Inland Marine Liability
A
1,000,000
1,000,000
1,000,000
✘
12/02/2023
12/02/2022
9265150-2022
C
3,000,000
3,000,000
07/22/2023
07/22/2022
AN1265274
✘
B
2,000,000
2,000,000
1,000,000
5,000
300,000
1,000,000
07/22/2023
07/22/2022
MP0004015004172
Y
✘
✘
✘
A
35076
State Compensation Ins. Fund
17370
Nautilus Insurance Co
36838
Mesa Underwriters Spec Ins Co
94590
CA

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