Richmond City Council
April 4, 2023

Budget Narrative The Richmond Workforce Development Board (RWDB) requests $893,164 in CAREER National Dislocated Worker Grant (DWG) funding for the proposed project to recruit, assess, train, and support a total of 100 dislocated workers in Richmond, California. The cost per participant will be $8,932. The project will work with three community-based partner organizations to conduct outreach, and a total of eight contracted partners to train participants in growth sectors that offer employment in occupations that offer family sustaining wages. a) Personnel The RWDB requests a total of $241,994 in federal funds for Personnel expenses. The breakdown of Personnel expenses is provided in detail in the table below: Personnel Year 1 (2021-22) Year 2 (2022-23) Total Personnel Salary Salary Project Manager (0.45 FTE) $43,574 $43,574 $87,148 Case Managers (3 x 0.25 FTE = 0.75 FTE) $54,423 $54,423 $108,846 Administrative/MIS staff (0.5 FTE) $23,000 $23,000 $46,000 Total Costs $120,997 $120,997 $241,994 The Project Manager, Bouakhay Phongboupha, will be responsible for administrative and fiscal oversight of the project, coordination of work with partners, supervision of project staff, and reporting of project results. Ms. Phongboupha has extensive experience operating successful workforce development programs, including overseeing training, as indicated in the attached resume. Project Case Managers will be responsible for intake and assessment of participants, 287
CAREER DWG Grants 2021 Richmond Workforce Development Board: Budget Narrative

working with them to develop an interest profile to determine which education and training pathway is appropriate and what supports are needed. Project Case Managers will also provide support with resume development, job search and interviewing, and retention support once individuals have been hired. Resumes for the following case managers are attached: Lorena Rodriguez, Monica Castrillo, and Emmanuel Njome. Administrative/MIS staff will be responsible for providing administrative support to the Project Manager and Case Managers, collecting program data, and preparing progress reports. b) Fringe Benefits The RWDB requests a total of $110,720 in federal funds for Fringe Benefit expenses, calculated at 45.75% of personnel expenses. Calculations of Fringe Benefits include costs for retirement, social security, Medicare, unemployment insurance, worker’s compensation, and health insurance. c) Travel The RWDB requests a total of $3,000 in federal funds for Travel expenses. Travel costs include the cost of staff travel to regional events hosted by the Department of Labor to provide orientation to the program and other travel reimbursable at $0.56 per mile. d) Equipment No funds are requested for Equipment. e) Supplies The RWDB requests a total of $3,000 in federal funds for the cost of supplies. Supply costs are projected for team meetings and office supplies including chart paper, markers, pens, sticky notes, copying and printing, name tags, etc. 288
CAREER DWG Grants 2021 Richmond Workforce Development Board: Budget Narrative

f) Contractual The RWDB requests a total of $445,450 in federal funds for Contractual expenses. Contractual costs include contracts with community-based partner organizations for a total of $34,000 to provide outreach and supportive services, and contracts with training partners in the amount of $411,450 to provide training as identified in the tables below: Contractual Services: Outreach and Supportive Services Year 1 Year 2 Totals Literacy for Every Adult Program: Outreach, ESL, HS diploma, Basic Skills instruction $6,000 $6,000 $12,000 West Contra Costa Adult Education: Outreach, ESL, HS diploma, Basic Skills instruction $6,000 $6,000 $12,000 Weigh of Life: Outreach, child care, health education $5,000 $5,000 $10,000 Subtotals: $17,000 $17,000 $34,000 Contractual Services: Training Year 1 Year 2 Totals On the Job Training: 20 participants x $5,000/participant = $100,000 $50,000 $50,000 $100,000 RichmondBUILD (construction training): 25 participants x $7,500/participant = $175,000 - $112,500 leveraged from other funding sources = $62,500 $31,250 $31,250 $62,500 Michael’s Transportation (truck driving): 15 participants x $5,500/participant = $82,500 $41,250 $41,250 $82,500 Emergency Medical Technician training: 4 participants x $2,550/participant = $10,200 $5,100 $5,100 $10,200 BitWise (IT training): 5 participants x $7,500/participant = $37,500 $18,750 $18,750 $37,500 Boatworks (Maritime careers): 3 participants x $3,500/participant = $17,500 $8,750 $8,750 $17,500 Richmond Main Street (Entrepreneurship training) 5 participants x $2,500/participant = $12,500 $6,250 $6,250 $12,500 Renaissance Center (Entrepreneurship training): 5 participants x $2,500/participant = $12,500 $6,250 $6,250 $12,500 Martinez Adult School (Administrative training): 13 participants x $3,500/participant = $45,500 $21,000 $24,500 $45,500 Kaiser Allied Health (health professions) 5 participants x $7,550/participant = $37,750 $18,875 $18,875 $37,750 Subtotals: $205,725 $205,725 $411,450 289
CAREER DWG Grants 2021 Richmond Workforce Development Board: Budget Narrative

Construction No funds are requested for Construction. Other The budget request includes a total of $89,000 in administrative costs, equal to 9.99% of the total request. Total Costs Total project costs are $893,164, and are distributed by year as follows: Total Direct Costs by Year Year 1 (2021-22) $446,582 Year 2 (2022-23) $446,582 Total $893,164 290

Attachment D: Statement of Work

291
ATTACHMENT A Comprehensive and Accessible Reemployment through Equitable Recovery (CAREER) National Dislocated Worker Grant Project Synopsis This synopsis must be completed and submitted along with other required application materials as described in Section 4.g of the CAREER DWG TEGL. If more space is required than the synopsis provides, please attach additional pages with that information clearly identified. ETA will not review any information in excess of five additional pages. Applications that do not include all the required information in this synopsis will be considered non-responsive and will not be reviewed. APPLICATION INFORMATION Instructions: Please complete all of the following elements in this table. Applicant Organization Name Richmond Workforce Development Board Applicant Organization Type Select the appropriate type of eligible applicant. ❑ State or Outlying Area Workforce Agency (or consortium of states or outlying areas) X Local Workforce Development Board (WDB) or consortium of WDBs ❑ An entity eligible for funding through the Indian and Native American program in WIOA Section 166(c) ❑ Entities determined eligible by the Governor of the state involved (These entities must provide a letter from the Governor with application submission, as well as a letter from at least one WDB, as required in section 4.b.iii of the TEGL) ❑ Entities demonstrating to the Secretary the capability to implement this grant (These entities must submit additional documentation supporting their eligibility, as well as additional letters of support/partnership, as required in section 4.b.ii of the TEGL.) Number of Participants Projected to be Served 100 Participant Eligibility Applicant acknowledges that the only eligible participants are dislocated workers as described in Section 4.b.iii of the TEGL.

X Yes ❑ No
Priority Participant Population(s) Describe those populations X Individuals from historically-marginalized communities or groups Why chosen: These populations, including Latinx and African American communities, have experienced the most significant job A-1 292
of eligible dislocated workers you intend to serve, and why such groups were chosen. loss as a result of the COVID-19 pandemic. X Individuals have been unemployed for an extended period of time or who have exhausted UI or other Pandemic Unemployment Insurance programs Why chosen: Individuals in these circumstances represent a significant portion of the individuals who will be served in the target community. ❑ Other eligible dislocated workers Why chosen:

Project Service Area Describe the geographic areas to be served by the proposed grant. If all activities will be carried out statewide, indicate here. If some activities will be statewide and others in geographic regions, please include both options and list communities included. ❑ Statewide X Counties/Communities (list): City of Richmond and West Contra Costa County Rationale for Project Service Area Provide a brief (approximately 250 words) description of why the service area(s) for this proposed project were chosen, including how providing services in these areas will help address the goal of the CAREER DWG.

The proposed project will serve the City of Richmond and West Contra Costa County. The region has been selected as the service area for the proposed project due to the disproportionate impact of the COVID-19 pandemic on residents of this region, particularly persons of color, including Latinx, African American, and Asian-Pacific Islanders, who have worked in sectors with some of the highest levels of job loss, such as restaurant, hospitality, service, and retail. (Additional information regarding the Project Service Area is provided in the supplemental material that follows page A-8.) Consent to Submitting Performance Data Commitment to ensuring ability to submit performance data through WIPS as required in Section 4.g of the TEGL.

X Yes ❑ No
A-2
293
Performance Reporting Planned Employment Rate (2nd Quarter after Exit) (e.g. 75%): 71.9% As described in section 4.j. of the TEGL, applicants must Planned Employment Rate (4th Quarter after Exit) (e.g. 75%): 73.0% indicate the performance outcomes they intend to achieve in their proposed Planned Median Earnings (per quarter earnings rate, after 2nd quarter after employment): $8,193 project. Planned Credential Rate: 62% Planned Measurable Skill Gains Rate: 57% Performance Outcomes Are the planned performance X Yes outcomes for the activities in this project the same as the applicable negotiated goals established for state or local formula Dislocated Worker ❑ No, please explain why
Programs? Applicants who do not intend to use the state or local negotiated goals for the above measures must explain what goals they will use and why those goals will be used in lieu of the negotiated goals.

Partnership with Public Workforce System Entities Instructions: To ensure proper participant eligibility determinations as well as delivery of appropriate career, training, and supportive services, at least one local Workforce Development Board (WDB) or American Job Center (AJC), located in the area(s) proposed to be covered by the grant, must be a partner in the grant. Applicants must complete the table below and include at least one required partner, as described in Section 4.d.iv of the TEGL. Required Partner Name Entity Type (Local Workforce Development Board; AJC) Geographic Area Covered by Partner Partnership Letter Included? (Y/N) Richmond Workforce Development Board Local Board City of Richmond N (Not required) A-3
294
Strategic Partners (Optional) Instructions: Per section 4.c.ii.B of the TEGL, applicants may propose to organize and maintain strategic partnerships, as well as contractual arrangements where appropriate, with community organizations or other entities to develop targeted efforts aimed at identifying and enrolling eligible participants from priority communities. These partnerships may help ensure grant success but are not required to be included in the application. Partner Name Partner Type (Employer/industry, education, economic development, community organization, etc) Partner Role(s) In Proposed Project Geographic Area Covered by Partner Weigh of Life Community organization Outreach to potential participants, supportive services Richmond, West Contra Costa County Literacy for Every Adult Program (LEAP) Local government Outreach to potential participants, supportive services Richmond, West Contra Costa County West Contra Costa Adult Education Education Outreach to potential participants, supportive services Richmond, West Contra Costa County Project Summary Instructions: Per section 4.d.i, applicants must briefly describe their vision for how their proposed project will achieve the goal of the CAREER DWG, including which of the required and allowable activities they intend to carry out. The proposed project will work with contracted partners to develop targeted outreach to individuals who have lost employment as a result of the impact of COVID-19 on the local economy. Project case managers will conduct initial interviews and assessments, and work with participants to develop an individual education and training plan. Those with a need will be provided with basic skills and English Learner supports. Participants will complete sector-based training in one of the many training options available through the project. Case managers will assist participants in developing resumes and preparing for interviews. Training providers will provide links to potential employers that they have worked with previously. Case managers will support participants in their initial adaptation to new employment and provide ongoing retention support for 12 months following employment.

Grant Activities Instructions: Applicants must Brief Description of Activities (Approximately 250 words or fewer for A-4 295
identify which of the required and allowable activities they intend to employ under the grant to achieve the goal of the program. each element)
The goal of the CAREER DWG is to help reemploy dislocated workers most affected by the economic and employment fallout from the COVID-19 pandemic, in particular those from historically-marginalized communities or groups, and those who have been unemployed for an extended period of time or who have exhausted UI or other Pandemic Unemployment Insurance programs. A. Required Grant Activities Applicants for CAREER DWG funds must commit to providing at least one of the following activities. X Provide career and training activities for participants, including staff-assisted career services and appropriate supportive services, focused on reemployment. See section 4.c.i.A for more information.

The proposed program will provide the following career and training activities, aimed at facilitating reemployment of participants: case management, assessment, training in essential workplace skills, identification of vocational goals, support with resume preparation and interviewing, retention support. Based upon participant needs, additional supports will include basic skills instruction, English Learner support, GED/High School Diploma completion, child care, transportation, and other supportive services. Participants will choose from a wide range of training options, including the following occupations: pre-apprenticeship construction training, emergency medical technician, information technology, truck driving, marine careers, health professions, and administrative assistant. Other options include on-the-job training (OJT) in a chosen field, and entrepreneurship training. ❑ Research, purchase, build, or expand virtual technology applications or platforms for job search, career guidance, training, or other activities to expand the capacity of the workforce system to serve larger numbers of dislocated workers and job seekers, to ensure accessibility to services beyond the physical American Job Centers, and to ensure that service delivery will not be interrupted due to emergencies such as the COVID-19 pandemic. See section 4.c.i.B for examples and additional information.

A-5
296
B. Allowable Grant Activities Applicants may carry out other activities to support the project design and in order to achieve the goal of the CAREER DWG program. Please select any of the options below that will be included in the proposed project, and provide a brief description of how these activities enable the success of the project. For additional information on these allowable activities see section 4.c.ii of the TEGL.

X Creating and executing focused outreach campaigns designed to reach priority populations and other potentially-eligible participants to ensure they are able to enroll in grant-funded activities.

Based upon past success with solicitations for specific workforce training opportunities, the program will prepare recruiting flyers and social media announcements specific to the seven sector-based training pathways that will be available to participants. (Training sectors identified in Section C below.) The program will post information online and using social media, including sites such as LinkedIn, Facebook, Instagram, and the City of Richmond website. Information will be posted on the City Manager’s weekly report. The program will also be promoted via the City’s public television station, KCRT. X Organizing and maintaining strategic partnerships, including contractual arrangements, with community organizations or other entities to identify and enroll eligible participants from target communities The proposed program will contract with partner community organizations Weigh of Life, Literacy for Every Adult Program (LEAP), and West Contra Costa Adult Education to identify and enroll participants. The RWDB has a long history of working with each of these organizations, and they have strong connections to the Latinx and African American communities in Richmond and west Contra Costa County that have experienced disproportionate job loss as a result of the pandemic. ❑ Carrying out other allowable activities that are intended to achieve the goal of the CAREER DWG

C. Achieving the CAREER DWG Goal The applicant must demonstrate that its project will help move its workforce toward high-quality family sustaining-wage employment opportunities and address the economic and workforce challenges caused or exacerbated by the COVID-19 pandemic. To address these challenges, applicants must briefly (in approximately 250 words or less) identify and describe how the strategies or approaches described above will help to achieve the goal of the CAREER DWG as described in section 4.a of the TEGL.

A-6
297
The strategies described above will achieve the goal of enabling participants from the City of Richmond and the surrounding region who have lost employment as a result of the COVID-19 pandemic to obtain and retain high-quality family sustaining-wage employment in multiple ways. The program will work with key community partners to conduct an outreach campaign to prospective participants. Community partners Weigh of Life, Literacy for Every Adult Program (LEAP) and West County Adult Education will recruit participants through their community networks. The program will prepare recruiting flyers specific to the seven sector-based training pathways identified below. The program will make active use of social media, along with the City of Richmond website. Information will be posted on the City Manager’s weekly report. The program will also be promoted via the City’s public television station, KCRT. Program staff will include three case managers at 0.25 FTE each, for a total of 0.75 FTE in case management services for 100 participants throughout the 24-month project period. Case management services will include: intake, assessment, referral to supportive services, resume development, interview skills development, preparation of individual employment plan, worksite orientation, job search support, work experience, and job retention support. Eligible participants will be co-enrolled through WIOA in order to receive supportive services including: interview clothes, laptop computer, support in obtaining driver’s license or ID, health, and transportation. As soon as possible after they have been registered for the program, enrollees will meet with their case manager to complete intake and assessment, and to develop an interest profile. These steps will help determine what services and which education and training pathways are most appropriate for each participant. Participants will also be expected to complete a CASA (Core Academic Skills and Assessment) test of basic skills to determine readiness to complete the training--those who do not pass will be referred to basic skills instruction prior to retaking the test. Participants will have the opportunity to select from training in multiple occupational pathways, provided by experienced partners. These will include: 1) Construction Trades- RichmondBuild; 2) Truck Driving-Michael’s Transportation; 3) Emergency Medical Technician-West County Health Pathways Partnership; 4) Information Technology-Bitwise Industries; 5) Maritime Trades-Spaulding Marine-Boatworks 101; 6) Entrepreneurship Training-Richmond Main Street; 7) Entrepreneurship Training-Renaissance Center; 8) Office Administration-Martinez Adult School; 9) Medical Assistant- Kaiser Permanente of Allied Health. Once they have selected a specific training option, participants will meet individually with a counselor at the training provider to gain additional support related to identifying and achieving goals. Case managers will also connect with counselors to discuss any concerns or to make additional recommendations regarding the students. For participants with extra barriers, program and CBO staff will work as a team to come up with needed resources. The case managers will monitor training participants at least twice monthly to ensure that they are actively participating in training and to encourage them to complete the program. Carrying this out consistently will improve retention and completion, by giving participants a connection to someone who cares about how they are doing. Training periods will range in length from approximately 4 months (RichmondBuild) to 18 months (Spaulding Marine-Boatworks 101). Following the completion of training, case managers will work with participants to identify employment opportunities in the sectors in which they have been trained. This activity will include monthly check-ins with each participant for a year after completion of the program. To support access to employment A-7 298
opportunities, the RWDB RichmondWORKS Manager meets with training directors for the various sector-based programs to discuss job openings and connect participants with employers. Follow up by case managers will continue for a year after a participant is employed. At the one-year mark, the case manager will have a focused meeting with each employed graduate to determine whether the job is working for them, and when this is not the case, to provide help with finding a job that is a better fit. Taken together, these activities will increase the likelihood that dislocated workers in the City of Richmond and west Contra Costa County, particularly those who are Latinx and African American, will increase their employability and family sustaining-wage earnings. A-8 299
A-9
Rationale for Project Service Area (continued from page A-2) Unemployment in the City of Richmond, which went from 3.3% in February 2020 to a peak of 17.1% in April 2020 during the initial stages of the pandemic, currently stands at 7.8% as of May 2021 (CA Employment Development Department). Data shows that the unemployment rate for Latinos nationwide at the peak caused by the pandemic was nearly 30% above the total rate for the country, and was likely to be even higher for those with limited English capabilities. Communities of color, which are disproportionately represented in occupations that have experienced significant job loss as a result of the pandemic, make up a substantial part of the of the population of City of Richmond and west Contra Costa County. Based upon data from the 2019 Census, 42.5% of Richmond’s population identify as Hispanic or Latino, 20.2% are Black or African American, and 15.4% are Asian. In addition, more than 54% of individuals in the area live in a household in which the primary language spoken was something other than English. The proposed project will work with community-based organizations that are rooted in these communities to provide outreach and deliver the supportive services necessary for success in the workplace. 300
Richmond Workforce Development Board-CAREER DWG Grant Project Staff Resumes Page Bouakhay PhongBoupha, Program Manager 1 Monica Castrillo, Case Manager 4 Lorena Rodriguez, Case Manager 6 Emmanuel Njome, Case Manager 7 301
1 | Page Bouakhay Phongboupha
BOUAKHAY PHONGBOUPHA (510) 932-6177 [email protected] HIGHLIGHT OF QUALIFICATIONS § Over 18 years of direct supervisory experience in a community-based organization § Think strategically, develop goals, work plans for staff, and work toward practical performance goals and outcomes; skilled in development of work plans for program and staff, research and collection of data as it pertains to funding § Understand State, EDD, and Federal Workforce Innovational Opportunity Act (WIOA) Audit, contract, policies, and document requirements. § Abilities to monitor, track, record, and compile reports on grant funded projects to the state and federal government as well as other entities § Skills and abilities to monitor staff’s progress and outcomes; multi-task and meet grants deadlines effectively and remains focused across a variety of priorities § Flexible and ability to wear different “hats” on short notice § Strong and polished interpersonal, written, and oral communication skills § Willingness to be proactive and work beyond job responsibilities to ensure project success § Experience in develop and manage, hire and train, supervise and assess personnel § Experience with Resources, Businesses Services, social work practices § Experience with WIOA principles and practices related to adult and youth development workforce § Able to work with a variety of populations, include veterans, adult, youth, dislocated workers, youth/adult with disabilities, culturally diverse families/communities /culturally sensitive § Skilled at performing multiple tasks while defining projects or tasks that may lack clarity PROFESSIONAL EXPERIENCE PROGRAM MANAGER: § Responsible for developing and maintaining budget of $2.8 million § Supervise and direct program staffs and interns with job assignments, case file and database, evaluate and guide staff duties and responsibilities § Participate in state, EDD, and federal audit § Prepare reports as required by funders § Work with grant writer to secure workforce grants § Work with Richmond Workforce Development Board (RWDB) to meet goals and standards established by the boards and in accordance with local and regional plans § Participate in Regional and California Workforce Associate monthly meetings § Responsible for the compliant administration, skilled operational performance, and financial integrity of all procedures, programs, and activities of WIOA grants § Oversight youth and/or adult program, policy development, case file and data management, performance and monitoring to ensure compliance and best practice, through formula and discretionary grants § Business engagement to assess business needs for a skilled and trained workforce § Facilitates partnerships to advance service delivery and address labor market requirements in a coordinated manner § Facilitate weekly/monthly meetings with the Workforce Division’s teams (Adult, Youth, Business, state, and County), to provide direction, technical assistance, and accountability using fiscal, performance, client participation, and compliance data § Develop Work Experience (WEX), On-the-Job Training (OJT) opportunities if appropriate. § Coordinate Summer Training and Employment Program for Students (STEPS) in order to assist youth with disabilities attain WEX and job placement § Coordinate Annual Summer Youth Employment Program (SYEP) for over 200 youth yearly § Design participant and the employer contracts for WEX activities § Train Case Managers on co-enrollment, ITA, and On-the- job- training (OJT) 302
2 | Page Bouakhay Phongboupha
§ Communicate directly and regularly with team members, outside agencies and services to coordinate and collaborate services § Monitor report activities to insure enrolled clients are effective based on WIOA guidelines EMPLOYMENT PROGRAM SPECIALIST I/II § Develop working relationships with employers, educators, economic developers, local elected officials, and representatives from other community-based organizations. § Establish professional relationships with business and industry from prioritized industry sectors, serve as primary point of contact and support for local businesses § Attend meetings, conferences, and seminars as requested § Supervise Interns and lead employment workshops § Maintain participant case files, to include: documentation of services provided, outcomes, educational scores, certificates, OJT and Work Experience contracts, timesheets, documented contacts with participant and employers, and an employment plan developed in conjunction with participant and signed by participant and Workforce Development Specialist Experience with online system, CalJOBS and GAIN assessment § Attend Richmond Mayor’s Business Roundtable quarterly discussion § Collaborate with training providers § Collaborate with Businesses, Mayor’s office, economic development departments within the City § Market workforce programs and services to partners, Community Based Organizations, employers, job seekers and businesses on behalf of RichmondWORKS § Coordinate business services/on-the-job training opportunity with job seekers and employers § Maintain and collaborate professional working relationships with partners, employers, businesses, clients, job seekers, public and staff to identify and assist with their needs, including information, referral, resources, and job placement PROGRAM COORDINATOR/ OFFICE OF CRIMINAL JUSTICE PROJECT (OCJP) § Supervise and train over 40 line staff and 5 lead staff by articulating expectations, displaying model behavior, maintaining open lines of communication and being clear about roles and relationships § Conduct and administer fiscal operations, plan budgets, authorize expenditures, establish rates for services § Establish work schedules and assignments using Excel, Dropbox, Cozi, and When to Work programs § Review leave request, time sheets, work charts to detect and reconcile payroll discrepancies § Maintain communication between Regional Center of the East Bay, case manager, line staff, and department heads by attending quarterly meetings and coordinating interdepartmental functioning § Implement program and services in Supportive Living Services, including personnel administration, training, and coordination of line staff § Conduct recruitment, hiring, terminate and training of personnel § Resolve escalated client issues and complaints § Establish staffs work schedules and assignments according to workload and equipment availability. § Monitor and review program to ensure schedules are met, guidelines are adhered to, and performances are of adequate quality § Individual and family therapy, community outreach, and referral to appropriate resources SENIOR MENTAL HEALTH SPECIALIST/ DOMESTIC VIOLENCE CASE WORKER/PEER COUNSELOR § Plan and implement substance abuse treatment and prevention programs § Assess patients' mental status through interviews and observations, develop treatment plans; team debriefing, make referrals to appropriate services § Case assessment and ongoing case management for youth and adult mental health patients at outpatient clinic § Coordinate care with psychiatrists for medication evaluation and resources to maintain quality of care 303
3 | Page Bouakhay Phongboupha
§ Link clients with community resources and provide a continuum of support § Provide community outreach, individual, family and group therapy, crisis intervention § Advocate and collaborate with inter-agency liaisons and county social workers to coordinate multidisciplinary team meetings, court accompaniments, on-site support, police stations, and community § Provide culture-competency training to police department, professional providers, community, and religious leaders § Maintain written records, case notes, and patient interactions § Facilitate Child of Domestic Violence and Perpetrator group § Answer crisis calls, crisis intervention, safety plan, advocate for victim of violence, translate as needed § Coordinate with Contra Costa County Alcohol and other Drugs Division, school administrators, social services, and other community-based service providers § Facilitate weekly treatment groups and psycho-education to youth and family, conduct parenting education EMPLOYMENT HISTORY City of Richmond, E&T, YouthWORKS/ RichmondWORKS Jun 2008-Present STAND! Against Domestic Violence, Concord, CA Aug ’04- Dec ‘08 Asian Pacific Psychological Services, Oakland, San Pablo, Richmond, CA Nov’97 -Jan.’04 Asian Community Mental Health Services Jun’95- Oct. 97 San Francisco State University, Student Outreach Services, SF, CA Aug. ‘92-Jun ’94 VOLUNTEER EXPERIENCE Community Council Member, Family law Justice, Richmond, CA Sept. ’15-Present President, Lao Khmu Women Association of the Bay Area Jan.2019- Present Treasure/ Board Member, Khmu National Federation June ’03- Present EDUCATION Psychology Contra Costa College Jun ’03- Jun ‘04 Psychology San Francisco State University 1991-1994 Global Career Development Facilitator Certified (GCDF) EDD Oct ’12-May’13 COMPUTER/PROGRAM § Windows, Excel, and Microsoft Word, Outlook, PowerPoint based computer application and database management § CalJOBS/Workforce Innovation and Opportunity Act (WIOA) Regulations AWARD § City of Richmond Employee of the Year (2012, 2013 & 2014) § "People who make a difference" given by the Board of Supervisors and Alcohol and Other Drugs Advisory Board of Contra Costa County (May 15, 2001) § Presentation on “Refugee” for South Korea Government officials, scholars, and Professionals with The United States Embassy (May 2015) Reference available upon request 304
MONICA CASTRILLO 1459 Hutchinson Court | Pinole, CA 94564 | 510-734-7088 c | [email protected] OBJECTIVE: Employment Program Specialist II for RichmondWORKS SUMMARY OF HIGHLIGHTS Career Counseling | Policy/Procedure Development | Recruitment | Training Workforce Planning | Employee/Labor Relations | Spanish Facilitator | Workshops Job/Task Analysis | Case Management | State/Federal Compliance | Job Placement RELEVANT PROFESSIONAL EXPERIENCE Career Counseling • Results driven Workforce Professional with 14 years experience in vocational, academic career counseling, providing advice and guidance on career pathways with individuals from diverse socio-economic groups who have multiple barriers to employment, developing jobs with a variety of industries • Administered and interpreted assessments to assist clients in identifying career interests, skills and values • Developed individual educational/employment plans, identify and arrange participant support services, and make appropriate agency referrals, as necessary • Coached clients individually and in groups in developing, executing and problem-solving strategies toward skill achievement, employment preparation, job placement, retention, and career advancement. • Performed a variety of analytical tasks in developing job postings, screening/selecting resumes, interviewing/testing applicants, evaluating skills, classification, labor market information and compensation • Interpreted, and implemented state/federal labor/union contract regulations, principles and requirements, such as Department of Labor (DOL), Workforce Investment Act (WIA), Memorandum of Understanding (MOU), Equal Employment Opportunity (EEO), and Occupational Safety & Health Administration (OSHA), with facilitation of understanding. Training • Developed training plans, negotiated and monitored training provider contracts in a variety of vocational trainings approved by the State of California from the Eligible Training Providers List • Collaborated with Kaiser Permanente School of Allied Health Sciences (KPSAHS) to prepare students for careers in Sonography, Radiation Therapy, Nuclear Medicine and Phlebotomy; counsel clients regarding college pre-requisites and requirements for each specific program • Monitored training performance from start date to finish date, obtaining direct reports from the instructors, program coordinator and funding department guaranteeing compliance is in line with all State and federal regulations. • Developed “On-the-Job Training (OJT)” contracts with a broad range of industries and occupations in utility, logistic, transportation, construction, medical, telecommunication, financial and many more. • Managed on average 80 – 90 vocational and OJT training contracts with successful completion of program, skill development/upgrade, and 95% employment placement where participants advance their careers, ensure job security and improve the quality of job performance. Business Writing • Provided consultation to managers to ensure that program goals were met, analyzed existing operations and implemented strategies, processes and technologies to improve departmental productivity and efficiency • Streamlined the process of client intakes, implementing One on One Counseling sessions, improving federal programmatic services, document case management, secure confidential documents and provided tracking reports • Developed and facilitated workshops, such as Job Search Strategies, Resume Writing and Interviewing Techniques and provided education on Workforce Investment Act Program policies and requirements • Developed a strategic Membership Orientation process for English and Spanish speakers designed to promote the understanding of One Stop Career Center policies, and conducted surveys • Directed and monitored the work flow of support staff and new hires to ensure accuracy, responded to internal and external requests / inquiries and resolved complaints in an efficient and timely manner • Proficient in MS Word, Excel, PowerPoint, Outlook, workforce data management system, Virtual One Stop (VOS) and a variety of career assessment tools. 305
MONICA CASTRILLO 1459 Hutchinson Court • Pinole, CA 94564 • 510-734-7088 c • [email protected] RELEVANT EMPLOYMENT EXPERIENCES Employment Program Specialist I/II RichmondWORKS Richmond, CA 2007 – present Director Something More Childcare Pinole, CA 1999 - 2007 Preschool Teacher Hope Lutheran Preschool El Sobrante, CA 1994 - 1996 Group Benefits Specialist CIGNA Corporation S.F., CA 1991 – 1993 EDUCATION & CERTIFICATES Human Resource Management Certificate Program California State University, East Bay (in progress) Hayward, CA 2015 Industrial Organizational Psychology, B.S. California State University, East Bay Hayward, CA 2013 Global Career Developer Facilitator Certificate #10236 Center for Credentialing and Education, Inc. 2009 Early Childhood Education, Certificate Contra Costa College San Pablo, CA 1993 Business Administration, A.S. City College of San Francisco San Francisco, CA 1987 PROFESSIONAL DEVELOPMENTS Clean Slate Training 2013 East Bay Community Law Center Richmond Leadership Program Richmond Chamber of Commerce 2011 Sustainable Solutions to Homelessness Saffron Strand, Inc. 2011 Employment Development Department Workforce Services Division Quick Fixes for Frontline Staff 2010 Job Development 9-1-1 2009 Counseling Tool Kit 2008 “That’s Not My Job”! Customer Service 2007 306
Lorena Rodriguez
Richmond, CA (510)815-1576
E-mail: [email protected]
Employment Program Case Manager

IDGHLIGHT OF QUALIFICATIONS
• Flexible and ability to wear different "hats" on short notice • Strong and polished interpersonal, written, and oral communication skills • Creative, strategic, and analytical thinker with the ability to manage multiple projects • Experience in developing and managing, hiring and training, supervising and assessing personnel • Experience with Community Resources, Businesses Services, counseling/social work practices with high-risk populations
• Experience with Workforce Innovation and Opportunity Act (WIOA) Regulations • Knowledge of Microsoft Office and Windows based computer application and database management
• Experience with online system, Ca!JOBS and GAIN assessment • Able to work with a variety of populations, include AB109, veterans, adult, and dislocated worker • Ability to work in a variety of settings such as culturally diverse families/communities /culturally sensitive and appropriate
• Proven ability to handle crisis situations, mediate, and problem solve • Able to work independently or in team, manage high stress situations, reliable, excellent people skills
• Bilingual abilities in English and Spanish

PROFESSIONAL EXPERIENCE
EMPLOYMENT SPECIALIST - Richmond WORKS Employment & Training Department • Supervise Interns and Lead Employment Workshops
• Conduct Job Expo/Fair for employers and job seekers
• Provide Coordination for Business Services/On-the-Job trainingopportunity to job seekers and employers
• Accelerating Careers thru Essential Skills (ACES) Counselor • Maintain and collaborate professional working relationships with partners, employers, businesses, clients, job seekers, public and staff to identity and assist with their needs, including information, referral, resources, and job placement
• Interview potential clients, assess eligibility for specific employment, and training programs; recommends program participation and/or refers them to an appropriate community resource if possible
• Follow-up on program participants to ascertain current employment status and program success • Maintain accurate records and files; input client information into Ca!JOBS • Conducting Rapid Response meetings and presentations
307
Highlights of Qualifications:

Emmanuel Njome
(jnya55 @hotmail.com)
Cell: (707) 410- 7416
Wrote and implemented policies and procedures for grant funded contract projects. Proven ability to successfully supervise, manage large and small multip le projects including handling many deta ils simultaneous ly. Over ten years in administration and managemen t with the ability to interpret complex government regulations. Prepared training manuals and delivered effective training workshops; developed, implemented and monitored effective operating procedures for complying with county, state and federal regulations, as well as monitored performance measurement in relation to goals for grant -funded projects.

Professional Experience
City of Richmond, Employment&: Training Richmond, CA
January 2000- Present
J ob Developer
• Develop significant changes in the way of structu ring and creating new employment opportunities for participants, as well as improving the delivery of service and operation. • Create a data base of over 250 skilled and unskilled RichmondWork s particip ants in construct ion.
• Place over 200 RichmondWorks participants in the building construction trade including subsidized and unsub sidized employment.
• Conduc t pre -employment workshops in interviewing and resume writ ing skills, labor market information, networking, and enhancing client's capac ity to move toward self-su fficiency.

Business Services Represent ative
• Communicate, negotiate and inform employers about resources and services available to them through the WIOA program such as Tax hiring incentives. • Represent the One-Stop Career Center in building long-term partnership with businesses. • Assist businesses in screening and assessing participants for employment and OJT training. • Serve as an internal champion for businesses by assessing workforce needs and providing quality labor market information, rapid response, and outplacement services to businesses that are facing lay off.
• Respons ible for implementing and monitoring the city's first source hiring ordinance by working with developers, contractors and union s in hiring/training Richmond 's reside nts in the constr uction industry.
• Conduct audit on training providers that serves Richmond works participants in accordance with state regulations and procedures
Employment Program Specialist ll
• Serve 125 disloca ted workers in intake, assessment and WIOA training . • Plan, organize and implement employment and training workshops for specific target groups and/or of specific time duration.
• Confer with and work closely with program participants to solve problems and ensure that program requirements are met.
• Maintain database and files to track and report on statu s of grants and contracts. • Follow-up on program participants at specified intervals to ascertain current employment status and program success.
308
East Bay Conservation Corp/Alameda County Public Works Intern ship Program, Hayward , CA March 1998- Januar y 2000
Program Supervisor
• Oversee the super vision of 10 EBCC interns work ing at Alameda County Public Works. • Monitored worksite to ensure quality training and performed quarterly evaluation . • Updated existing policies and procedures to implement the agency internship contract goals and objectives.
• Directed and administered the implementation of the agency intern ship guid elines policies and procedure s for each departm ent.
• Served as the liaison to East Bay Conservation Corp and Alameda County Publi c Works Agency in coordinating the program contract goals and objectives. • Placed intern s in permanent full, time positions after a year of interning at Alameda County Public Works Agency.

East Bay Conservation Corps Oakland, CA
March 1993 - March 1998
Recycling Supervisor
• Provided supervisio n for 7 staff and prepared quarterly budget report . • Assisted in writing the State Department of Conservation Recycling grant of $1.5m • Formed partnership with public, private and non,profit organizati ons to increased recycling collection , trained and hired EBCC's interns, and decreased EBCC's reliance on Doc. grant. • Increased recycling revenue by 10% each year for placement of intern s. • Evaluated interns work performance and worksite to ensure qualit y training and facilitated necessary improvements.
• Assessed personnel issues facing the department and possible solutions. Specific areas of concerns includ ed: interns development and training opportunities, performan ce measurement standards and staffing allocation.

City Manager's Office, Richmond, CA
September 1990 - March 1993
Environmental Projects Coordinator
• Planned, coordinated and implemented the City's commercial and residential waste reduction and recycling activities including program design, public outreach, as well as monitoring and providing technical assistance .
• Instru menta l in researching and securing a $30,000 recycling grant from the State Department of Conservation for a plastic recycling project.
• Collaborated with the Contra Costa County Recycling Managers in reviewing, analyzing and dra fting response to legislative initiative as proposed by the Stat e and County to reduce waste by 25 percen t.
• Developed, designed and updat ed educationa l and promotiona l literatur e on the City's source redu ction and hazardou s waste program.
• Established the City's Recycling Advisory Commit tee and served as primary sta ff and Vice Chairperson, with the responsibilities of planning innovative ways in dealing with recycling issues, setting the Commit tee's agenda and presenting updated information on the City's recycling program.

Education
M. P. A., Public Administration , California State University Hayward, CA B. A., Liberal Arts, Macalester College, Saint , Paul, MN 309
Special Qualification s
+ Certified Global Career Facilitator (Rutgers, The State University of New Jersey, Cent er for W orkforce Development)
+ Obta ined NASD Series 6 &: 63 License
• • •
310

April 4, 2023

Library and Community Services

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment and Training Division

Subject:

Contract with the Richmond Police Activities League to
Provide Workforce Training and Work Experience
Opportunities
FINANCIAL IMPACT: The contract will be funded entirely by the California for All Youth grant from California Volunteers - Office of the Governor. All expenditures associated with this program are grant funded and will be reimbursed to the City.

There will be no fiscal impact upon the City’s General
Fund (12572641-400538-27A01).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Employment and Training Division is seeking a
contract with the Richmond Police Activities League to
provide workforce training and employment opportunities for 20 youth for the Ambassador and Explorer program.

RECOMMENDED ACTION:

APPROVE a contract with the Richmond Police Activities
League (RPAL) to provide workforce training and
employment services to 20 youth, for a term commencing
April 5, 2023, and ending March 31, 2024, for a total
amount not to exceed $73,700 funded by the California
for All Youth grant – Community Services Department,
Employment and Training (Tamara Walker 510-307-
8006).

AGENDA
REPORT
311

April 4, 2023
DISCUSSION:

The City of Richmond’s Employment and Training Division (E&T) was awarded $2,972,695 from California Volunteers, Office of the Governor. These funds were allocated to provide Richmond youth and young adults, ages 16 – 30, with transitional employment, academic development, occupational skills training, career pathways, and on-the-job training opportunities in high-wage, high-growth industries.

On December 12, 2022, E&T released a Request for Proposal (RFP) to community- based organizations to support the delivery services under the California for All Youth grant. Two (2) applications were received and after review, E&T is requesting City Council approval to enter into a contract with the Richmond Police Activities League (RPAL).

RPAL will provide workforce training and employment opportunities for 20 youth through the Ambassador and Explorer program. The partnership will provide job preparedness training, workplace skills training, and community service opportunities that will allow program participants to gain work experience important to enhancing their qualifications and advantages toward their ultimate career success. Each participant will be allowed to work a maximum of 500 hours at $20 per hour and E&T will be responsible for payroll functions.

DOCUMENTS ATTACHED:

Attachment 1 – California for All Youth Grant
Attachment 2 – California for All Youth RFP
Attachment 3 – Scoring Rubric
Attachment 4 – Richmond Police Activities League Contract

312

2. The term of this Agreement is:

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 6/27/2022
6/27/2022
313

City of Richmond For All Youth Workforce Development Program RFA#JP12-002

Section 1: Program Goals

The COVID-19 pandemic and accompanying economic downturn are having staggering effects on young adults. Young people are typically among the hardest-hit groups during recessions and getting off to a bad start in the labor market can have long-term effects.

Prior to the pandemic, young people aged 16 -24 were already disproportionately adversely affected in the labor markets compared to other age groups. Even as the nation enjoyed record low unemployment rated between 2016 and early 202, young people experienced unemployment rates twice as high as the national average. Experts estimate that the number of young people between the ages of 16 -24 who are not in school or working will easily top 6 million and could swell to almost one-quarter of all young people.

Thus, young people are facing a catastrophic crisis, and we can’t wait to act. The window for action is open, but we need to move swiftly. We need a society, economy and community designed to care for all people, especially young people, who are the most important and most affected stakeholder when talking about our global future.

Therefore, the City of Richmond has made young people the heart of it’s COVID-19 recovery by helping them prepare for work and life as engaged citizens. Richmond has prioritized education, civic engagement, and employment for Richmond youth.

Our goals are as follows:
• Improve the health and well-being of the community by providing valuable educational, social, and environmental services
• Prevent long-term unemployment among young adults and reduce economic hardship. • Help young people prepare for future good jobs by offering a more affordable route to postsecondary education and giving them the chance to learn new skills, gain work experience, and expand their social and professional networks. • Rebuild civic and social connections by bringing participants from different backgrounds, income levels, races, ethnicities and area of the city together to share experiences to solve public challenges.

Section 2: Program Design

City of RIchmond
#JP2002
Exhibit A Scope of Work
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 314
We cannot fail in the crucial task pf promoting equal opportunities for all young people to thrive.

The pandemic has interrupted the education, socialization, and employment of tens of millions of children and young adults – disproportionately hurting those from low-income families and communities of color.

As we recover, we must aim higher and think bigger, rather than returning to the economic and social status quo.

It is our responsibility, as local government, to provide an avenue for young people to support themselves financially, carry out meaningful and productive work, learn new skills, and expand their networks to prepare for a leadership role in the future.

The City of Richmond For All Youth Workforce Program is designed and administered by Richmond YouthWORKS, a department within the city, in partnership with the Richmond Police Activities League, RichmondBuild, Richmond YouthBuild, Richmond Office of Neighborhood Safety, Richmond Police Cadet, Richmond Fire Department Explorers, West Contra Costa Unified School District, THIMBY, and Contra Costa College.

All program partners have over 10 years of providing youth development and employment and training opportunities for at-risk, low income Richmond youth.

In addition, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program.

The program will target 150 at-risk, low-income Richmond youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, or have aged out of the foster care system. We will serve a minimum of 75 youth per year in year-round/summer employment opportunities beginning May 1, 2022.

The program will focus on building and expanding career pathways, addressing climate control and food insecurities, and provide meaningful service opportunities to assist COVID-19 recovery in the community.

Each youth referred to the program will go through an intake process which includes a resiliency and needs assessment. Upon completion of their assessments, each participant will receive a Career Action Plan. A career action plan is a dynamic planning document owned and managed by young people intended to reflect their increased career development learning. The plan helps young people: set their goals. clarify the actions needed to achieve these goals.

Participants can participate in the following programs:
• Career Support – All participants will be required to attend our Career Support workshops. The workshops designed to prepare youth for employment providing soft skills training in order to increase the youth’s employability in a short amount of time.

The workshop is comprised of modules on professionalism, workplace conflict resolution, workplace safety, financial management, resume writing, job search and interview techniques and job retention.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 315
• Life Skills – All participants will be required to attend our Life Skills workshops. The workshops give youth the ability to learn new skills that increase their understanding of the world around them and equip them with the tools they need to live a more productive and fulfilling life; to finding ways to cope with the challenges that life, inevitably, throws at them.
• Public works and environmental conservation/restoration program – Participants will address long-standing conservation, restoration, and climate change needs such as maintenance backlog in public parks, and coastal ecosystem restoration, neighborhood beautification, and disaster preparedness as a result of COVID-19. • RPAL Farm, Garden and Culinary Arts program – Participants will be introduced to the local agricultural industry and build new and essential life skills through farming, gardening, cooking and food literacy. Young people will have the ability to make healthy food choices by having the skills and knowledge necessary to buy, grow, and cook food with implication for improving individual, family, and community health. • Tiny House In My Backyard (THIMBY) – Participants will participate in the design and construction of carbon neutral, off-grid capable transitional housing for low-income and unhoused Richmond residents. This student-led housing initiative was developed by UC Berkeley students to address the acute housing crisis in the region, which has been especially exacerbated in the wake of COVID-19.
• Public Service & Safety Corp – A career pathway program and pipeline that teaches the critical skills needed for and entry into public service and safety careers. • RichmondBuild and YouthBuild - Participants work toward their GEDs or high school diplomas (if appropriate), learn job skills, and work on community projects. The program provides participants with intensive hands-on training in industry-recognized certifications and supports their progress toward a lucrative career in the construction industry.

Section 3: Youth Recruitment/Development

Participants for the City of Richmond For All Youth Workforce Development program are at- risk, low-income Richmond Youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, and/or have aged out of the foster care system.

There are various entry points into to the program; inhouse recruitment and partnering agencies referral. Richmond YouthWORKS is a youth development program that focuses on provided employment and training opportunities to Richmond youth ages 16 – 24.

Richmond YouthWORKS along with RichmondBuild and Richmond YouthBuild are under the auspices of the City of Richmond’s Employment & Training Department and will be a pipeline for recruitment.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 316
In addition, the department, in partnership with West Contra Costa Unified School District, Contra Costa Office of Education, and Contra Costa Community College, provide employment opportunities for 500 Richmond youth during the summer.

Furthermore, we receive referrals from law enforcement agencies, community-based organizations, probation, and independent living programs.

Lastly, the City of Richmond utilizes several outreach platforms to provide information to the community. These platforms include:
• Television station
• Mayor’s weekly blog
• Community Newspaper
• City Manager’s weekly report
• Social media outlets (i.e., Facebook, Twitter, Instagram)

As stated above, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program. These services include:
• Case Management,
• Transportation assistance,
• Referral to substance abuse treatment and mental health counseling, • Assistance with childcare,
• Assistance with housing,
• Legal aid services,
• Referrals to healthcare,
• Assistance with uniforms and other work attire and work-related tools and gear, • Assistance with book, fees, and school supplies, and
• Payments for fees for employing and training-related applications, tests, and certifications.

Section 4: Metrics/Outcomes

As a workforce development system, we are competent in data collection for outcome measures.

We are very confident in our ability to provide the required metrics for the grant.

We have the capability and capacity to utilize our current MIS system, CalJobs, to capture the required outcome metrics which are aligned with the Workforce Innovation and Opportunity Act (WIOA) metrics that govern our funding.

Section 5: Budget/Staffing/Communication

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 317
The City of Richmond commits to using CaliforniaVolunteers developed branding for this program and will participate in CaliforniaVolunteers-organized training/curriculum if required.

In addition, if funded, we would be interested in participating in a program launch media event with CaliforniaVolunteers.

TOTAL: $2,972,695

Category Amount Total Budget Narrative
Year 1 Year 2
Staffing
(3) FTE Employment Program
Specialist

Administrative/MIS Staff
.5FTE
$177,444

$40,004
$186,300

$41,862
$363,744

$81,866
3 FTE Employment Program Specialist responsible
for outreach, case management and job placement.

Cost of living increase in Year 2.

Responsible for program support, tracking and
reporting of program outcomes, and support for
outreach and recruitment
Benefits @.45% $18,002 $18,838 $36,840 Calculated at .45% Supplies (tools, uniform, wood,
nails, paint)
$10,000 $10,000 $20,000 The total budget for supplies equals $20,000, and includes $10,000 for the cost of
construction supplies and consumables to be used in
the construction training lab, and uniforms and safety
equipment for participants. An additional $10,000 is
included for the cost of hand and power tools for use
by participants.

Contractual
Richmond Police Activities
League Farm, Garden, Culinary
Program
Contra Costa College
$100,000

$50,000
$100,000

$50,000
$200,000

$100,000
Contract with the Richmond Police Activities League
to administer the Youth Farm Safety Education and
Certification Program.

Contract with Contra Costa College to administer the
Public Service and Safety certification program.

Other
Supportive Services

Participant Wages = 150 youth
X $20/hr. X 500 hours
$200,000

$750,000
$200,000

$750,000
$400,000

$1,500,000
Costs associated with providing wraparound services
(see description of wraparound services above)
Costs for participant wages will equal $10,000 per
participant, for a total of $1,500,000 for 150
participants (75 per year) in year-round and summer
program.

Administrative Cost (10%) $134,545 135,700 $270,245 Charges for “Other” also include administrative costs calculated at 10% of the
total federal request of $2,702,450, and equal
to $270,245.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 318
City of Richmond
#JP2002
Applicant:

Items Description Calculation Total Budget
Administrative Costs General purpose staff,
including office staff,
Director, fiscal staff and
item such as office supplies,
internet access, office
postagecopier cost, etc.
.1FTE Director
.1 Administrative
Analyst
.2FTE Fiscal Support
10% of office
expenditures
255,495.00$
Total 255,495.00$
# Requested Hourly Salary # of Hours Total Budget
150 $20/hr 500 1,500,000.00$
Total 1,500,000.00$
Items Description Calculation Total Budget
FICA for Fellows Social Security & Medicare 150 X $500 X 7.65% 114,750.00$ Worker's Compensation
Health Care
Total 114,750.00$
Items Description Calculation Total Budget % Allocation Cross Check Support Services Transportation assistance,
Referral to substance abuse
treatment and mental
health counseling,
Assistance with childcare,
Assistance with housing,
Legal aid services, Referrals
to healthcare, Assistance
with uniforms and other work
attire and work-related tools
and gear, Assistance with
book, fees, and school
supplies, and Payments for
fees for employing and
training-related
applications, tests, and
certifications.
150 X $2000 300,000.00$
Case Management Work collaboratively to
engage the Youth and
other support team
members in the
identification of strengths
and needs which support
the development and
implementation of a service
plan.
3FTE (includes
benefits)
.5FTE MIS (includes
benefits)
$ 482,450.00
CTE Certification Offer CTE courses through
the local community
college for participants
obtain CTE certificates and
college credit.
3 contract
education courses
at the community
college with
support staff @
$33K/each
$ 100,000.00
Community Garden To develop a community
garden that allows the
community to grow their
own fresh fruits and
vegetables.
supplies and staff
for the gardening
education and
supplies for the
garden
$ 200,000.00
Supplies
tools, uniform, wood, nails, paint,
seeds, dirt
Supplies needed for
beautification
project and
community farms.
$ 20,000.00
Total 1,102,450.00$ 37.1%
Total Budget Request 2,972,695.00$
Total # of Fellows 150
Partner Status (Proposed or Secured) Contractual Amount Richmond PAL Proposed 200,000.00$
Contra Costa College Proposed 100,000.00$
Total 300,000.00$
Exhibit B Budget Detail
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs CaliforniansForAll Youth Workforce Program (Revised 11/30/2021) City of Richmond
II. CaliforniansForAll Youth Workforce Fellows - Wage
I. Administration (Must Not Exceed 10% of Direct Award Amount) DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 319
City of Richmond
Agreement #JP2002

EXHIBIT B
Budget Payment Provisions

California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Richmond

BUDGET PAYMENT PROVISIONS

1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 320
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 321
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022

California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 322
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.

Invoicing Deadlines:

Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.

Financial Reporting Metrics:

Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:
• Expenditure Amounts
o Cumulative Expenditures (prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures (Current Cycle)
o Total Cumulative Expenditures
• Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
• Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance’s review and approval.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 323
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

Financial Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022

California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 324
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.

Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state- local-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID- 19/State_Fiscal_Recovery_Fund/
• State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID-
19/State_Fiscal_Recovery_Fund_Reporting_Portal/

Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 325
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions

Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 326

Request for Proposals

California For All Youth

Release Date: December 12, 2022

Deadline for Submittal
January 6, 2023
5:00pm

Contact: Itza Gonzalez
Email: [email protected]
Phone Number: 510-307-8023

City of Richmond
Employment & Training Department

327

RICHMOND – CALIFORNIA FOR ALL YOUTH GRANT PROGRAM

GUIDELINES AND APPLICATION

TABLE OF CONTENT

California For All Youth Background 3
Eligibility Requirements 3
Grant Award Amounts 4
Eligible Uses of Grant Funds 4
Ineligible Uses of Grant Funds 5
Fiscal Sponsorships 6
Collaborating Organizations 7
Metrix and Reporting 7
Application Submission Requirements 8
Application Submission Details 9
Payment Provisions 9
Review Criteria 9
Application Review and Selection Process 10
Application Deadline 10
Late Application or Modification to Applications 10 Schedule 11
Questions or Addendums to the Application 12
Proposal Format Guidelines 12
Process for Submitting Proposals 13
Grantee Requirements 15
City Staff Contact 15
General Terms and Conditions 16
Exhibits 19
328

INTRODUCTION

The City of Richmond is requesting proposals from qualified agencies to provide workforce development and training services to Richmond youth, ages 16 – 30. This request for proposal (RFP) describes the project, the required scope of services, the agency selection process, and the minimum information that must be included in the proposal. Failure to submit information in accordance with the RFP requirements and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of 18-months and an option to renew for six additional months by means of a mutual agreement of both parties.

Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.

PROJECT BACKGROUND / DESCRIPTION

On October 2022, the Richmond City Council Approved the California for All Youth Workforce Initiative which will invest $2.9 million dollars, over the next 18 months, to enhance and expand workforce development programs intended to assist youth job seekers in obtaining employment, education, training and support services necessary to succeed in today’s labor market and compete in the global economy.

The funding in this Request for Proposal (RFP) supports programs delivered through The California For All Youth Workforce Program; a Governor’s initiative administered by California Volunteers in partnership with cities across California. The purpose of the initiative is to strengthen the city’s capacity to address key areas of:
 climate,
 food insecurity, and
 local COVID-19 recovery.

ELIGIBILITY REQUIREMENTS

Organizations must meet the following condition to be eligible to apply for a grant:
 Are a nonprofit 501(c)(3) organization, registered with the Internal Revenue Service and in good standing with the State of California’s Registry of Charitable Trusts.  Are not debarred or suspended from participation in local, State or Federal programs.  Provide services to Richmond residents (Richmond-serving) o A minimum of 80% of the organizations proposed grant-funded program/services must be provide to Richmond residents. If awarded, grant funds can only be spend serving Richmond residents.
 Meet all minimum qualifications as described in Section I & II below.  Can comply with all local, state, or federal laws and regulations if funded.

329

GRANT AWARD AMOUNTS

Initial grant awards for the following will be funded through State funds are available through Item 0650 -163-8506 (California Volunteers - Coronavirus State and Local Fiscal Recovery Funds) of the 2021 Budget Act. These funds were made available to California Volunteers through an investment by the Governor and the Legislature. Coronavirus State and Local Fiscal Recovery Funds, though administered through the State of California and California Volunteers, are federal sti mulus funds associated with recovery from the COVID -19 pandemic. City of Richmond will grant funds directly to eligible CBOs on a reimbursable basis.

Grant allocation amount: The amount available for the grant cycle is $1,100,000.00.

Minimum and Maximum grant awar ds: The mi nimum grant award amount is $ 50,000. The maximum grant award amount is $200,000. The number of awards available will be determined based on the amount of each award.

Number of applications per grant cycle: Organizations may sub mit up to two applications per grant cycle.

ELIGIBLE USE OF GRANT FUNDS

The program has three primary goals:
 Increase youth employment
 Develop career pathways
 Strengthen local capacity to address key areas of food insecurity, climate, and COVID-19 recovery
City of Richmond will subgrant all parts of the funding to existing CBOs providing youth workforce development programming , ex cluding wages for youth participants. Subgrantees under supervision of the city of Richmond are responsible for selecting or creating training and job opportunities and recruiting, hiring, and managing participants.

Funding can be used to create new programming or expand exist ing youth workforce programs within the requirements of this grant. Programming can be run year -round or as an intermittent summer program. Regardless of program length, all participant positions must be 50% FTE - 100%.

All participants must be Richmond residents between 16-30 years of age. Priority should be given to youth who:

• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income
• Are unemployed and/or out of school
• Are or were justice-involved
• Are in or transitioning from foster care
• Are engaged with the mental health or substance abuse system

330

Priority applicants (meeting two of above criteria) should make up no fewer than 75% of selected participants.

Examples of eligible projects or programs may include, but not limited to, the following:
 Urban Forestry
 City Beautification
 Community Food Distribution/Food Banks
 Community Service Special Events
 Senior Services
 Public health/healthcare services
 Information Technology
 Urban and Community Farming
 Public Safety Initiatives
 Sustainable Energy

Indirect administrative costs incurred should not exceed 10% of total direct costs, pursuant to federal guidance. Up to 40% of total direct costs may be used for wraparound services for participants. This can include services such as:
 transportation stipends/awards,
 job readiness training,
 case management, or
 other services likely to help participants succeed in the program and/or gain employment after completion of program.

All participants will receive a wage of $20/hr. (not to exceed 500 hours) that will be paid by the City of Richmond Employment & Training Department.

INELIGIBLE USE OF GRANT FUNDS

Participants may not partake in activities that require high levels of safety precautions.

Participants may not partake in activities that require specialized training unless that training is provided by subgrantee. All expenditures and activities must comply with Coronavirus State and Local Fiscal Recovery Funds requirements, federal procurement requirements, and other state and/or federal laws and regulations.

In addition, grant funds may not be used for the following reasons:
 Repayment of existing debt or pre-existing tax liens or obligations  Legal, loan, or bank fees
 Subsidization of existing contracts
 Political campaigns or lobbying
 Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated 331

groups)
 Fundraisers or other events not open to the general public  A project or program which is clearly intended for commercial gain  A project or program that occurs before or after the grant award period  Support of individuals
 For businesses established for personal benefit or profit  To support annual fund drives
 To fund an agency’s deficit or endowment
 To repay loans
 Furniture
 Cell phones
 Bonuses
 For the direct support of religious activities. Secular activities offered to the Richmond community that is provided by religious organizations regardless of congregational membership or statements of belief may be eligible for grant funds.

FISCAL SPONSORSHIPS

What types of organizations should utilize a fiscal sponsor?  A non-governmental organization (sponsoree) that does not have 501(c)(3) tax status must utilize a fiscal sponsor to apply for this grant. It is the sole responsibility of the sponsoree to find an organization with 501(c)(3) tax status that is willing to serve as a fiscal sponsor.

What is fiscal sponsorship?
 Fiscal sponsorship allows organizations without 501(c)(3) tax status.  A fiscal sponsorship agreement should be entered into between the sponsoree and an organization that has 501(c)(3) tax status.
 The fiscal sponsorship agreement allows the sponsoree to raise tax-deductible contributions through grants and individual donations.
 Tax-deductible funds are given to the fiscal sponsor and restricted to the use of the sponsoree.

How does a fiscal sponsorship work for the California For All Youth grant process?:
 The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
 A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee.  Fiscal sponsors can also apply for grants.
 In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.

COLLABORATING ORGANIZATIONS
332

Through this grant program, the City strongly encourages applicants to collaborate with other organizations such as school districts, adult schools, community colleges, and training facilities. Collaboration is a mutually beneficial relationship to meet a common goal.

Collaboration can come in many forms, from information sharing to joint programming. It can help organizations reduce redundancy in service sectors, leverage resources, share strengths, and increase efficiencies.

METRICS AND REPORTING

Subgrantees will be required to report the following metrics monthly:
 Number of youth participating in program.
 Number of youth employed in each focus area.
 Number of youth enrolled in job training/readiness programs.  Number of youth completing job training/readiness programs.  Number of youth participating in summer program (if applicable).  Average wage and hours worked of participants across program.  Information/data/member stories will be requested for annual report.

Additionally, subgrantees will be required to report monthly:
 Number of youth employed in program who were previously unemployed.  Number of youth who complete full program (1 year or summer program).  Percentage of youth employed in program who remain in college or stable employment.

Percentage of youth employed after completion of program.  Percentage of youth who report job satisfaction after one year of employment, as reported by a survey.
 Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey.
 Percentage of youth employed in public service after one year of employment • Job training evaluations.

333

APPLICATION SUBMISSION REQUIREMENTS
The following materials must be submitted as part of a complete application packet by 5:00 p.m. on Friday, December 30, 2022, to be considered for funding (feel free to use this section as a checklist). The inability to adhere to the requirements below may impact an organization’s overall scores:
 Completed application
 Five (5) pages
 Applicant Organizational Budget
 Applicant Program Budget
 Proof of 501(c)(3) status (Non-Profit Status Determination letter from the Internal Revenue Service) or fiscal sponsor’s corresponding documents  Financial statements – most recent (current) audited financials or Internal Revenue Service Form 990 or 990-N for tax-exempt organizations whose gross receipts are typically $50,000 or less or fiscal sponsor’s corresponding documents. Faith-based organizations may submit reviewed or annual financial statements.  List of Board of Directors and affiliations or fiscal sponsor’s corresponding documents 
 Signed agreement between the organization and the fiscal sponsor, if applicable  “Active” status with the California secretary of State (https://businesssearch.sos.ca.gov/)
NOTE: Application submitted by organizations not identified with “active” status will be disqualified.

For organization with 501(c)(3) tax status, City staff may check websites such as Internal Revenue Service at www.irs.gov and GuideStar at www.guidestar.org to gather information about the applicant organization.

APPLICATION SUBMISSION DETAILS
 Submit completed grant application (include budgets and résumés and/or descriptions of work experience with the application) and a set of all additional required documents.
 The responses to the application questions shall be limited to eight (5) pages. This page limit is not inclusive of budgets, résumés, descriptions of work experience, or documents requested as part of the application.
 All submitted materials should be typed in a 12-point font size and Times New Roman font style. Applications must be easily reproducible on a standard copying machine.
 All costs incurred in the preparation of an application are the applicant’s responsibility.
334

 Applications must be completed and submitted electronically by Friday, December 30, 2022, at 5:00 p.m. Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Panel.

PAYMENT PROVISIONS
This is a reimbursable grant. An initial advance payment of twenty-five percent (25%) of the total award amount will be advanced to all grantees as part of the application award process.

The remaining funds will be released upon the submission of complete and adequate reporting and invoicing documentation. The final ten percent (10%) will be reserved until the completion of the grant program and final submittal of all required documentation. Payments will only be made for the eligible items and amounts specified in the approved grant agreement budget and a manner consistent with the payment provisions contained in the executed grant agreement.

REVIEW CRITERIA
All submitted application, which comply with the grant requirements, will be evaluated, and rated using the criteria listed below. The maximum score than an application receive is 100 points from criteria areas #1 – 4 and an extra 10 points program deliver included (10 points) Total Points Available for Criteria Area #1-5: 100 Points

20 Agency History & Capacity - The extent to which the respondent demonstrates a history of successfully implementing youth and workforce development programs and achieving outcomes. Evidence should include previous experience with diverse communities and youth, program integration, case management, and successful data tracking and performance outcomes.
45 Program Design - The extent to which the proposed plan and services are clear and specific, including recruitment, frequency of programming, average number of clients to be served over the course of the grant, location of services, and extend of proposed services to be delivered.
20 Staffing Experience & Qualification – The extent that staffing is sufficient for the level of services proposed, and staff are qualified and reflective of the communities to be served.
15 Budget Request & Justification – The extent that the budget is clear and reasonable in cost to support the proposed level of services and provides adequate justification of proposed costs.

EXTRA POINTS
10 Collaboration – To the extent that program services include collaborations with local training institutions that offer Occupational-skills or Industry-recognized certifications.

335

APPLICATION REVIEW AND SELECTION PROCESS
The City's overall objective is to award grants to highly qualified organizations that provide needed services to Richmond youth. Within this overall objective, it is also the City’s intent that the selection process is fair and transparent. Applications will be evaluated and scored by Review Panel (Review Panel) consisting of no more than four (4) individuals residing in or employed in Richmond (not City of Richmond employees).

The selection process is divided into the following steps:

1. Applications are received by the due date.

2. All applications are reviewed in depth by City staff for responsiveness, completeness, and satisfaction of eligibility requirements. Based on this review, eligible claims will proceed to the application evaluation process.

3. All complete and eligible applications are forwarded to the Review Panel, which will review and score the applications using the criteria listed in the guidelines and make an award recommendation to City Council. The inability to adhere to the application requirements may impact an organization’s overall scores. Grant awards can be less than the applicant’s original request.

4. The Review Panel’s recommendations are forwarded to the City Council for review, discussion, and approval.

Any party applying shall not contact or lobby any City Council member Review Panel member, City official, employee (except those specified for contact) or agent regarding the RFP. Any party attempting to influence or circumvent the RFP, application submittal, and/or review process may have their application rejected for violating this provision of the RFP.

All scores are final. There is no grievance process. Copies of Review Panel comments and scoring will be made available upon request.

APPLICATION DEADLINE
The deadline to submit an application and all relevant attachments is Friday, December 30, 2022, at 5:00 p.m. There are no exceptions for applications submitted after the deadline.

LATE APPLICATIONS OR MODIFICATIONS TO APPLICATIONS
Applications submitted after the specified date and time will not be considered.

Organizations assume responsibility for the timely submission of applications and all required documents. Any applications may be withdrawn or modified by a written request signed by the applicant.

336

SCHEDULE
The schedule associated with the application is below. The City reserves the right to alter this schedule as necessary.

Date Activity

December 5, 2022 Release RFP
December 16, 2022 Final Day to Submit Questions (5:00 PM) December 20, 2022 Responses to Questions posted on BidsOnline December 30, 2022 RFP Due Date
January 2033 Final Selection and Contract Negotiations
January 2023 – February 2023 City Approval Processes
March 1, 2023 Effective Date of Contract

QUESTIONS OR ADDENDUMS TO THE APPLICATIONS

It is strongly recommended that organizations register on the City’s E-Notify Me webpage (http://www.ci.richmond.ca.us/list.aspx) to ensure that they receive any addendums to or notifications regarding this RFP or the CFAY grant program. Any requests for clarification or other questions concerning this RFP should be submitted in writing to City staff via [email protected].

337

PROPOSAL FORMAT GUIDELINES

The proposal should be concise, well organized, and demonstrate the organization’s qualifications and experience appl icable to the Project. The proposal shall be limited to 3-pages double-sided pages (8.5 inches x 11 inches), inclusive of graphics, for ms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or lett ers of commitment from sub -consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:

A. Agency History and Capacity

 Describe your agency’s mission and the programs and services you offer.  Describe your agency’s experience providing youth and workforce development programs including outcomes.

B. Program Design

 Describe the program and proposed services. Provide information on the program design, types of services, and how services will be delivered.  Describe how the program aligns with one or more of the key funding areas of this grant. If program is not one of the key funding areas, identify the need for the program that will lead to identified grant outcomes.
 Describe what successful completion of the program and services look like for the participants. How will you know your program has met its intended goals.  Provide information on the program partners. What are their roles and what will they provide?
 Portion of the funds for this grant should be used to provide workforce training and subsidized work-experience opportunities for youth participant. Describe your recruitment and placement strategy for placing youth in employment opportunities in the community.
 For Applicants with Fiscal Sponsors only: Describe the relationship between the proposed program and the fiscal sponsor agency, and the role of both in the success of the proposed program.

NOTE: Youth participants may not complete work experience opportunities within a for- profit business.

C. Staffing Experience and Qualification

338

 Describe the key program staff that are responsible for delivering the direct services. Describe key duties and roles and time devoted to the proposed program. Include information on staff experience, community connections, and cultural competencies.
 Describe the key knowledge skills, and ability possessed by your staff or needed in the roles for your program to be successful, and how will your agency support staff to acquire and develop their knowledge, skills, and ability.

D. Budget Request & Justification
 For all budgeted items, provide a brief narrative explanation and justification of planned expenditures
 Explain how funds requested are reasonable to support the proposed number of youth to be served, hours of service to be provided and overall program design.  Provide detail regarding each line item, including those listed as “Other.” For these items, provide a brief narrative explanation and justification of planned expenditures.

E. Collaboration
 Describe potential collaborative opportunities

PROCESS FOR SUBMITTING PROPOSALS

Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the organization.

Organization is responsible for submitting its entire proposal package with all required submittal documents and any modifications or revisions, to reach the City of Richmond’s office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will not be considered.

Pre-Award Negotiations

After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:

 Resolving minor differences and information
 Clarifying necessary details and responsibilities
 Emphasizing important issues and points
 Receiving assurances from respondents
 Cost/budget clarifications

If the City cannot successfully nego tiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent.

339

Selection may be made without further discussion, negotiations or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

Award - When the Review Panel has completed its work, City staff will then recommend a Financial Advisor firm to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1). 340

GRANTEE REQUIREMENTS

If awarded a grant, organizations will be required to do the following:
 A Grant Service Agreement with specific deliverables will be executed. All organizations are expected to initiate projects within two (2) months of execution of the grant agreement. The scope of work will be based on the application submitted.  Submit bi-annual progress reports and reimbursement requests (templates will be included as part of the executed grant agreement):
o Progress and Final Report - Reports will be required and must provide detailed information about the services provided. Grantees that do not submit the required reports run the risk of forfeiting their funding. A final report at the conclusion of the project or program is also required.
o Funding Requests – Requests must include the necessary documents to substantiate the disbursement (e.g., receipts, timecards, payroll records, etc.).

Grantees that do not adhere to the invoicing requirements run the risk of forfeiting their funding
 Host City staff for one or more site visit and/or program evaluation.  Published program materials shall include the City and California For All Youth Grant seal or logos and shall state, “Made possible in part by the City of Richmond and the California For All Youth Grant.” The material must be appropriate, relevant, and aligned with the approved project and should be reviewed and approved by City staff before release.
 Complete and submit a W-9 form and Supplemental Vendor Application.  Obtain a City of Richmond business license. Organizations are responsible for all associated fees. Information can be found at http://www.ci.richmond.ca.us/66/Business  Meet the City of Richmond insurance requirements. Fiscal sponsors, serving as the grantee, must have insurance that covers all actions of the non-profit and/or community- based organization acting as the sub-grantee

CITY STAFF CONTACT

For inquiries or clarification regarding this program or application, please contact Employment & Training staff at [email protected] or Itza Gonzalez at (510) 307-8023.

341

GENERAL CITY REQUIREMENTS

Background Checks
Organizations that provide services to youth or other vulnerable populations (elderly, people with disabilities, etc.) must require comprehensive background checks and fingerprinting of all employees and/or volunteers that work directly with youth or such other vulnerable populations.

General Information
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work.

The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failure to award a contract to the organization with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract.

The City may investigate the qualifications of any organization under consideration, require confirmation of information furnished by the organization, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals, or to make no award without providing the reason(s) underlying the declination.

2. Issue subsequent Requests for Proposals.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

10. Request additional information, including, but not limited to, follow‐ up interviews.

Public Records
All proposals submitted in response to this RFP become the property of the City of Richmond and public records and, as such, may be subject to public review. Documents protected by law from public disclosure will not be disclosed by the City of Richmond if clearly marked with the word "confidential" on each applicable page. Trade secrets may be marked as confidential only to the extent they meet the requirements of California Government Code section 6254.7. Only information claimed to be a trade secret at the time of submittal to the City of Richmond and marked as "confidential" will be treated as a trade secret.

Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If organizations intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the organization will employ to ensure that any subcontractor complies with the provisions of organization’s contract with the City. 342

Previous Contracts with the City of Richmond
The organization shall submit a list which indicates all prime contracts and/or amendments awarded to the organization by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and contract value.

Exceptions to this Request for Proposals
The organization shall state whether or not it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Services Agreement – RFP (Attachment 1). If the organization does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by providing new requested contract language. Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection.

Exceptions will be considered during the proposal evaluation process.

Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the organization’s team. This proposal shall include a statement declaring that the organization and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, organizations are required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the organization to carry out the Project.

Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 2. The required insurance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

Business Licenses
Organization, at its sole expense, and all subcontractors shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City of Richmond Business License, which will be required in connection with the performance of services hereunder.

Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
343

Collusion
By submitting a proposal, each organization represents and warrants that its proposal is genuine and not false or collusive or made in the interest of, or on behalf of any person not named therein; that the organization has not directly or indirectly induced or solicited any other person to submit a false proposal, or any other person to refrain from submitting a proposal; and that the organization has not, in any manner, sought collusion to secure any improper advantage over any other person submitting a proposal.

Withdrawal of Proposals
An organization may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the City Manager’s Office a written request for withdrawal signed by, or on behalf of, the organization.

Ownership of Documents
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive property of the City.

No such materials or properties produced in whole or in part for the Project shall be subject to private use, copyrights or patent rights by organization in the United States or in any other country without the express written consent of the City. The City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced for this Project.

Sanctuary City Contracting Ordinance
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”) (Attachment 4). Bidders/Organizations must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal (Attachment 3).

Limited Liability Companies Disclosure Statement (LLCS) Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC) (Attachment 5). Bidders/Organizations must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Proposal (Attachment 6).

Rejections
All proposals will be reviewed to determine conformance with the RFP requirements. Failure to meet the requirements may be cause for rejection of the proposal. Any proposal which is incomplete, conditional or contains irregularities may also be rejected.

The City of Richmond reserves the right to:

A. Select any proposal as a basis for written or oral communication with any or all of the companies or individuals when such action is considered to be in the best interest of the City of Richmond.

B. Exercise discretion and apply its judgment with respect to selection of any proposals submitted.

C. Reject all proposals.
344

ATTACHMENTS

ATTACHMENT 1: Standard Contract
ATTACHMENT 2: Insurance Requirements
ATTACHMENT 3: Sanctuary City Compliance Statement
ATTACHMENT 4: Sanctuary City Contracting Ordinance
ATTACHMENT 5: Resolution No. 86-21
ATTACHMENT 6: Disclosure Statement of Limited Liability Companies Form

345
CALIFORNIA FOR ALL YOUTH SCORING RUBRIC – RICHMOND POLICE ACTIVITIES LEAGUE

Agency
History &
Capacity
Program
Design
Staffing &
Qualifications
Budget
Request &
Justification

Collaboration Total
Rater 1 20 40 20 15 10 105
Rater 2 20 39 16 14 9 98
346

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.

347

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
348
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:

Employment & Training Dept.
349
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. 350
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:

351

EXHIBIT D

GENERAL CONDITIONS

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

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

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

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

352
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

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

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

353

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

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

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

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

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

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

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

354

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

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

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

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

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

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

355
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

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

356

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

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

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

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

357
shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.

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

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

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

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

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

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

358
discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

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

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

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

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

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

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

359
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

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

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

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

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

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

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

360
acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

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

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

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

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

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

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

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

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

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

361
by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

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

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

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

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

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

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

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

362
therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

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

39. Performance and Final Acceptance.

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

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

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

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

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

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

363
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):

364
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.

365

City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

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

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

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

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

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

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

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

General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
366

City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability Coverage.

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

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

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

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

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

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

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

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

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

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

367

City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

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

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

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

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

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

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

368
369
370
Richmond Police Activities League
13March23Richmond
Richmond Police Activities League
3/13/2023
371

April 4, 2023

Library and Community Services

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

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

Sole-Source Agreement with Columbia Technology
Corporation (CTC)
FINANCIAL IMPACT: The cost of high-speed Internet service is included in the approved FY 2022-2023 library budget in an amount not
to exceed $10,000 and will be included annually through June 30, 2025 (10545055 400401 29A14). After a rebate,
the total cost will not exceed $1,000 annually.

PREVIOUS COUNCIL
ACTION:

April 16, 2021

STATEMENT OF THE
ISSUE:

The Library is seeking approval of an agreement
between the Richmond Public Library and Columbia
Technology Corporation as the aggregator for CENIC
Broadband.

RECOMMENDED ACTION:

APPROVE a sole-source agreement between Columbia
Technology Corporation (CTC) and the Richmond Public
Library in an amount not to exceed $10,000 annually, for the period of March 2022 to June 30, 2025, for an
aggregate amount not exceed $30,000, to provide high-
speed internet access for the Richmond Public Library – Community Services, Library Division (LaShonda
White/Christopher Larsen 510-620-5524).

AGENDA
REPORT
372

April 4, 2023
DISCUSSION:

The Richmond Public Library maintains a one gigabyte high-speed internet connection for use by Library patrons through participation in a California State Library consortium (consortium) which connects libraries to the fiber-optic-based California Research and Education Network (CalREN). CalREN is operated and maintained by the Corporation for Education Network Initiatives in California (CENIC) and is a multi-tiered, advanced network-services fabric serving over 20 million users across California, including the vast majority of K-20 students together with educators, researchers, and individuals at other vital public-serving institutions, like libraries. More information about CENIC can be found at https://cenic.org/about.

When first contracted in 2015, and when the contract for service was renewed in 2020, the Califa Group was the designated aggregator, managing billing and E-rate participation and reimbursement (Attachment 1). In 2021, the California State Library appointed Columbia Telecommunications Corporation d/b/a CTC Technology and Energy (CTC) to assume the rights and responsibilities of aggregator. The Richmond Public Library, in order to continue participation in the consortium, is seeking approval for an agreement which will designate CTC as the new aggregator for the remainder of the term of the original contract with Califa, expiring June 30, 2025 (Attachment 2). CTC is in good standing with the California Secretary of State and is certified to conduct business in California (Attachment 3).

The consortium also facilitates participation in the Federal Communications Commission E-Rate program and California Teleconnect Fund to reimburse a significant portion of the cost of connection. While the present annual cost of the CENIC connection is $8,780.04 plus taxes, surcharges, and fees, not to exceed $10,000, the E- rated annual cost is $878.04 (Attachment 4). The City will submit payment for the full amount and subsequently receive reimbursement through the E-Rate program. City staff encourages the City Council to approve the sole-source contract with CTC to allow for continued service to Richmond Library patrons (Attachment 5).

DOCUMENTS ATTACHED:

Attachment 1 – Original 2020 Califa Contract
Attachment 2 – CTC Contract
Attachment 3 – Certificate of Status
Attachment 3 – CENIC quote
Attachment 4 – CTC Sole Source

373
374
375
376
377
378
379
380

Master Agreement Page 1 of 7

AGREEMENT BETWEEN CITY OF RICHMOND, RICHMOND PUBLIC

LIBRARY AND COLUMBIA TELECOMMUNICATIONS CORPORATION

FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF

ADVANCED NETWORK (DATA) SERVICES

This Agreement, hereinafter referred to as “Agreement”, is entered into as of 03/01/2022 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and City of Richmond, Richmond Public Library, hereinafter referred to as “Library”. CTC and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

Richmond Public Library
LaShonda White
Interim Director of Community
Services
City of Richmond
Richmond Public Library
325 Civic Center Plaza
Richmond, CA 94804
[email protected]
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]

WITNESS THAT

WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and

WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and

WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.

NOW THEREFORE, Library and CTC enter into this Agreement:

1. Purpose

It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.

2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to 381

Master Agreement Page 2 of 7
Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.

CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.

Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.

Library is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.

Library is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.

Library is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.

If Library is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.

3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from 03/01/2022 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination 382

Master Agreement Page 3 of 7
charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to Library, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.

4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from Library. If Library fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.

Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.

5. Miscellaneous

(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library 383

Master Agreement Page 4 of 7
fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from CTC or CENIC. (b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.

6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.

7. General Provisions

7.1 Nondiscrimination: During the performance of this Agreement,

(a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex.

(b) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.

7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.

7.4 Prior Agreements: Library agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.
384

Master Agreement Page 5 of 7

8. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers, agents and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Library, its officers, agents, or employees. CTC agrees to indemnify , defend, and save harmless Library, its trustees, officers, agents and employees from any and all liabilities accruing or resulting to Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CTC in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

For Library For Columbia Telecommunications Corporation

Signature Signature

Joanne S. Hovis
Name Name

President
Title Title

Date Date

385

Master Agreement Page 6 of 7

Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:

Reimbursement of Circuit Costs

This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for connecting CENIC’s fiber optic backbone to Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and CTC will bill Library, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s E- rate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from the network service provider.

386
387
Quote For Richmond
Customer: Richmond Public Library
Budget Summary Description:1 Gbps to CENIC Hubsite
Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring
Cost
1 Equipment $0.00 $0.00 $0.00
2 Maintenance $0.00 $0.00 $0.00
3 Installation $0.00 $0.00 $0.00
4 Circuit $0.00 $731.70-
Total $0.00 $731.70 $0.00
Annual Cost $8,780.40
E-rated Annual Cost† $878.04
Total for Year 1 $8,780.40
E-rated Total for Year 1† $878.04
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
*If an Out of Band line is required, customer must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. *NRC items are one-time costs billed upon execution of contract. *MRC items are billed quarterly.
†E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point †E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. †E-rate Costs may take up to 18 months to activate due to USAC processing time Version: 1.0
388
Richmond Carrier Costs
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.

E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point LOC A** Carrier Info E-rate Discount80.00% Total Discounted MRCTotal Discounted NRC Site Name Site Name Service ProviderRequested BandwidthEst Contract End Date Non Recurring Cost MRC for 5 year term Discounted NRCDiscounted MRC$73.17 $0.00 Richmond Public Library CENIC Hubsite AT&T 1 Gbps 7/1/2025 $0.00 $731.70 $0.00 $73.17 389
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this conlpleted/approved forni to requisitions xvhen co:npetitive quotes/bids/proposals are not solicited. (Required for requisitions > S3.000)
Requested Sole Source Supplier:

CTC Technology and EnergyCompany Name:
10613 Concord St.Address:

Citv: Kensington State: MD
Contact Name: Heather D. Mills
Zip Code: 20895
Phone Number (Z) 933-1488 E-Mail
I)uration of Contract:
2022-2023. 2023-2024. 2024-2025 . with 2. one year options Estimated Cost: S 5,000.00 01241055 400401Funding Source (Account String) Is the product/service IT related? Yes X No if Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of thc product? Yes X For Product: I)ocs thc manufacturer sell thc itenl(.s) through distributors? Yes Description of Product or Service:

No
No X
Describe Ihe full scope qfu•ork or service contenlplcued including ins'(ll/arion il required: i/c'lns s/lou/d include hrund.
,'nodel and part' nunther if applicable: (ifadditionalspace is needed, include then in a separate page)
The California State Library's budget allocates funds to provide public libraries access to high-speed Internet. The California State Library created the California Public Library Broadband Project and designated the non-profit Corporation for Education Network Initiatives in California (CENIC) to provide the network services. CENIC contracts with "last-mile" providers and with Columbia Telecommunication Corporation (CTC) as the aggregator. CTC contracts with libraries as the entity holding the contracts for broadband service.

Sole Source Rationale: PI.I:.A.SE AN.SWER Al.l.
•
FOLLOWING QUESTIONS: Explain the
reconuncnded company is the only conllYd11} that can Ineet the require:nent. Address the Are there any other eotnpanies who can do Ihisjob? What condition (e.g. technological superiority or perfornvance risks. etc.) exists so that lhe reconunended colnpany has a significant achantaue ox er any other conlpan_v M, ho can do this job? It is ilnportant to sufTu-•ientIy address the key reason for zmarding an order contract u•ithout solicitine cotupetilive bids. •rhe rational must be clear and convincing. avoiding generalities and unsupported conclusions.

The Richmond Public Library is a participant in the statewide public library E-Rate consortium through the State Library's membership in CENIC. The new agreement will allow the library to continue to take advantage of the special E-rate pricing, for CENIC's broadband provider of choice. The library will be able to continue to provide better support for individual and group online learning; introduce new services and programs; better support economic development in the community; receive fewer complaints about Internet speed; community members can continue to use their mobile devices effectively in the library; and library staff can work more efficiently and have access
to improved training and professional development opportunities. If the library changes broadband providers, we will not be able to take advantage of the discounted E-rate offered by CENIC. CTC is the only aggregator for CENIC Broadband offered through the California State Library.

Page I I
(if additional space
is needed. include them in a separate page)
Sole Source Form
-
Rev. May 12, 2016
390
Complete the following checklist
A specific contractor is the only source or the required itetn because (check all that apply):

The required itelns are proprietary to the Contractor. and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor). g, 'I'he required itetns are proprietary to the C.ontractor. and contractor does not sell direct to the customer. Contractor solely distributes the iteln or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If itelll or service is available Croni tnore than one source. the itell) or senice tnav be treated as proprietarx. but tnust be coinpetitivelv solicited frotn Inultiple (t'ao or Inore) sources.

A specifie itelll is needed:
•robe compatible or interchangeable ith existing hard\sare As spare or replaeelnent hardware For the repair or Inodilieation of existing hardware Federal or state grant natnes vendor as condition 01' funding. (Attach copy or grant that natnes vendor)
[here is a substantial risk in contracting any other contractor. (e.g.. only one contractor has been successful to date in impletnenting a difficult jnanufacturinu process or the services sought). In a brief e.vplanation, provide supporting evidence of other contractors are considered to he unable to m•ercome the substantial risk.

Continuation of prior Work
—
Additional itetn. service or xxork required. but not known to have been needed when the original order was placed with vendor. and it is not fieasible or practicable to contract separately för the additional need. Provide brief explanation and supporting evidence. (if additional space
is needed. include them in a separate page)
21 391
I acknoxsledge the City-s requirejnents rorsoliciting cojnpetitixe quotes/bids purchases over S3.000.00 and the criteria 1k)!' justification for Sole Source purchases. I have gathered the required in lörn)ation. have Inade a concerted effort 10 rei, iew convarable/equal equimnent/services (e.g.. nutrket research). and lilrther al'firln that there is no conflict of interest involxed in the selection made.

Library and Community Services
Requester and Title: Wytendia Eastman. Administrative Librarian Note: Requester ntust he to defend this justification.

Phone: 510-620-6963Date: 11/30/2022
Departinent Director (Print) LaShcnda White (Sign) Date:

Submit completed form to the Purchasing I)ivision (Prior to submission to City Manager) Finance I)ircctor:

APPROVED:

NO]' APPROVED:

City Manager
(Under SIO.OOO.OO)
DNIE:

COMMENTS:

City Clerk Attesting to Council Approval
(Over S (Copy of Minutes Inay be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/serviee are exceptions 10 the nortnal bidding process and require a detailed justification. In processing Sole Source requests for supplies. services and or equimnent. the Purchasing Di\ision adheres to and is uoverned by the principles set forth in City of Richtnond Municipal Code Section 2.52.326 Sole Source Procurelnent.

It-you are requesting a particular vendor. brand or product. you Inust Ill,nke this fact clear on your Sole Source forni.

Your request v,
ill then be restrictive and non-cotnpetitive. and ill fall into a sole source category. If the sole source justification is approved. the requisition can be expedited ithout the norlnal bidding requirelnents.

Such a request should not be Inade unless you are confident that your request is reasonable and appropriately justified to tneet the Citgs requiretnents and withstand any possible audit. '[he City's requireinents and the fortnal rorsubinitting such requests are contained herein. Sole Source forin Inust be signed by authorized deparunent representatixe(s). The certilication will remain on file roraudit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. •I'hc_vwill not be considered and only tend to eonlitse the evaluation process.

I. Personal preference for product or vendor.

2. Cost. vendor performance. and local service (these are generally considered award factors in eotnpetitive bidding).
31 392
Patrick McKenzie
From:

Sent:

To:
cc:

Subject:

Attachments:

Wylendia Eastman
Monday, December 26, 2022 12:41 PM
Ofelia Alvarez
Patrick McKenzie
Re: Sole Source
image001.png; image002.png; image003.png; image004.png; image005.png; CTC Technology and Energy Sole Source.pdf; CA State Library CTC Announcement.pdf; Certificate of Status 20211011.pdf
Yes I did. I'll look through my emails since I'm off and send it to you. Thanks Wylendia R Eastman
Administrative Librarian
Richmond Public Llbrary
325 Civic Center Plaza
Richmond, CA 94804
Office: 510-620-6963
Bus. Cell: 510-385-5694
On Dec 22, 2022, at 10:40 AM, Ofelia Alvarez <[email protected]> wrote:

Hi Wylendai:

Did you get approval from IT to use this vendor? If so, please provide IT Authorization form.

Thanks
Ofelia Alvarez, CPPB
Senior Buyer, Purchasing Division
City of Richmond
Phone: 510-620-6699
Ofelia [email protected]
Note to Vendors: You can now register to receive bid announcements on-line, at www.ci.richmond.ca.us/bids.

From: Wylendia Eastman
Sent: Wednesday, December 21, 2022 3:46 PM
To: Ofelia Alvarez <[email protected]>
Subject: Sole Source
Can you please have the finance director sign this sole source?Thanks Please consider the environment before printing this e-mail. 1 393
I she/her/hersWYLENDIA R. EASTMAN

ADMINISTRATIVE LIBRARIAN
Richmond Public Library
325 Civic Center Plaza
Richmond, CA 94804
o: (510) 620-6963
c: (510) 385-5694
E:

Ulendia [email protected]
www.richmondlibrarv.org
2 394
Memorandum
To:

CC:

From:

Date:

Re:

Antonio Banuelos
Mubeen Qadar
Patrick McKenzie
1/5/2023
Sole Source Justification from Wylendia Eastman for: CTC Technology & Energy
I support the SSJ.

Columbia Telecommunications Corporation (CTC Technology & Energy) is the sole source provider for the California State Library (the State Library) California Library Connect Broadband Project and associated grants. Additionally, on behalf of the State Library, CTC Technology & Energy contracts with CENIC for access and connectivity to the CalREN high speed network ($2M annually) for California public libraries and libraries are required to contract with CTC Technology & Energy to access the network.

Thanks!
1 395

April 4, 2023

Library and Community Services

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Sam Vaughn, Deputy Director of Community Services,
Office of Neighborhood Safety
Subject:

Grant Award from the Chevron Community Engagement
Foundation
FINANCIAL IMPACT: The receipt of this grant will provide $35,000 to the Office of Neighborhood Safety (ONS) to provide subsidized
employment opportunities for the ONS Operation
Peacemaker Fellowship.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Office of Neighborhood Safety staff is requesting
Acceptance and Appropriation of the grant award from
the Chevron Community Engagement Foundation in the
amount of $35,000 to provide subsidized employment
support for the Office of Neighborhood Safety (ONS)
Operation Peacemaker Fellowship supported by ONS
street outreach efforts.

RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE a
$35,000 grant award from the Chevron Community
Engagement Foundation for the Office of Neighborhood
Safety (ONS) Operation Peacemaker Fellowship
program for the calendar year 2023 - Community
Services Department (Sam Vaughn 510-620-5404).

AGENDA
REPORT
396

April 4, 2023
DISCUSSION:

The City of Richmond Office of Neighborhood Safety (ONS) has been awarded a grant from the Chevron Community Engagement Foundation in the amount of $35,000 for the calendar year of 2023. The intent of the grant is to provide employment support for the ONS Operation Peacemaker Fellowship program. The funds will be used to provide subsidized employment opportunities for Richmond youth most likely to be affected and/or confronted by gun violence. These resources will provide 1,750 hours of work experience at a rate $20 per hour to approximately five to eight program participants.

DOCUMENTS ATTACHED:

Attachment 1 – Grant Award Letter
Attachment 2 – Resolution
397
398

RESOLUTION NO.

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, ACCEPTING AND APPROPRIATING THE GRANT AWARD

PROVIDED BY THE CHEVRON COMMUNITY ENGAGEMENT FOUNDATION IN THE AMOUNT OF $35,000.

WHEREAS, the City of Richmond’s Office of Neighborhood Safety (ONS) desires to receive grant funds provided by the Chevron Community Engagement Foundation.

WHEREAS, the City of Richmond's Office of Neighborhood Safety (ONS) will provide subsidized employment to support our violence intervention, prevention, and suppression activities services through the Chevron Community Engagement Foundation grant in an effort to reduce violence through evidence-based programs and activities.

NOW, THEREFORE , BE IT RESOLVED, that the City Council hereby accepts and appropriates the grant award from the Chevron Community Engagement Foundation in the amount of $ 35,000 to provide subsidized employment to support the Office of Neighborhood Safety (ONS) Operation Peacemaker Fellowship supported by ONS street outreach efforts.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED that the City of Richmond's Office of Neighborhood Safety (ONS) agrees to all terms required by the Chevron Community Engagement Foundation to fulfill the obligations of this grant award.
399

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND

(SEAL)
Approved:

____________________
Mayor

Approved as to form:

_______________________
City Attorney

State of California }
County of Contra Costa
City of Richmond }
I certify that the foregoing is a true copy of Resolution No._____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held _____________,
2023.
400

April 4, 2023

Department

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Eduardo Martinez
Subject:
(This will appear on the agenda)
Appointment to the Rent Board
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A

STATEMENT OF THE
ISSUE:

Jim Hite is applying for an open position on the Rent
Board
RECOMMENDED ACTION:
(This will appear on the agenda)
APPOINT Jim Hite to the Rent Board, to fill an open
position, Term Expires March 21, 2025 - Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION: Jim is a long-time resident of Richmond and a renter. Jim has an interest in public policy and community engagement.

AGENDA
REPORT
401

April 4, 2023

DOCUMENTS ATTACHED: JIM HITE’S APPLICATION
402
403
404

(insert date of meeting)

Department

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Eduardo Martinez
Subject:
(This will appear on the agenda)
Appointment to Rent Board
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
N/A

STATEMENT OF THE
ISSUE:

Elaine Dockens is applying for an open position on the
Rent Board
RECOMMENDED ACTION:
(This will appear on the agenda)
APPOINT Elaine Dockens to the Rent Board, to fill an
open position, Term Expires March 21, 2025 - Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION: Elaine has been very active in the community and has served on a commission in the past. She is a renter who would bring an array of positive assets to the Rent Board.

AGENDA
REPORT
405

(insert date of meeting)

DOCUMENTS ATTACHED:

Elaine Dockens’ application
406
407
408
409

April 4, 2023

Police Department

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

First Amendment to the Contract with Advance Crime
Scene Restoration
FINANCIAL IMPACT: The proposed $1,425 monthly expenditure is included within the approved fiscal year 2022-2023 budget and will be budgeted for appropriately over the term of the
contract – account string 01191021-400538.

PREVIOUS COUNCIL
ACTION:

September 20, 2022

STATEMENT OF THE
ISSUE:

The Richmond Police Department (RPD) encourages its
officers to maintain a high level of physical fitness in order to meet the many unexpected demands of the job
and to best serve the community we protect. Police work can be physically demanding, and officer fitness is critical to the effectiveness of any law enforcement agency.

Monthly deep cleaning of the departmental gym is
required to ensure officer safety.

RECOMMENDED ACTION:

APPROVE a first amendment to the contract with
Advance Crime Scene Restoration (ACSR) to include
deep cleaning services for the Department’s gym and
increase the contract amount to $41,325, for a new total contract amount of $158,325 – Police Department (Chief
Bisa French 510-621-1802).

AGENDA
REPORT
410

April 4, 2023
DISCUSSION:

The Richmond Police Department encourages its officers to maintain a high level of physical fitness in order to meet the many unexpected demands of the job and to best serve the community we protect. Police work can be physically demanding, and Officer fitness is critical to the effectiveness of any law enforcement agency. Monthly deep cleaning of the departmental gym is required to keep the gym in a workable, sanitary environment, to encourage the use of its facilities as a way to ensure physical fitness and boost mental health.

Gym use has been encouraged by executive leaders and peer groups based on several studies showing that a positive boost in mental health (not to mention physical strength) can be achieved by engaging in physical activity every day for at least thirty minutes.

Advance Crime Scene Restoration currently services the cleaning of police vehicles, police crime scenes, and police jail cells. In September 2022, following a competitive process, Advance Crime Scene Restoration was awarded a contract for biohazardous material cleaning throughout the City of Richmond on an as-needed basis.

A contract amendment will add deep cleaning services to include commercial/hospital- grade disinfection (to kill 99.9% of bacteria and viruses) on the departmental gym equipment, floors, walls, and doors, which will reduce exposure to risks in a shared confined space. The deep clean combined with the pro-active wiping down of equipment after each use will help maintain a stronger, healthier, police force.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment to the Contract
Attachment 2 – Original Contract
411

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.

412
Contract Amendment/EJ/TE 09-26-07

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached here
to, 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. Amend ment 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.
413
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. 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 Amendment 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.”

2. 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

414
Contract Amendment between the City of Richmond and
Amendme
nt 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):

Increa sed 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):

Increa sed 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):

Increa sed 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):

Increa sed 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):

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

Term Amendment (insert new termination date):________________________

Service Plan
415
Richmond Police Dept. -Gym Cleaning 2023
1[ Gym Cleaning -
Disinfecting all equipment, vacuuming, & mopping the floor.

Removing all trash.
$175.00 per Hour
There will be a $25.00 Service Fee on all our Services.

We are an OSHA compliant company
Advance Crime Scene Restoration
Office: 510 243-1305
Fax: 510 417-2134
Email: [email protected]
Attachment A-1
416
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 417
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 418
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 419
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 420
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 421
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 422
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 423
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 424
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 425
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 426
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 427
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 428
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 429
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 430
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 431
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 432
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 433
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 434
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 435
DocuSign Envelope ID: 240FF8E0-E092-415A-A58C-B53D726E5329 436

April 4, 2023

Public Works

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works
Subject: City Council approved an Encroachment Agreement Application at 8 Western Drive. At City Council’s direction, City entered into Encroachment Agreement with owners; it now presents the Agreement to City Council, pursuant to RMC 12.30.200, et seq.

FINANCIAL IMPACT: This item does not impact the City’s General Fund. The applicant has paid the processing fee(s) for this request and will also remit all costs associated with entering into an Encroachment Agreement and performing
improvements.

PREVIOUS COUNCIL
ACTION:

A Public Hearing was held, and public comment was
taken, on March 7, 2023. The March 7th hearing had
been continued from February 7th and 21st.

STATEMENT OF THE
ISSUE:

On March 7, 2023, the City Council adopted Resolution
27-23, which determined that the requisite findings of
RMC 12.30.190(a)(1)(A-G) had been met; it then
approved the Encroachment Agreement application for 8
Western Drive, which allows for a private landowner
encroachment into the unimproved public right of way.

City Council further directed and authorized City staff to enter into an Encroachment Agreement with the
property’s owners. The RMC requires that the City
Council formalize its Encroachment Agreement decision
within 30 days following the Public Hearing.

AGENDA
REPORT
437

April 4, 2023
RECOMMENDED ACTION:

APPROVE the Encroachment Agreement between the
City and the title of record property holders of 8 Western Drive for a private landowner fence encroachment into
the unimproved public right-of-way at said address; and reaffirm its decision that the findings pursuant to RMC

12.30.190(a)(1)(A-G) have been met – Public Works
Department (Daniel Chavarria/Robert Armijo 510-620-
5477).

DISCUSSION:

On June 28, 2022, the City Council passed and adopted Ordinance No. 09-22 N.S. (“Ordinance”), which amended the Richmond Municipal Code (“RMC”) to address public ROW encroachments. Specifically, the Ordinance amended Article XII - Public Works, Chapter 12.30 - Encroachments and Easements in the Public Rights-of-Way, Part 3 - Private Landowner Encroachment(s) Into Unimproved Portions of Public ROW (i.e., Section 12.30.170, et seq.). The amendments incorporated provisions to codify the City’s long-standing practice of allowing private landowner encroachments into the public ROW, subject to certain conditions.

RMC 12.30.180 requires private landowners to submit an Encroachment Agreement Application (“Application”) by way of a letter, pursuant to RMC 12.30.180(a), to the Engineering Division of the Public Works Department (“PW-Engineering”) for encroachments placed in the public ROW. RMC 12.30.200, et seq. grants City Council the authority to approve such applications based on the City Engineer’s Findings. The effect of an approval then authorizes City staff to enter into an Encroachment Agreement between City and the property owner(s). This Encroachment Agreement, once finalized, is recorded on the property’s title and binds the owner(s) and any successive owners in perpetuity.

The title of record property owners (“Owners”) of 8 Western Drive submitted an Application to the City Engineer for approval of an existing fence paralleling the home’s frontage at 8 Western Drive (“Subject Property”) in an area within the public ROW on July 6, 2022. At the request of City staff, Owners revised their Application, and City staff received those revisions on February 9, 2023.

Pursuant to RMC 12.30.180(a)(8), PW-Engineering sent a “Notice of Encroachment Agreement Application” to properties within 300 feet of Subject Property; and, to the Neighborhood Council as per RMC 12.30.110(a)(1). Thereafter, pursuant to RMC

12.30.200(d), the City Clerk’s Office noticed a Public Hearing for February 7, 2023, later continued to February 21, 2023 and then to March 7, 2023, at which time the City Council took public comment. Pursuant to RMC 12.30.200(d), the Clerk’s Office sent a Public Hearing notice by U.S. Mail to neighbors within 300 feet of Subject Property on January 25, 2023; and, as a courtesy, simultaneously noticed the Neighborhood Council. The notice was also published in West County Times on 438

April 4, 2023
January 27, 2023. A courtesy notice of the Public Hearing’s continuation was sent to neighbors and the Neighborhood Council on February 10, 2023. A second courtesy notice of the Public Hearing’s continuation was sent to neighbors and the Neighborhood Council on February 17, 2023. Pursuant to 12.30.200(b), a copy of the Application was made available for review in the City Clerk’s Office on February 17, 2023.

On March 7, 2023, the City Council held a Public Hearing. After receiving Public Comment, the City Council adopted Resolution 27-23, which made the above- referenced, required findings pursuant to the RMC. Resultingly, the City Council approved the Application for a private landowner encroachment into the unimproved public ROW at Subject Property. Specifically, the City Council made the following determinations based on the City Engineer’s findings, pursuant to RMC 12.30.200(f) and 12.30.190(a)(1)(A-G):

(1) Findings.
(A) Complete application contains all necessary, supporting information.  On July 6, 2022, James and Anna Ortiz (collectively, the “Applicant”) submitted an application for an Encroachment Agreement, including supporting information.

(B) The encroachment does not conflict with adopted street improvements or similar plans, or any in development, or that can be anticipated.  The City has no adopted street improvement or similar plans for Western Drive. The encroachment does not conflict with any anticipated development.

(C) The encroachment does not pose a public health or safety hazard as determined by City Engineer.
 Western Drive is a narrow, two (2)-lane street with steep slopes on either side of the roadway. The encroachment does not block vehicle travel or impede sight distance. Due to the slope and existing vegetation found along Western Drive, pedestrian access within the encroachment area is difficult. Due to the proximity of the fence to the intersection of S. Garrard Blvd and Western Drive, the Applicant should be conditioned to provide reflective materials on the fence and to provide an object marker to the satisfaction of the City Engineer. Thus, the encroachment does not pose a public health or safety hazard.

(D) The encroachment does not substantially obscure the main property frontage.  The encroachment is a fence that is six (6) feet tall; gravel driveway; stairs to access the house; waste/ recycling storage; and two (2)-foot tall retaining walls. The existing residence is located higher than the street and close to the property line. The stairs are required to access the house from Western Drive.

As the residence is higher than the fence, this encroachment does not obscure the main property frontage.

439

April 4, 2023
(E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.  There are no residences across the street. Due to the topography and configuration of the residence on the existing parcel, the encroachment is necessary to provide reasonable access.

(F) The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise.
 The encroachment varies from slightly less than four (4) to six (6) feet from the edge of pavement. RMC 12.30.190(a)(2)(J)(i) requires that a four (4)-foot area of space be allocated for a sidewalk. The Applicant should be conditioned to provide a four (4)-foot sidewalk with a protective curb to the satisfaction of the City Engineer. This may require a partial reconstruction of the fence.

Following the City Council’s determination that the required findings of RMC

12.30.190(a)(1)(A-G) had been met, as detailed above, the City Council approved the Application for the Subject Property. As part of its approval, the City Council directed City staff to enter into an Encroachment Agreement with the Owners to be recorded on the Subject Property’s title and binding upon successors.

City staff complied with the City Council’s directive and now presents the Encroachment Agreement for approval. Pursuant to RMC 12.30.200(e), the City Council must take the formal step of reaffirming its decision to approve the Encroachment Agreement based on the required findings it made at its March 7th meeting under RMC 12.30.190(a)(1)(A-G). Generally speaking, RMC 12.30.200(e) allows the City Council to approve, modify, or deny an Encroachment Agreement based on the required findings in RMC 12.30.190(a)(1)(A-G). Here, as noted above, the City Council adopted Resolution 27-23 determining, inter alia, that those required findings had been met and thus directed and authorized City staff to enter into the Encroachment Agreement with Owners.

ENVIRONMENTAL REVIEW:

Section 21084 of the California Public Resources Code specifically requires that CEQA Guidelines include a list of project classes or categories determined not to have a significant environmental effect, thus making said categories exempt from CEQA provision(s). CEQA Guidelines, section(s) 15301 through 15333, list exempt specific project categories, including relevant criteria necessary for a project to meet an exemption. CEQA Guidelines Section 15300.2 includes a list of exceptions precluding categorical-exemption use; here, the proposed project does not trigger any exception that would require an exemption override. The current Encroachment Agreement meets the requirements for a categorical exemption pursuant to Section 440

April 4, 2023
15303(e), “New Construction or Conversion of Small Structures,” where subsection (e) addresses accessory/appurtenant structures, which specifically includes fence(s).

DOCUMENTS ATTACHED:

Attachment 1 – Encroachment Agreement
Attachment 2 – City Council Resolution 27-23, adopted March 7, 2023 Attachment 3 – 8 Western Drive EA Application
441

1. Recording Requested By and
When Recorded Return To:

APN: 558-012-021 [SPACE ABOVE FOR RECORDER’S USE ONLY] Exempt from filing/recording fees, per Govt. Code § 27383

ENCROACHMENT AGREEMENT

This ENCROACHMENT AGREEMENT (“Agreement”) is entered into by and between Anna Ortiz and James Ortiz (collectively, the “Ortizes” or “Owners”), whose address is 8 Western Drive, Richmond, California, 94801 and the City of Richmond (“City”), a municipal corporation, whose address is 450 Civic Center Plaza, Richmond, California, 94804. The Owners and City are referred to as a “Party” in the singular, or collectively as the “Parties.” Owners also includes any successors and assigns of the Ortizes.

RECITALS
A. The Ortizes are owners of that certain real property located in the City of Richmond, County of Contra Costa, State of California commonly known as 8 Western Drive (Assessor’s Parcel Number 558-012-021), more particularly described in the “Legal Descriptio n Owners’ Property” (“Owners’ Property”), set forth in Exhibit A which is attached hereto and incorporated herein by reference. City is the owner of certain fee simple and/or easement interests in that certain real property (the “City Property”) located in the City of Richmond, County of Contra Costa, State of California consisting of the streets and roadways that adjoin the Owners’ Property and is shown in the “Map of City Property” attached as Exhibit B and incorporated herein by this reference. The portion of the City Property subject to the encroachment shall be known as the “Encroachment Area,” more particularly shown in Exhibit C, which is attached hereto and incorporated herein by reference.

B. Owners wish to construct and maintain certain improvement (s) within the Encroachment Area. Owners have requested that the City allow them to make such improvement(s) (the “Encroachment”), improvements are also shown in Exhibit C. City agrees to grant Owners the permission to construct and maintain the Encroachment pursuant to this recorded, revocable Agreement . The Agreement shall be governed by a ll applicable laws, ordinances, and regulations of any governmental body applicable thereto.

C. The City Council passed and adopted Ordinance No. 09-22 N.S. (the “Ordinance”) on June 28, 2022 , amending Richmond Municipal Code (“RMC”) to address encroachments on City Property, including public rights of way (“ROW”) . The Ordinance amended Article XII (“Public Works”), Chapter 12.30 (“Encroachments and Easements in the Public Rights-of-Way”), Part 3 (“Private Landowner Encroachment(s) Into Unimproved Portions of Public ROW”), Section

12.30.170, et seq., which incorporated provisions to codify the City’s long -standing practice of 442

2. allowing private landowner encroachments into public land, including the public ROW, subject to certain conditions.

D. RMC 12.30.180, et seq. requires private landowners (i) to submit an Encroachment Agreement Application (“Application”) to the Public Works Department’s Engineering Division (“PW-Engineering”) for encroachments placed within the public ROW; (ii) RMC 12.30.200 grants City Council authority to approve such an Application following a public hearing and its determination that an Application and proposed encroachment meet the required findings, pursuant to RMC 12.30.190 (i)(1)(A-G); and then (iii) authorizes City to enter into an Encroachment Agreement between the City and the private lando wners. The Encroachment Agreement is recorded on the property’s title and binds successive owners in perpetuit y but is revocable by City with or without cause .

E. On or about July 6, 2022 , the Ortizes submitted an Application to the City Engineer, which was thereafter corrected and revised . Pursuant to RMC 12.30.180(a)(8), PW - Engineering sent a “Notice of Encroachment Agreement Application” to properties within 300 feet of Owners Property; and, to the local Neighborhood Council as per RMC 12.30.110(a)(1). The City Clerk’s Office, pursuant to RMC 12.30.200(d), noticed a Public Hearing for February 7, 2023, which was later continued to February 21, 2023, and then continued a second time and held on March 7, 2023, at which time the City Council took public comment. Pursuant to RMC

12.30.200(d), the Clerk’s Office sent a Public Hearing notice by U.S. Mail to neighbors within 300 feet of Subject Property on January 25, 2023; and, as a courtesy, simultaneously noticed the Neighborhood Council. The notice was also published in West County Times on January 27, 2023.

A courtesy notice of the Public Hearing’s continuation was sent to neighbors and the Neighborhood Council on February 10, 2023. A second courtesy not ice of the Public Hearing’s continuation was sent to neighbors and the Neighborhood Council on February 17, 2023. Pursuant to 12.30.200(b), a copy of the Application was made available for review in the City Clerk’s Office on February 17, 2023.

F. On March 7, 2023, the City Council held a Public Hearing. At the con clusion of said hearing, the City Council determined that the findings required by RMC 12.30.190(a) (1)(A) through (G) had been made. The City Council adopted Resolution 27-23 (the “Resolution”), which directed the Parties to enter into this Agreement , subject to the Resolution’s condition(s).

Thereafter, this Agreement was approved by the City Council at its meeting on April 4, 2023.

NOW, THEREFORE, in consideration of the City granting this Agreement, Owners covenant and agree as follows:

1. Incorporation of Recitals. The foregoing Recitals are incorporated herein by reference.

2. Effective Date and Duration. This Agreement shall be effective on the date of its recordation in the Office of the County Recorder, County of Contra Costa, California (the “Official Records”) and shall continue in full force and effect until terminated as provided in Section 6.

3. License. The City hereby grants to Owners a non-exclusive, revocable license to construct and maintain the Encroachment within the Encroachment Area upon all of the terms and conditions 443

3. of this Agreement, which shall run with the Owners Property . The City consents to automatic assignment to any successor owner of Owners Property.

4. Installation of Encroachment . Owners shall construct and maintain the Encroachment in accordance with applicable laws and regulations at the Owners’ sole cost, risk, and responsibility.

Owners shall obtain all applicable City building permits prior to the Encroachment’s installation (the “Installation”). The Installation shall be compl eted within one (1) year of this Agreement’s date of approval. The Installation shall be inspected and approved by the City, or this Agreement shall expire and terminate.

5. Covenants.

5.1 Generally. Owners hereby agree to construct, maintain, relocate, and/or remove the Encroachment in accordance with all applicable laws, ordinances, and regulations of any governmental body applicable thereto and in accordance with this Agreement and the City Council Resolution(s) adopted March 7, 2023, and April 4, 2023 (all collectively the “Approvals”).

5.2 Maintenance. Owners shall maintain, repair, and/or replace the Encroachment and the City Property in accordance with the Approvals, and such that the Encroachment and the Encroachment Area remain at all times in a neat, clean, and first-class condition, as well as in good order and repair, including being weed -, trash-, and debris-free. In the event that Owners do not maintain the Encroachment, the Encroachment Area, and City Property as required herein, the City may terminate this Agreement as more particularly provided in Section 6.0.

6. Termination.

6.1 Notice by Either Party. This Agreement may be terminated by either Party upon written notice to the other Party (“Termination Notice”). This Agreement acts as a license and does not require either Party to provide a reason for the Termination Notice.

6.2 Reasons for Termination. Reasons for termination may include, but are not limited to, (i) Owners failure to comply with th e conditions of this Agreement or the Resolution as related to this Agreement; (ii) Owners failure to maintain the Encroachment in accordance with Section 5.2; (iii) the Encroachment is determined to be a h azard to safety, health , or public welfare ; (iv) the Encroachment Area is needed for other public purpose ; or (v) any other cause , or no cause, and the City shall not be liable for any damage or expense to Owners resulting therefrom.

6.3 Removal of Encroachment. At their sole cost and expense, Owner s shall remove the Encroachment within ninety (90) days following the date of the Termination Notice; or, in the event of urgent necessity, such earlier date as may be directed by the City Engineer in the Notice. Should Owners fail to remove the Encroachment, or any specified part thereof, within the Termination Notice’s stated time period, or within any written extension the City grants, the City may cause such work to be 444

4. done, and the costs thereof shall be a charge to , and may become a lien upon , Owners Property.

6.4 Restoration. Upon removal of the Encroachment, at their sole expense, Owners shall restore the public ROW to a condition that, in the City Engineer’s reasonable judgment, approximates the condition of the public ROW prior to the Encroachment’s installation.

6.5 Execution of Termination Documents. Pursuant to Section 6.3, if Owners removed the Encroachment, they may provide written notice to the City requesting that the City draft an appropriate termination document, whose form shall be approved by the City Attorney, and which may be executed by the City Manager or their designee, to be executed and acknowledged by the City and recorded in Official Records of Contra Costa County.

7. Repair of Public Facility. If the Owners, during installation or repair of the improvements, cause damage to City Property or that of another public agency or landowner, City Engineers may order repairs to be made or restitution to be paid by Owners.

8. Covenants Running with the Land. Owners’ covenants and conditions, as set forth in this Agreement, (i) are made for the direct benefit of City Property; ( ii) will constitute covenants running with the land and equitable servitudes; (iii) will bind Owners and every person having any fee, leasehold, or other interest in any portion of the Owners Property at any time or from time to time; and (iv) will inure to the benefit of the City and every person having any fee, leasehold , or other interest in the City Property, at any time or from time to time.

9. Release. The City shall bear no responsibility, or liability, for, and Owners agree to hold the City harmless from, any damage to the Encroachment from any cause, including, but not limited to, damage resulting from the construction, maintenance, use, repair, or presence of City facilities on City’s Property or the Encroachment’s removal pursuant to Section 6.

10. Indemnity. Owners hereby agree to indemnify and defend the City, its officers, agents and employees against, and to hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively “claims or liabilities”) that may be asserted or claimed by any person, firm, or entity arising out of , or in connection with , the Encroachment’s location, construction, maintenance, relocation, or removal. Said claims and liabilities shall exclude those arising from the sole negligence of, or willful misconduct of, the City, its officers, agents , or employees, who are directly responsible to City, and in connection therewith: (i) Owners will defend any action or actions filed in connection with any of said claims or liabilities and Owners will pay all costs and expenses, including legal costs and attorneys’ fees, incurred in connection therewith; (ii) Owners will promptly pay any judgment rendered against the City, its officers, agents , or employees for any such claims or liabilities and agree to save and hold the City, its officers, agents, and employees harmless therefrom; (iii) in the event the City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Owners for such damages , or other claims arising out of the location, construction, maintenance, relocation, or removal of the Encroachment, Owners agree to pay the City, its officers, agents , or employees, any and all costs and expenses 445

5. incurred by the City, its officers, agents, or employees in such action or proceeding, including, but not limited to, legal costs and attorneys’ fees.1

11. Insurance. Owners agree to provide the City with certificates of general liability insurance satisfactory to the City Attorney and Risk Manager. Certificates of liability insurance must be provided to the City annually. Owners must notify City thirty (30) days prior to cancellation or change in said insurance.
(a) General Liability insurance with minimum limits of $1 million per occurrence and $2 million in the aggregate shall be maintained at all times during the term of this Encroachment Agreement. These limits may be increased by the Risk Manager based on changes in the insurance marketplace.
(b) The City, its officers, officials, employees, agents, and volunteers are to be named as additional insureds for all liability arising out of ownership, maintenance, or use of the part of the premises located within the Encroachment Area. An additional insured form CG 2012, or equivalent, is required. Owners shall provide a Certificate of Insurance naming the City as a dditional insured; with the liability insurance limits of $1 million for each occurrence and $2 million in the aggregate. (c) The Owners’ insurance coverage must be primary as it pertains to the City, and the City’s insurance, or self-insurance, shall not be called upon to contribute to any loss or claim.
(d) Owners’ insurance will provide a waiver of subrogation in favor of the City by virtue of payment of loss by Owners’ insurance coverage. (e) Owners shall maintain continuous coverage for the life of this Agreement. Should Owners fail to maintain insurance as required, the City may take such action as it deems necessary to protect its interests. Such action may include, but is not limited to, termination of this Agreement or other action as the City deems appropriate.

12. Amendment or Modification by the Parties . This Agreement may not be modified or amended except by written agreement . Any such modification shall be recorded in the Office of the County Recorder, County of Contra Costa, California.

13. Miscellaneous.

13.1 Notices. Any notices, demands, or communications pursuant to this Agreement shall be in writing, and may be given either by (i) personal service, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return service requested, addressed (a) to the City at City Hall, 450 C ivic Center Plaza, Richmond, CA 94804 , and (b) to the Owners Property’s Owners at the address(es) shown on the Contra Costa County Tax Assessor’s latest equalized roll for Owners Property . Such notice or communication shall, if properly addressed,

1 The Parties will be reviewing this section further.
446

6. be deemed to have been given as of the date so delivered, or three (3) business days after deposit into the United States mail.

13.2 Severability. The invalidity or unenforceability of any provision of this Agreement with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances.

13.3 Governing Law and Venue. This Agreement shall be construed and en forced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in Contra Costa County.

13.4 Attorneys’ Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorneys’ fees, incurred in the proceeding.

13.5 Interest. Any amounts not paid when due pursuant to th is Agreement shall bear interest until paid in full at the rate of five percent (5%) per annum but not in excess of the maximum amount permitted by law.

13.6 Construction. This Agreement shall be construed according to its fair meaning as if prepared by all Parties to this Agreement . Owners acknowledge that this Agreement is being provided as an accommodation to Owners and, therefore, agree this Agreement shall be interpreted by a court to enforce all terms.

13.7 Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision thereafter.

13.8 Qualification and Authority. Each individual executing this Agreement on behalf of Owners represents, warrants, and covenants that (i) such entity is duly formed and authorized to do business in the state of its incorporation, (ii) such person is duly authorized to execute and deliver this Agreement on behalf of such entity in accordance with authority granted under the organizational documents of such entity, and (iii) such entity is bound under the terms of this Agreement.

13.9 Incorporation of Exhibit(s). Exhibit A, Exhibit B, and Exhibit C attached hereto are incorporated herein by reference.

[Signatures on Following Page]
447

7. IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written.

OWNERS:

____________________________
Anna Ortiz

____________________________
James Ortiz

CITY:

CITY OF RICHMOND,
a municipal corporation

____________________________
Eduardo Martinez, Mayor
ATTEST:

__________________________________
Pamela Christian, City Clerk

APPROVED AS TO FORM:

__________________________________
David J. Aleshire, City Attorney

448

8 EXHIBIT A
LEGAL DESCRIPTION OF OWNER’S PROPERTY

449

9 EXHIBIT B

450

10. EXHIBIT C

DEPICTION OF ENCROACHMENT AREA

451

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 202_ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
452

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 202_ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac y or validity of that document.
453

01337.0027/868449.3

STATE OF CALIFORNIA )
) ss.

COUNTY OF ____________ )
On _________________, 202_ before me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
_________________________________________
Notary Public
SEAL:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which t his certificate is attached, and not the truthfulness, accuracy or validity of that document.
454
455
456
457
1 Job No. 2521
February 9, 2023
Mr. Robert Armijo, PE
Deputy Public Works Director, City Engineer
450 Civic Center Plaza
Richmond, CA 94804
Re: Ortiz Residence and Property at 8 Western Drive (APN 558-012-010), Richmond, California Richmond Municipal Code Section 12.30.170; 12.30.180
Application for Private Landowner Encroachment Agreement Existing Fence & Improvement along and within Western Drive Dear Mr. Armijo.

Our firm has been working with James and Anna Ortiz (“Ortiz Family”) with regard to their residence at 8 Western Drive (Ortiz Property), in the City of Richmond, California (“City”). The Ortiz Family also been working with a land use and permitting attorney, Allan Moore of Law Office of Allan Moore, APC.

On behalf of the Ortiz Family, we assisted with the submittal of an application for an Encroachment Agreement (“Application”), dated July 6, 2022. This Application was submitted pursuant to the recently enacted Richmond Municipal Code (RMC) Section 12.30.170, et seq. (New Encroachment Agreement Ordinance.”)
Our office is responding to your email of February 6, 2023, requesting additional information in support of the previously submitted Encroachment Permit application.

The following is provided as background information:

James and Anna Ortiz purchased this property in August of 2021. The subject fencing and improvements were already in place, having been installed by the prior property owner. One of the primary reasons that the Ortiz family purchased this property was the security provided by the subject fencing. The Ortiz residence fronts on Western Drive and is situated immediately across the street from the East Bay Regional Park District Miller/Knox Regional Shoreline Keller Beach Facility. The fencing provides security and prevents the undesirable gathering of uninvited guests and the associated undesirable debris that accompanies such activities. Fencing provides the added benefit as it prevents undesirable, illegal dumping which has become an ongoing problem for properties with large frontages on public roadways in rural areas with low traffic volumes, especially at night. It should be noted that the 458
2 neighboring property, apn 558-012-009, owners Richard Katz and Clair Brown, share the same exposure as the Ortiz property.

I. Background
While this is an Application for an Encroachment Permit, as the City is aware, the subject of this Application is the existing six-foot fence (“Fence”) along its property frontage on Western Drive. That Fence was constructed in January 2018 by the sellers of the Ortiz Property (Chloe Aftel and Benjamin Zicherman, or “Sellers’). The Fence was constructed pursuant to a fence permit issued by the City December 21, 2017.

Three years later, in the fall of 2020, a neighbor complained to the City about the location of the Fence. Pursuant to City request, the Sellers applied for and obtained an encroachment agreement from the City, entered into on July 12, 2021 (“Encroachment Agreement”). The City fully approved the Encroachment Permit, based on standard procedures it had used for years.

It is noted that on July 30, 2021, the City confirmed by email that: (i) based upon review of the vertical and horizontal geometry of the street (i.e., the clear line of sight from the intersection of Western Drive/Dornan Drive), as well as pedestrian safety, the City had properly granted the Encroachment Permit.

Thereafter, on or about August 1, 2021, the Property, together with the constructed Fence, the approved fence permit, and the approved 2021 Encroachment Agreement, was sold to the Ortiz Family.

By letter dated February 7, 2022 to the Ortiz Family, the City stated that City Staff has “recently” become aware that: (i) the initial application for the permit should have provided notice to neighbors and approval from the City Zoning Administrator in accordance with RMC 15.04.601.060; (ii) City review procedures for the initial permit were not followed; and (ii) The City entered into the Encroachment Agreement in reliance on staff’s analysis of the permit application. The City’s letter further states that if a permit is “mistakenly or illegally issued by the City, no rights are given thereby.” The City’s February 7, 2022, letter further stated that, for the above reasons, the City therefore “terminates” the 2021 Encroachment Agreement, effective on May 8, 2022. The City’s reason for the May 8 deadline was that this would allow time for the City to adopt its New Encroachment Agreement Ordinance,” and would further give the Ortiz Family time after such adoption to apply for an Encroachment Agreement under such new ordinance.

The City Council thereafter delayed in adopting the New Encroachment Agreement, finally adopting the Agreement in June 2022. By letter dated May 2, 2022, the City therefor extended the termination date of May 8, 2022, to July 7, 2022, giving the Ortiz Family time to apply for an encroachment permit under the New Encroachment Agreement Ordinance.

The following reflects the work complete to date to comply with the New Encroachment Ordinance:
459
3 II. Requirements of RMC 12.20.180

1. Letter to City Engineer
Section 12.30.180(a) requires a letter to the City Engineer requesting the Encroachment agreement. Our prior letter of July 7, 2022 accompanied by the completed Application form complied with this Ordinance section. This letter is in support of the prior application and will provide additional documentation as requested in your February 6th email.

2. 12.30.189(a)(1): Name and Address of the Applicant The Ortiz Family is the Property owner. The Applicant is Milani & Associates, with address notes as follows:

Attn: Mr. Michael Milani
Milani & Associates
2655 Stanwell Dr. #105
Concord, CA 94520
(925) 465-2033/[email protected]

3. 12.30.180(a)(2): Name of contractor for proposed work See the Background under Section I, above. Given the Fence is already fully constructed, under the direction and ownership of the prior property owner, this item is deemed not applicable.

4. 12.30.180(a)(3) Location, purpose, and extent of proposed work Please see the “Summary of Improvements Encroaching on Western Drive,” prepared by land surveyors/civil enginee1rs Kister, Savio & Rei, Inc. (KSR), dated 6/3/2021, attached hereto as “Exhibit A.” The KSR exhibit reflects the following existing improvements constructed by the prior property owner within the Western Drive Public Street right-of-way. The purpose of the Encroachment Permit Application is to retain and continue to use the existing improvements detailed below:

1. Six-foot wood fencing and sliding gate.

2. Concrete drive apron with connection to the existing edge of pavement of Western Drive.

3. Gravel staging area.

4. Three (3) tiered wood wall.

5. Access stairs to the upper residence

6. Storage area for garbage and recycling receptacles
Please note that items 3 through 5 have been present on the site for decades. 460
4 The house fronts on Western Drive. The following photos reflect the current improvements that are the subject to the Encroachment Permit application.

Figure 1: oblique shot reflecting full site improvements within Western Drive. 461
5 Figure 2: site photo looking directly are Ortiz residence from Western Drive. The improvements subject to the encroachment permit request are in the foreground of the photo.

5. 12.30.180(a)(4), (5) and (6): Time of work, control plan, insurance See the Background under Section I, above. Given the Fence is already fully constructed, this item is not applicable.

5. 12.30.180(a)(7): Detailed Plans
See Plat Map prepared by Milani & Associates, attached hereto as “Exhibit C.”

6. 12.30.180(a)(8): City written notice to adjacent landowners.

As shown below, the Applicant has posted and will maintain the Notice as required under

12.30.180(b). For purposes of this Notice the Hearing Date has been set for February 21 with the meeting being held as a zoom meeting. The posted Notice does also indicate that plans and other information can be obtained at the City Offices.

It should be noted that prior notices that Mrs. Ortiz has posted have subject to vandalism and graffiti and racial slurs. Richmond PD have been notified of the Notice vandalism on several occasions. The Ortiz family will do its best to maintain the notices as require. If complaints are made at the public hearing that proper posting of the Notices were not made, those complaints should be treated as moot. 462
6 Mrs. Ortiz has provided photographs of the posted notices per your request. She will also document any further vandalism and Graffiti for the record between now and the February 21st meeting date.

7. 12.30.180(a)(9): Any information requested by the City Engineer The Applicant and Owner have been working with City Staff in preparation of this Application.

The Applicant/Owner are ready to provide any information requested by the City Engineer in response to this Application.
(8) 12.30.180(a)(10): Encroachment Agreement Fee
The City Staff has indicated that the Encroachment Agreement Fee to be submitted with the initial application. No further action is needed on this task. (9) 12.30.180(b): Posted Notice
Notices have been posted. A copy of the posted Notice is attached hereto as “Exhibit B.” A copy of the application is on file with the City of Richmond and is available for review at the City Offices. (10) 12.30.180(c): Statement from Landowner
Set forth below the Applicant’s signature below is a signed confirmation from the Owner to the effect that all information in this Application is true and correct.

Compliance with RMC 12.30.190 – Findings and Conditions In response to your February 6th email and per RMC Section 12.30.190 this office offer the following responses in support findings and conditions in support of the subject Encroachment Permit application:

A) Complete Application contains all necessary, supporting information.

Response:

A complete application and supporting documentation have been submitted to the City of Richmond.

B) The encroachment does not conflict with adopted street improvements or similar plans, or any in development or than can be anticipated.

Response:

Milani & Associates submitted street cross sections along the encroachment frontage of 8 Western Avenue. The cross sections indicate that no reduction in lane travel widths have been impacted. No public safety or visibility constraints have been created by the installation of the subject improvements.

See Figures 3 & 4 below:
463
7 Figure 3: Western Drive looking easterly. Project frontage is in the left side of the photograph. 464
8 Figure 4: Western Drive looking westerly. Project frontage is in the right side of the photo.

C) The encroachment does not pose a health or safety hazard as determined by the City Engineer.

Response:

Joe Leach, the City’s prior City Engineer had walked the limits of the encroachment area and determined that the improvements did no pose a health or safety hazard. In addition, Milani & Associates submitted street cross sections along the encroachment frontage of 8 Western Avenue. The cross sections indicate that no reduction in lane travel widths have been impacted. It is this office’s professional opinion that no public safety or visibility constraints have been created by the installation of the subject improvements.

D) The encroachment does not substantially obscure the main property frontage.

Response:

The house fronts on Western Drive. The Figures 1 and 2 above are site photos which reflect the current improvements that are the subject to the Encroachment Permit application. The photos clearly indicate that the main property frontage and improvements are not substantially obscured.
465
9 E) The encroachment does not adversely impact or affect adjacent properties; and/or result in facilities discordant or inconsistent with the other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if he property is not strictly necessary for the proposed use.

Response:

Our office submitted Exhibit “C,” Cross Sections - 8 Western Drive. The exhibit clearly identifies the current paved roadway limits before, along and after the subject fencing and encroachment improvements. The exhibit clearly indicates that the subject improvements have not and continue to not inhibit vehicle traffic along Western Drive. The area in question gives the appearance of excess lands that were never intended to support public street improvement. The same condition occurs on the adjoining parcels lying westerly of the subject property, in particular apn 558-012-009.

F) The encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s responsible use. A standard setback should be no fewer than three feet (3’), subject to the City Engineer’s determination that the area’s conditions or environment allows otherwise.

Response:

Our office submitted Exhibit “C,” Cross Sections - 8 Western Drive. Section C-C on the exhibit clearly identifies the setback from the fencing to the edge of travel lane being in excess of three feet (30)’. As previously noted It is this office’s professional opinion that no public safety or visibility constraints have been created by the installation of the subject improvements.

I trust this provides you with the information that you require.

Please do not hesitate to call my office with any questions or any requests for more information regarding this Application.

Sincerely Yours,
Michael Milani
Michael Milani
Project Manager
Milani & Associates
Attachments (A, B and C as referenced)
cc: Allan C. Moore
Owner
We hereby confirm that all information in support of this Application is true and correct.

James Ortiz
Anna Ortiz
466
467

ENCROACHMENT

HEARING NOTICE
Exhibit "B"
468
WESTERN DR8 WESTERN DR

ENCROACHMENTAREA
ENCROACHMENT HEARING: 2/21/23
469

ENCROACHMENT NOTICE
470

WESTERN DR
NO.BY REVISIONS

CITY OF RICHMOND

APPDATE
MICHAEL E. MILANI
N/A
JMG
MEM
DESIGNED UNDER THE DIRECTION OF:

CALIFORNIA
DATE
2521
SCALE:

NOVEMBER 2022

OFSHEETS
1 SHEET

CONTRA COSTA COUNTY

CROSS SECTIONS

AS SHOWN
R.C.E. No. 35121 REGISTRATION EXPIRES 9-30-23
DESIGN:

DRAWN:

CHECKED:

JOB NO:

DATE:

L.S. No. 5311 REGISTRATION EXPIRES 12/31/23 CROSS SECTIONS 8 WESTERN DRIVE
1 EXHIBIT "C"
471

April 4, 2023

Public Works

DATE: April 4, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Robert Armijo, Deputy Director of Public Works
Mary Phelps, Project Manager I
Subject:

Interim Ordinance Extending Urgency Ordinance No. 02 - 23 FINANCIAL IMPACT: An Interim Ordinance extension would likely impact City finances temporarily because it would prohibit the City from issuing building permits requiring new connections to Keller Beach Sanitary Sewer (“KBSS”). New- construction building permits, for example, can include impact fees with potential loss of the fee revenue up to $757,000.

PREVIOUS COUNCIL
ACTION:

January 18, 2022, and February 21, 2023.

STATEMENT OF THE
ISSUE:

Urgency Ordinance No. 02-23, adopted on February 23,
2023, and expiring April 7, 2023, created a temporary, 45- day moratorium on the issuance of building permits for new Keller Beach Sanitary Sewer (KBSS) connections. It also created an “urgency thereof” b ased on a KBSS re port
documenting compromised pipe conditions with a risk of
imminent pipe failure. New sewer connections resulting in increased KBSS use heighten t his failure risk and t he resulting environmental and public safety concerns. The proposed Interim Ordinance extension would expire in 22 months and 15 days, unless subsequently extended.

AGENDA
REPORT
472

April 4, 2023
RECOMMENDED ACTION:

HOLD a public hearing; and ADOPT an Interim
Ordinance establishing a 22-month and 15-day extension
of Urgency Ordinance No. 02-23 imposing a temporary
moratorium on issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer;
and declaring an urgency thereof – Public Works
Department (Daniel Chavarria 510-620-5478/Robert
Armijo 510-620-5477).

DISCUSSION:

On February 21, 2023, pursuant to Government Code Section 65858 (“GC Section 65858”), the City Council adopted Urgency Ordinance No. 02-23 N.S. (hereinafter “Urgency Ord. No. 02-23 or Urgency Ordinance”), which established a 45-day moratorium (to expire April 7, 2023) on the issuance of building permits requiring sewer connections to the Keller Beach Sanitary Sewer (KBSS) and declaring the urgency thereof.

On January 18, 2022, the City Council adopted Resolution No. 08-22, which accepted the findings of the Keller Beach Sanitary Sewer CCTV review and assessment report (“KBSS Review and Assessment Report”), dated January 3, 2022.

The KBSS Review and Assessment Report identified a severely compromised pipe and concluded that KBSS should undergo extensive repairs, which would address critical issues; or a pipe replacement and relocation, which would alleviate the critical issues but incur cost and time considerations.

Government Code section 65858(b) authorizes the City Council to extend Urgency Ordinance No. 01-22 for twenty-two (22) months and fifteen (15) days following notice and a public hearing. An extension requires a four-fifths vote of the City Council for adoption (i.e., six [6] votes), and the City Council may subsequently extend for one (1) year.

City staff sought a determination from the State of California Department of Housing and Community Development requesting approval of the Urgency Ordinance. On March 14, 2023, HCD provided the City with a determination letter approving the Urgency Ordinance. In its letter, HCD acknowledges the severity of the KBSS condition and the potential harm to public health and safety, and the environment, and anticipates that the Moratorium will need to be extended beyond the 45-day period, pursuant to Government Code 65858, subdivision (b). HCD approved the re-adoption and enforcement of Ordinance No. 02-23 N.S. and its planned extension for up to 22 months and 15 days, by the City of Richmond.

Coastland Engineering began work on the Keller Beach Sanitary Sewer Replacement Feasibility Study on October 27, 2022. This project involves public outreach, 473

April 4, 2023
preliminary feasibility studies and investigations, and the development of alternatives for relocating the existing Keller Beach Shoreline sewer into the streets of Point Richmond. Other consultants working on the project include Kister, Savio & Rei, Inc (surveyors), Cal Engineering & Geology (geotechnical engineers), NCE (environmental scientists/planners), and J Majors & Associates (public outreach).

Ongoing public outreach by City staff will inform the Point Richmond community about the project’s purpose and goals, status, and timeline. Initial project notification was conducted in January 2023, consisting of the preparation of fact sheet flyers, and door- to-door communication with property owners. Public informational meetings are planned for Spring and Summer of 2023 to update the community of the project’s findings and timeline.

Preliminary studies will evaluate constraints and opportunities for new sewer construction by conducting topographic surveys, researching existing utilities and easements, conducting geotechnical investigations, and completing environmental and cultural resource investigations to identify permitting requirements. These studies will be conducted later this year.

Preliminary civil design will develop alternatives for a new sewer main with plan and profiles. Project alternatives will be developed to meet City sewer design and construction standards and with the goal of maximizing system reliability and minimizing construction as well as operations and maintenance cost. Sewer alignments and profiles will be developed to minimize the number of lift stations needed, and to avoid or minimize conflicts with existing utilities and constraints of public right-of-way and topography. Design alternatives will consider various methods of construction including traditional open-cut methods, pipe-bursting and horizontal directional drilling.

The new sewer main feasibility assessment will be conducted between April and July 2023.

Private property sewer lateral improvements are anticipated to be needed for some residences whose laterals will not be able to drain by gravity to the new sewer system.

This project will conduct an assessment of the anticipated range of costs for these improvements.

Opportunities for funding the project’s construction will be presented in a Funding Options Technical Memorandum, which is anticipated for completion in August 2023.

The findings of this preliminary feasibility study are likely to identify additional investigations needed prior to the final design. The timing of additional investigations construction is anticipated in 2024, with the final design being completed in fall of 2025-

26. The forecast for construction of the new Keller B each sanitary sewer main is 2026 -

27. On March 27, 2023, the City completed and posted a written report (“Report”) describing the measures taken to alleviate the condition that led to the adoption of the urgency ordinance. In particular, Public Works is mid-process in executing a work 474

April 4, 2023
authorization for consultants to complete the next-stage feasibility study and evaluation of alternatives, including but not limited to alternate alignments to, and servicing of, properties. The Public Works Department is also creating an informational webpage where affected property owners can obtain information about the moratorium, including petitioning for relief.

ALTERNATIVES CONSIDERED:

1. Extend Interim Ordinance on Moratorium as proposed for 22 months and 15 days; or,

2. Take no action, whereby the moratorium expires on April 7, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Draft of Proposed Interim Ordinance Extending Temporary Moratorium Attachment 2 – 10-Day Report Issued Pursuant to Government Code, Section 65858(d) Attachment 3 – Keller Beach Sewer Moratorium Area Map
Attachment 4 – Public Hearing Notice
Attachment 5– Urgency Ordinance No. 02-23 N.S., adopted February 23, 2023 Attachment 6 - HCD - Moratorium Approval Letter
475

ORDINANCE NO N.S.

AN INTERIM ORDINANCE, ESTABLISHING A 22-MONTH AND 15-DAY EXTENSION OF URGENCY ORDINANCE NO. 02-23, IMPOSING A

TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS

REQUIRING NEW SEWER CONNECTIONS TO THE KELLER BEACH
SANITARY SEWER; AND DECLARING THE URGENCY THEREOF,
PURSUANT TO GOVERNMENT CODE SECTION 65858

WHEREAS, Government Code Section 65858 (hereinafter “GC Section 65858”) authorizes the City Council to adopt, as an urgency measure, an interim ordinance by a four-fifths vote to temporarily prevent development and/or construction that threatens the public health, safety, and welfare of citizens residing in the Sewer Moratorium Area; and

WHEREAS, on February 21, 2023, in compliance with GC Section 65858, the City Council adopted Urgency Ordi nance No. 02-23 N.S. (hereinafter “Urgency Ord. No. 02-23”), which established a 45-day moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer (hereinafter “KBSS”) and declaring the urgency thereof, and which will expire on April 7, 2023; and

WHEREAS, Urgency O rd. No. 02-23 defined “sewer connection” as the connection of a building’s drainage system, which conveys the discharge from soil, waste, and other drainage pipes of a business or residence to the City’s sewer main and/or other applicable sewer infrastructure; and

WHEREAS, GC Section 65858(b) authorizes the City Council to extend Urgency Ord. No. 02-23 for twenty-two (22) months and fifteen (15) days following notice and a public hearing. Said extension shall require a four-fifths vote of the City Council for adoption, and the City Council may subsequently extend for one (1) year; and

WHEREAS, pursuant to GC Section 65858(a) and GC Section 65090, the City Council provided notice by publication in the East Bay Times on March 25, 2023 and April 1, 2023 , as statutorily mandated and held a subsequent public hearing on April 4, 2023, where it took public comment; and

WHEREAS, pursuant to GC Section 65858(c), the City Council shall not extend an interim ordinance unless said ordinance contains legislative findings that there is a current and immediate threat to public health, safety, or welfare; and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use that is required for zoning ordinance compliance would result in such threat to public health, safety, or welfare; and
476

WHEREAS, on January 18, 2022, the City Council adopted Resolution No. 08-22, thereby accepting the findings of the Keller Beach Sanitary Sewer CCTV review and assessment report (hereinafter “KBSS Review and Assessment Report”) prepared by NCE-Coastland, dated January 3, 2022, and hereby incorporated within; and

WHEREAS, the KBSS Review and Assessment Report identified a severely compromised pipe and concluded that KBSS should undergo extensive repairs, which would address critical issues; or a pipe replacement and relocation, which would alleviate the critical issues but incur cost and time considerations; and

WHEREAS, the City will perform an in-depth study of alternatives and seek expert consultation; hire contractors; and perform evaluative assessments to devise the best solution, while taking into consideration environmental and public health concerns. By necessity, the City needs time to coordinate its study efforts in a reasonable way with federal, state, and local agencies; affected property owners; and other interested stakeholders to preserve public health, safety, and welfare; and

WHEREAS, the sanitary sewer issues presented by KBSS’ condition create an imminent threat to the public health, safety, and welfare as well as the environment in the Sewer Moratorium Area (incorporated herein by reference); and a moratorium on the issuance of building permits requiring a new connection to KBSS will prevent further deterioration and pipe destruction; and

WHEREAS, GC Section 65858(c) provides that the legislative body shall not extend an ordinance unless it contains legislative findings of a current and immediate threat to public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare; and

WHEREAS, GC Section 65858(d) requires the City Council to issue a written report (“Report”) describing measures taken to alleviate the condition that led to the adoption of t he Urgency Ord. N o. 02-23 ten (10) days prior to its expiration or extension. The City Council’s Report is incorporated herein; and

WHEREAS, GC Section 66300 authorizes a moratorium impacting housing development only where such a moratorium would protect against an imminent threat to the health and safety of person residing in, or within the immediate vicinity of, the area subject to the moratorium and after t he California D epartment of Housing and Community Development (hereinafter “HCD ”) has reviewed said moratorium; and
477

WHEREAS, the City has consulted with HCD, and pursuant to GC Section 66300, a n d HCD h a s reviewed the Urgency Ordinance and determined that the moratorium s pecifically protects against the i mminent t hreat to the health and safety of persons residing in, or within t he i mmediate vicinity of, the Sewer Moratorium Area; and

WHEREAS, development requiring additional sewer connections to the KBSS would result in specific and quantifiable adverse impacts to sanitation infrastructure; the ability to safely and timely repair in frastructure failures; environmental degradation; and pose an immediate threat to the public’s health, safety, and welfare for the above-stated reasons; and

WHEREAS, to protect the public’s health, safety, and welfare, it is necessary to extend Urgency Ordinance No. 02-23 to ensure that any future development in the Sewer Moratorium Area does not further impact the community and the health and safety of those residing in the Sewer Moratorium Area; and

WHEREAS, feasible alternatives to satisfactorily mitigate or avoid the specific, adverse i mpacts with respect to public health and safety, sanitation infrastructure, ability to safely and timely re pair infrastructure failures, and environmental degradation, have yet to be fully identified; and

WHEREAS, the City has not yet been able to identify any less burdensome or restrictive actions other than the adoption of this moratorium extension; and

WHEREAS, the City Council has determined that a temporary moratorium on the issuance of building permits requiring a new sewer connection to KBSS is necessary to preserve public health, safety, and welfare, and to protect against the imminent threat to the health and safety of person residing in the Sewer Moratorium Area, and the “Whereas” clauses above taken together constitute the City Council’s statements and reasons constituting such necessity and urgency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1. The City Council finds, and determines to be in full force and effect, the Recitals set forth in Urgency Ord. No. 02-23, and as above, and hereby incorporates them herein.

SECTION 2. The City Council finds and determines for the reasons stated in the Recitals, that the adoption of this Interim Ordinance is exempt from CEQA under Section(s) 15061(b)(3), 15307, and 15308 of the State CEQA Guidelines. 478

SECTION 3. The City Council finds that a Report was issued by the City on March 28, 2023, describing measures taken to alleviate the condition which led to the adoption of the urgency ordinance.

SECTION 4. The City Council further finds that the extension of the Urgency Ord. No. 02-23 is necessary to mitigate and/or avoid the specific adverse impacts identified herein, and that there is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified herein as well or better, with a less burdensome or restrictive effect, than the adoption of the extension of the urgency ordinance.

SECTION 5. Exceptions. The following development activities within the City limits requiring a sewer connection to Keller Beach Sanitary Sewer are exempt from the moratorium:

A. All projects (if any) that have vested rights to a new sewer connection because of previously submitted and fully complete applications and issued building permits;

B. Projects ordinarily requiring a connection to the Keller Beach Sanitary Sewer for which the owner/developer submits a design for the extension of a sewer main to an alternative segment, the design which is approved by the City Engineer and/or Public Works Director, and the property owner/developer agrees to be solely responsible for all costs and expenses of installing and maintaining said sewer main, among other terms and conditions provided by the C ity in an executed and recorded w ritten agreement between t he City and property owner/developer to this effect.

SECTION 6. Except subject to procedures provided in Section 8 hereof, a development application for which a sewer connection to the Keller Beach Sanitary Sewer is required may be processed during the moratorium and any extension of the moratorium. However, the application shall be processed at the applicant’s sole cost and expense and with the understanding that no building permit shall be issued until the moratorium, including any extension of the moratorium, has expired and that, such permit may not be issued if it is inconsistent with any amendments to the municipal code, ordinances, or regulations that are amended by reason of the review that occurs during the moratorium.

SECTION 7. Term of Moratorium. In accordance with Government Code Section 65858, this Interim Ordinance shall be in full force and effect for a period of 22 (22) months and fifteen (15) days from the date of its adoption. The City Council may extend this Interim Ordinance
479

subsequently for one (1) year, pursuant to Section 65858. Any extension shall also require a public hearing and a four-fifths vote for adoption.

SECTION 8. Petition for Relief from Moratorium.

A. Any person (“Applicant”) who has applied for a permit from the City to construct a project requiring a KBSS sewer connection, on or before February 21, 2023, may submit to the Planning Commission a written application requesting relief from the Moratorium (“Request for Relief” or “Request”). The Request for Relief shall identify the Applicant’s name, address, and affected permit application number; and it shall state how the Moratorium, as applied to Applicant, would affect Applicant’s project (“Project”).

B. In deciding the question of whether relief shall be provided from the Moratorium, the Planning Commission shall make findings as to the Applicant’s:

1. Reasonable, investment-backed expectation;

2. Reasonable, economic use of subject property;

3. The timing and the impact of adding the KBSS connection; and

4. If the impacts to the Project are reasonable under the circumstances.

C. Public Hearing.

1. In deciding Applicant’s Request for Relief, the City Planning Commission shall conduct a public hearing on the Request and shall set a time and place for such hearing to be held within thirty (30) days of the City’s receipt of a complete Request.

2. At least ten (10) days before the public hearing, the City shall make available to the public copies of the Request for Relief in the office of the City Clerk.

3. Notice of t he public hearing shall be provided in accordance with Richmond Municipal Code Chapter, Article 15.04.803.

4. After receiving public comment, the Pla nning C ommission s hall approve, deny, or modify the Request for Relief based on the required findings of Section 8(B)(1-4) above within thirty (30) days following the hearing.

5. The City shall promptly notify Applicant in writing of the Planning Commission’s decision on the Request for Relief and shall state the reasons and grounds therefore. The City shall also mail notice of its decision to members of the public who have requested notice.

D. Appeal.

1. Any person aggrieved by the Planning Commission’s decision on Applicant’s Request for Relief may appeal to the City Council by submitting a written appeal to the City Clerk within ten (10) days of the date of decision date. The appellant shall remit the appeal fee listed in the City's Master Fee Schedule when submitting the appeal.

SECTION 9. The City Clerk shall certify to the passage and adoption of 480

this Interim Ordinance, causing it to be posted as required by law; thereafter, it shall be in full force and effect. As an urgency measure, the Interim Ordinance shall become effective immediately to ensure protection of the public’s health, safety, and welfare.

SECTION 10. For the term of this Interim Ordinance, as set forth in Section 7 hereof, the provisions herein shall govern. To the extent any conflict exists between the provisions of this Interim Ordinance and those of any City Code or any other ordinance, resolution, or policy, then all such conflicting provisions shall be suspended with respect hereto.

SECTION 11. This Interim Ordinance is enacted pursuant to the City of Richmond’s general police powers; Article II for the City’s Charter; Article XI of the California Constitution; and Government Code Section 65858.

SECTION 12. Severability. If any section, subsection, sentence, clause, or phrase of this Interim Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Interim Ordinance’s remaining portions. The City Council declares that it would have adopted this Interim Ordinance, and each section, subsection, sentence, clause, and phrase thereof, irrespective of t he fact that any one or more section(s), subsection(s), sentence(s), clause(s), or phrase(s) be declared invalid.

-----------------------------
481

I hereby certify that the foregoing Interim Ordinance was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held April 4, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney
482

CITY COUNCIL REPORT

ISSUED PURSUANT TO GOVERNMENT CODE
SECTION 65858(d)

DATE: March 23, 2023

SUBJECT: Report on Measures Taken Following Adoption of Interim Urgency Ordinance Number 02-23 N.S. Establishing a Temporary, 45-Day Moratorium

BACKGROUND: On February 21, 2023, the Richmond City Council adopted urgency-measure Interim Ordinance Number 02-23 N.S. (“Ord. No. 02-23 N.S.”), which established a temporary moratorium on the issuance of building permits requiring sewer connections to the Keller Beach Sanitary Sewer (“KBSS”); and further declaring an urgency thereof. Ord. No. 02-23 N.S. is set to expire on April 7, 2023.

Pursuant to California Government Code § 65858(b), an interim ordinance remains in effect for forty-five (45) days from its adoption date and may be extended for twenty-two (22) months and fifteen (15) days following a noticed, public hearing and with a four-fifths (4/5) vote for adoption from the City Council, which would require six (6) of seven (7) votes. If adopted, the proposed extended interim ordinance would take effect immediately.

California Government Code § 65858(d) requires the City Council to issue a written report ten (10) days before the earliest of either: the interim ordinance’s expiration; or, prior to the extension’s adoption. The report shall describe measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption.

Ordinance Number 02-23 N.S. will expire on April 7, 2023; thus, this report’s date of issue satisfies the requirements of California Government Code § 65858(d).

DISCUSSION: The Public Works and Planning Department(s) (collectively, the “Departments”) are actively reviewing and analyzing the totality of circumstances facing the KBSS line.

The Departments face a complex situation with this pipeline, especially given the seriousness of the sanitary sewer issues it presents. The lack of straightforward, easy solutions adds to the complexity. Challenges include but are not limited to: defining and evaluating potentially viable solutions; the cost of any such proposed solution; the geographical difficulties the site presents both on land and in water; and, the inherently sensitive environmental and public health concerns central to this situation. The Departments will take a multi-pronged approach to addressing the matter; specific activities being undertaken currently include the following:

 Analyzing and evaluating NCE-Coastland’s Keller Beach Sanitary Sewer CCTV Review and Assessment Report, dated January 3, 2022 to understand and define the critical issues and to prioritize the myriad issues impacting the KBSS line and public safety;

 Researching and evaluating best-practices for addressing pipeline engineering and identifying proven technological or mechanical interventions while maintaining public-safety protections;

 Analyzing the need for additional information and studies and determining which categories of consultants would be most useful and at which point in the process.

The above reflects actions undertaken during the short period necessary to extend the interim urgency ordinance in effect currently.

OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the drafted extension of the Urgency Ordinance at the City Council's Public Hearing to be held on April 4, 2023, in person or online via Zoom. The City will publish notice for this meeting pursuant to Government Code § 65090.
483

To participate in the Zoom video conference online meeting and obtain detailed information on how to provide public comment, please visit the City of Richmond, City Clerk’s Office website, Council Agenda Documents webpage at http://www.ci.richmond.ca.us/151/Council-Agenda- Documents and review the published agenda for the April 4, 2023 meeting. 484
8
68"-14.5'
6"-35'
8"-28'
12"-37'
6"-50'
6"-'
6"-48'
6"-40'
6"-73'
6"-58'
6"-65'
8"-65'
6"-55'
6"-73'
8"-'
6"-72'
6"-72'
12"-73'
6"-74'
6"-70'
6"-77'
6"-133'
6"-90'
6"-100'
8"-84'
6"-87'
6"-86.8'
6"-93'
6"-100'
6"-100'
6"-103'
6"-102'
6"-81'
6"-101'
6"-101'
6"-99'
6"-113'
6"-100'
6"-103'
6"-105'
6"-114'
6"-104'
6"-121'
6"-122'
21"-124'
36"-130'
6"-145'
12"-127.9'
21"-132'
6"-133'
6"-154'
6"-134'
6"-141'
6"-139'
6"-'
4"-146'
6"-150'
6"-149'
8"-106'
6"-137.5'
6"-151'
8"-150.5'
6"-150'
8"-152'
8"-159'
6"-155'
6"-155'
6"-257'
8"-152'
6"-165'
6"-176'
6"-170'
6"-161'
6"-172'
8"-170'
6"-175'
12"-173'
6"-176'
6"-178'
6"-181'
6"-175'
6"-157'
6"-160'
8"-344'
10"-185'
6"-196'
6"-215'
6"-175'
8"-201'
6"-200'
8"-205'
6"-216'
6"-192'
6"-193'
10"-207'
6"-220'
39"-227'
8"-219'
6"-220'
12"-218'
6"-220'
6"-218'
16"-223'6"-201'
6"-217'
6"-235'
6"-233'
6"-230'
6"-235'
6"-235'
10"-246'
12"-242'
6"-244'
6"-145'
10"-252'
6"-254'
6"-250'
6"-239'
6"-415'
12"-261'
8"-268'
12"-223'
6"-263'
8"-273'
6"-263'
10"-275'
6"-280'
6"-283'
6"-243'
6"-293'
6"-288'
6"-289'
6"-290'
6"-292'
12"-292'
10"-295'
6"-295.38'
6"-300'
8"-301'
12"-306'
8"-308.54'
6"-311'
10"-297'
6"-315'
12"-328'
6"-328'
8"-337'
6"-363'
12"-356'
6"-346'
8"-345'
6"-400'
6"-356'
6"-375'
8"-369'
6"-370'
6"-371'
12"-393'
15"-454'
6"-380'
36"-406'
12"-393'
6"-409'6"-422'
10"-422'
36"-418'
6"-434'
36"-441'
8"-456'
6"-476'
8"-250'
12"-514'
6"-518'
21"-674'
CASTRO
ST

TEWKSBURY AVE

PACIFIC AVE
GOLDEN
GATE
AVE
I 580
S

GARRARD
BLVD

CONTRA COSTA ST

WASHINGTON
AVE
W

RICHMOND
AVE
DORNAN
DR

MARINE ST

GRANDVIEW CT

WESTERNDR
SANTA
FEAVE

CREST AVE

BELVEDEREAVE
HIGHST

TREMONTAVE

LOBOS CT

CYPRESSPOINTRD

MARTINAST

CLARENCE ST

SUMMIT PL

LOBOSAVE

COTTAGE AVE
SCENIC
AVE

BISHOP ALY

OCEAN AVE

CASEYDR

NICHOLL AVE

PIEDMONTPL

RAILROAD AVE

TUNNEL AVE
EDDYST

DELFINO AVE

PARK PL

TERRACE
AVE

VINE AVE
ALLEY

WATER ST

CHEVRON WAY

BISHOP AVE
F7SS1
Keller Beach
Pump Station
1 inch = 350 feet
0 350 700
Feet
Legend
Sewer Fitting
Lamphole, Active
Lamphole, Private
Lamphole, Buried
Other
Wye
Sewer Manhole
Active
Buried
Abandoned
Sewer Structure
PumpStation
Sewer Force Main
Force Main
Sewer Gravity Main
Active
Relief
Abandoned
PUBLIC
WORKS

DEPARTMENT

KELLER BEACH LINE
Parcel Lines
Moratorium Parcels by Use Code
Fourplex
Single family, 1 residence on 2 or more sites Single family on other than single family land Single family residential, detached, w/common area (normal Subdivision type PUD); duets w/common area Single family, 2 or more residential on 1 or more sites Attached PUD s, cluster homes, co-ops, condos, townhouses, etc. Duplex
Triplex
Single family, 1 residence on 1 Site and Duets w/o common areas Apartments, 5-12 units, inclusive Residential Vacant, 1 site (includes PUD sites) Residential Vacant, 2 or more sites Residential Vacant, unbuildable Industrial Vacant Land (not part of industrial park or P. and D.) No Data
Common area parcels in PUD s (open spaces, recreational facilities) Government-owned, with or without buildings (federal, state, city, BART) Miscellaneous improvements, 1 site January 2022
485

1259\03\3451897.1

CITY OF RICHMOND

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Richmond has scheduled a public hearing for April 4, 2023, at 6:30 p.m. in accordance with Government Code Section 65858 to consider an urgency ordinance to impose a 10-month extension to the 45-day moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer; and, declared an urgency thereof within the Sewer Moratorium Area (map of affected properties is available online at: https://www.ci.richmond.ca.us/4219/Keller-Beach).

As such, no permits requiring new sewer connections may be issued or approved while the moratorium, including any extensions, remains in effect. The Ordinance creates a procedure for relief from the moratorium and established exemptions from same. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.

All interested persons are invited to give public comment by mail, eComment, email, and/or Zoom video conference or in-person in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item:

In-Person: seating in the Council Chambers will be limited to the first 39 people and masks are strongly encouraged. Interested persons having objections to or wishing to speak in support of this matter may appear and be heard before the City Council in the Council Chamber at 440 Civic Center Plaza, Richmond, California.

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

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m. the day of the meeting. Email MUST contain in the subject line, “Public Comments – Agenda Item #”. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.

Via Zoom: https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhIUIdQOUF1Zz09 Meeting ID: 99312205643
Passcode: ccmeeting
Or iPhone one-tap: US: +16699006833, 99312205643# or +13462487799, 99312205643# Or Telephone: Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

Copies of the proposed ordinance and staff report will be available for review on Friday, March 31, 2023, at https://www.ci.richmond.ca.us/4219/Keller-Beach and Engineering Division Office, 450 Civic Center Plaza, Richmond, CA 94804. Further information may be obtained from Robert Armijo, Deputy Public Works Director/City Engineer, e-mail: [email protected]
PLEASE TAKE NOTICE that if you challenge the adoption of the ordinance in court, you may be limited to raising only those issues you or someone else raised at public hearings before the City or in written correspondence delivered to the City at, or prior to, the public hearing.

By Order of the Richmond City Council:

Pamela Christian
City Clerk

Dated: March 23, 2023 Published: March 25 and April 1, 2023 AVISO: Para obtener ayuda interpretative con esta noticia, por favor llame a la oficina de la Secretaria Municipal, al (510) 620-6513.
486
487
488
489
490
[Ú
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2 !!2
!!2
!!2
!!2
!!2 !!2!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2 !!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2
!!2!!2
!!2
!!2!!2
!!2
!!2
!!2 !!2
!!2!!2
!!2
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1 $1
$1
$1
$1
$1
$1
$1 $1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
$1
Ð%î"
$1
$1
$1
$1
$1
$1
$1
Ð%î"
$1
$1
$1
$1
$1
$1
8 6
6"-5'
0-30'
6"-'
6"-40'
6"-35'
8"-28'
8"-66'
6"-33'
6"-48'
6"-48'
6"-'
6"-40'
8"-63'
6"-66'
6"-73'
6"-58'
8"-65'
6"-55'
6"-73'
8"-'
6"-72'
6"-72'
6"-73'
12"-80'
6"-75'
6"-70'
6"-77'
6"-74'
6"-90'
6"-100'
6"-87'
6"-86.8'
6"-93'
6"-100'
6"-100'
6"-97'
6"-103'
6"-102'
6"-81'
6"-96'
6"-99'
6"-97'
6"-114'
6"-104'
6"-100'
6"-'
6"-118'
6"-121'
6"-121'
6"-105'
6"-122'
6"-123'
0-159'
6"-129'
6"-145'
12"-127.9'
8"-168'
8"-130'
6"-133'
6"-109'
8"-156'
6"-154'
6"-134'
6"-135'
6"-144'
6"-141'
6"-139'
12"-136'
4"-146'
6"-150'
12"-148'
6"-149'
8"-106'
6"-137.5'
21"-149'
6"-151'
8"-150.5'
8"-152'
16"-154'
8"-159'
6"-155'
6"-155'
8"-152'
8"-294'
4"-130'
6"-165'
6"-176'
6"-164'
6"-170'
6"-175'
6"-161'
6"-172'
6"-172'
8"-170'
6"-175'
12"-173'
6"-176'
6"-175'
6"-181'
6"-175'
6"-157'
12"-206.5'
8"-344'
10"-185'
6"-196'
6"-215'
6"-175'
8"-201'
6"-200'
8"-205'
6"-216'
6"-192'
6"-193'
10"-207'
6"-220'
8"-219'
6"-220'
12"-218'
6"-220'
6"-218'
16"-223'6"-201'
6"-217'
6"-235'
6"-233'
6"-230'
6"-235'
6"-235'
10"-246'
12"-242'
6"-244'
6"-145'
10"-252'
6"-254'
6"-250'
6"-239'
6"-415'
12"-261'
8"-268'
12"-223'
6"-263'
8"-273'
6"-263'
6"-280'
6"-283'
6"-243'
6"-293'
6"-288'
6"-289'
6"-290'
6"-292'
12"-292'
6"-295.38'
6"-300'
8"-301'
12"-306'
8"-308.54'
6"-311'
6"-315'
6"-320'
12"-328'
6"-328'
8"-337'
6"-363'
12"-356'
6"-346'
8"-345'
6"-400'
6"-356'
6"-375'
6"-380'
8"-369'
6"-370'
6"-371'
12"-393'
12"-393'
6"-409'
6"-422'
10"-422'
6"-434'
36"-441'
8"-456'
6"-476'
8"-250'
6"-518'

WESTERN DR TEWKSBURY AVE

PACIFIC AVE
GOLDEN
GATE
AVE

MARINE ST

CONTRA COSTA ST

WASHINGTON AVE

W RICHMOND AVE

CASTRO ST

GRANDVIEW CT

SANTA FE AVE
S

GARRARD
BLVD

CRESTAVE

BELVEDERE
AVE
HIGHST
I 580

LOBOS CT

CYPRESSPOINTRD

MARTINAST

CLARENCE ST
VACCA
ST

SUMMIT PL

LOBOSAVE COTTAGE AVE

SCENICAVE

BISHOP ALY

CLIFFSIDE CT

OCEAN AVE

CASEY DR

NICHOLL AVE

PIEDMONT
PL

DORNAN DR

RAILROAD AVE

TUNNEL AVE
W

ASHINGTONCT
EDDYST

DELFINO AVE

PARK PL

TERRACE
AVE

VINE AVE
ALLEY
WATER
ST

BISHOP AVE
F7SS1
Keller Beach
Pump Station
1 inch = 300 feet
0 300 600
Feet
I
Legend
Parcels
Sewer Fitting
$1 Lamphole, Active
$1 Lamphole, Private
$1 Lamphole, Buried
Other
Ð%î" Wye
Sewer Manhole
!!2 Active
!!2 Buried
Sewer Structure
[Ú PumpStation
Sewer Force Main
Force Main
Sewer Gravity Main
Active
Relief
Abandoned
PUBLIC
WORKS

DEPARTMENT

KELLER BEACH LINE
Parcles Leading to Keller Beach Line
Use Code
Occupied
No Data
Common area parcels in PUD s (open spaces, recreational facilities) Government-owned, with or without buildings (federal, state, city, BART) Industrial Vacant Land (not part of industrial park or P. and D.) Miscellaneous improvements, 1 site Multiple Vacant
Residential Vacant, 1 site (includes PUD sites) Residential Vacant, unbuildable October 2021
491
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM., Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

March 14, 2023

Lina Velasco, Director of Community Development
City of Richmond
Community Development Department
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804

Dear Lina Velasco:

RE: Approval of the Sewer Moratorium

The purpose of this letter is to provide a determination to the City of Richmond (City) regarding the request to approve the adoption of Ordinance No. 02-23 N.S, a Sewer Moratorium (Moratorium) on housing and other development within an area of the City served by a failing sewer line. The California Department of Housing and Community Development (HCD) is statutorily required to provide determination regarding proposed moratoria (Gov. Code, § 66300, subd. (b)(1)(B)(ii)). HCD received a request for approval for the proposed Moratorium, reviewed relevant materials (e.g., Staff letter, Ordinance No. 02-23 N.S, conditions assessment report, etc.), and met with the City staff. Upon review of the written materials and discussion with the local agency, HCD has determined that the current conditions of the failing sewer line pose an imminent threat to the health and safety of persons residing in the area subject to the Moratorium.

Background

The Keller Beach Sanitary Sewer (KBSS) pipeline was constructed in 1959 and is located by Keller Beach in the San Francisco Bay. The KBSS serves 362 parcels, including 290 existing residences. Based on a commissioned study and assessment of KBSS in 2021, the City found that the inspected pipe is highly corroded and increasingly prone to cracks and breaks

1. The pipe is sagging under the force of
shifting sand and wave action. Some inspected portions are also full of sand, preventing conveyance of wastewater. Due to its location, access to KBSS for maintenance and repair is severely limited. The combination of poor conditions and infrastructure failures suggests a severe environmental harm that may not be remediated quickly. If additional wastewater is conveyed through KBSS, a pipeline failure could cause extensive environmental harm and threaten the health and safety of

1 Coastland Civil Engineering, Conditions Assessment Report, dated January 2, 2022,