Richmond City Council
April 4, 2023

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(S):

*REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, April 4, 2023, 5:00 p.m.

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

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
NOTICE: SEATING IN THE CHAMBERS WILL BE LIMITED TO THE FIRST 39 PEOPLE AND MASKS ARE STRONGLY ENCOURAGED.

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

HOW TO WATCH THE MEETING FROM HOME:

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

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

HOW TO SUBMIT PUBLIC COMMENTS:

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

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

Open Session and City Council: Please click the link below to join the webinar:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09

Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

Webinar ID: 993 1220 5643

International numbers available: https://zoom.us/u/aehrwCgISx

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

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

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

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.
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2 Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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

Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

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

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

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

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

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

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone 4/4/23 CC Mtg.
3 number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

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

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

Pages
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4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
.

C.1 CONFERENCE WITH LEGAL COUNSEL- WORKERS’ COMPENSATION CLAIMS (Pursuant to Government Code § 54956.95) (Two Employees) Claimant: Employee - Police Department
Five Claims: 18000105COR, 17000123COR, 21000065COR,
21000140COR. 21000141COR
Agency Claimed Against: City of Richmond
•
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Terminal One
Agency negotiators: Lina Velasco and Dave Aleshire
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
•
Property: Metro Walk Phase II at Richmond Transit Village Agency Negotiators: Nannette Beacham, Lina Velasco
Negotiating Parties: Pacific West Builders, Inc., San Francisco Bay Area Rapid Transit District
Under negotiation: Price and terms of payment (11th
Amendment/Disposition and Development Agreement)
•
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5 D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
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6 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

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

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) (public comment allowed under Open Forum)
N. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
O. PRESENTATIONS, PROCLAMATIONS, AND COMMENDATIONS (public comment allowed under Open Forum)
O.1 Recognition of Ramadan and Eid Al-Fitr 13
PROCLAMATION acknowledging Ramadan and Eid Al-Fitr - Councilmember Soheila Bana (510-620-6743) and Mayor Eduardo Martinez (510-620-6503).

P. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Q. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Q.1 City Clerk's Office
Q.1.a City Council Meeting Minutes 16
APPROVE the minutes of the March 7, 2023, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

Q.2 City Council
Q.2.a Oppose California Senate Bill 423 Streamlined Housing Approvals 25 ADOPT a resolution opposing California Senate Bill 423, as introduced (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) expansion – Councilmember Soheila Bana (510-620-6743).
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7 Q.3 Community Development
Q.3.a Approval to Attend the Community Village Symposium in Austin, Texas
31 APPROVE travel requests for Jesus M. Morales, Housing Manager, and Robert Armijo, Deputy Director of Public Works/City Engineer to attend the Symposium for Goodness’ Sake in Austin, Texas to learn about the Community First! Village model for addressing intractable homelessness – Community Development Department (Lina Velasco 510-620-6841).

Q.4 Finance Department
Q.4.a Ratification of the City Manager's Approval of three Emergency Expenditures Executed to Mitigate the Emergency Arising from January’s Rainstorms
40 RATIFY three expenditures approved by the Director of Emergency Services during the January 2023 activation of the Emergency Operations Center (EOC) to include contracts with Julian Tree Care, Inc., and Allied Universal Security Services, and a credit card transaction with Hyatt Place Emeryville, for a total amount of $174,000 – Finance Department (Nickie Mastay 510-620-
6609/Mubeen Qadar 510-412-2077).

Q.4.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of February 2023
146
RECEIVE the City’s Investment and Cash Balance Report and monthly Overtime Reports for the month of February 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

Q.5 Human Resources
Q.5.a Annual Compensation Adjustment for the City Clerk 161 APPROVE a salary adjustment for the City Clerk effective March 1, 2023, from $14,092.38 per month to $14,797 per month (a five percent increase) – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6602).

Q.6 Information Technology
Q.6.a Out-of-State Travel Approval for IT Manager and Senior Programmer to Attend the Annual Tyler Technology Conference in Texas 164
APPROVE travel requests for the Information Technology Manager and Senior Programmer to attend the Tyler Technology Connect23 Conference in San Antonio, Texas, which includes several presentations that align with the travel exception list – Information Technology Department (Sue Hartman 510-620-6874).
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8 Q.7 Library and Community Services
Q.7.a Memorandum of Understanding with West Coast Chess Alliance for Chess Programs and Tournaments at Various Community Centers 182
APPROVE the Memorandum of Understanding between the City of Richmond and West Coast Chess Alliance for afterschool chess lessons, and tournaments at various Community Centers from April 5, 2023, to December 31, 2028 – Community Services Department (Ranjana Maharaj/Tetteh Kisseh 510-620-6919).

Q.7.b First Contract Amendment with Weigh of Life for Workforce Development Services
200
APPROVE a first amendment to the contract with Weigh of Life, in the amount of $12,000, for a new total contract amount not to exceed $28,000, to continue providing workforce development services in support of the Department of Labor’s CAREER grant, with a contract term extending through August 19, 2023 – Community Services Department (Tamara Walker 510-307-8006).

Q.7.c Contract with the Richmond Police Activities League to Provide Workforce Training and Work Experience Opportunities
311
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).

Q.7.d Sole-Source Agreement with Columbia Technology Corporation (CTC)
372
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 Department/Library Division (LaShonda White/Christopher Larsen 510-620-5524).

Q.7.e Grant Award from the Chevron Community Engagement Foundation 396 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/Office of Neighborhood Safety (Sam Vaughn 510-620- 5404).
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9 Q.8 Mayor's Office
Q.8.a Appointment to the Rent Board 401
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).

Q.8.b Appointment to Rent Board 405
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).

Q.9 Police Department
Q.9.a First Amendment to the Contract with Advance Crime Scene Restoration
410
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).

Q.10 Public Works
Q.10.a 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. 437
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).

R. PUBLIC HEARINGS
R.1 Interim Ordinance Extending Urgency Ordinance No. 02-23 472 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).
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10 R.2 Zoning Text and Map Amendments to codify the Richmond Livable Corridors Form-Based Code (FBC) as new Series 15.04.400 in the Richmond Municipal Code (RMC), and other related consistency amendments
494
HOLD a public hearing; and INTRODUCE an ordinance (first reading) adopting the proposed Zoning Text and Map Amendments adding a new Series

15.04.400 Form-Based Code Zoning Districts in the Richmond Municipal Code (RMC), and associated amendments to Series 100 and 800 of the RMC – Community Development Department (Lina Velasco/ Hector Rojas 510-621- 1220/ Roberta Feliciano 510-620-6662).

S. NEW BUSINESS
S.1 The Latina Center & RCF Connects Presentations 910
RECEIVE a presentation from The Latina Center and RCF Connects in recognition of International Women’s Day and Women’s History Month – City Manager’s Office (Shasa Curl 510-620-6512). This item was continued from the March 28, 2023, meeting.

S.2 Chevron Hydrogen Project Legal Services Agreement 940 APPROVE a legal services agreement with Aleshire & Wynder for legal representation related to a proposed Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to exceed $85,000 to be paid by fees collected from the project applicant - City Attorney’s Office (James Atencio 620-6509). This item was continued from the February 21, 2023, February 28, 2023, and March 7, 2023, meetings.

S.3 Contract with The Pivotal Group Consultants, Inc. 964 APPROVE a contract and draft scope of work with The Pivotal Group Consultants, Inc., to host a City Council teambuilding retreat, and assist in developing and implementing a City-wide strategic plan, in an amount not to exceed $156,890 for a four (4) to six (6) month term, with an option to extend for an additional six (6) to twelve (12) months for an additional $131,906. The April 18, 2023, study session City Council meeting will enable the City Council to refine the scope of work and goals for their strategic planning priorities and collective goal setting to inform development of the fiscal year 2023-24 budget hiring, recruitment, retention, updating performance measures, and assist with informing evaluations for all City staff members – City Manager’s Office (Shasa Curl 510-620-6512).

S.4 Richmond Rapid Response Fund (R3F) Update 1027
RECEIVE a report from the Richmond Rapid Response Fund Program (R3F) including updates on funds disbursed, residents served, and strategic plan and guaranteed income program development; and PROVIDE direction to City staff – Community Development Department/Community Services Department (Lina Velasco 510-620-6841/LaShonda White 510-620-6828).

T. ADJOURNMENT
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11 ________________________
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12

April 4, 2023

City Council

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

Councilmember Bana and Mayor Martinez

Subject:

Recognition of Ramadan and Eid Al-Fitr
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The City of Richmond supports the American Muslim
Community and the observance of Ramadan and Eid Al-
Fitr
RECOMMENDED ACTION:

Proclamation acknowledging Ramadan and Eid Al-Fitr.

Councilmember Soheila Bana (510-620-6743) and Mayor
Eduardo Martinez (510-620-6503).

DISCUSSION:

The City Council respects all people, all cultures, and all religions. There is a large Muslim community residing in the City of Richmond who need to be acknowledged as their religion needs to be respected. The Muslim-American community are usually AGENDA
REPORT
13

April 4, 2023
active in charitable works and their charitable activities intensify during the month of Ramadan and observance of Eid Al-Fitr.

The Islamic calendar follows the phases of the moon, commonly known as the lunar cycle. As a result, the Holy month of Ramadan falls approximately 10 days earlier each year in the Gregorian calendar. The Ramadan start date for 2023 began on Thursday 23 March. Lasting for 29 days, Ramadan will end with the celebratory day of Eid al-Fitr on Friday, April 21.

To read more about Ramadan, please visit the Islamic Society of North American (ISNA) webpage at https://isna.net/month-of-ramadan/ or another website of your choosing.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
14 CITY OF RICHMOND, CALIFORNIA

P R O C L A M A T I O N

COMMEMORATING THE OBSERVANCE OF RAMADAN AND EID AL-FITR AND

SUPPORT FOR THE AMERICAN MUSLIM COMMUNITY

WHEREAS, the City of Richmond recognizes the significance of Ramadan and Eid Al -Fitr for the Muslim community, and;
WHEREAS, the City of Richmond acknowledges the diversity of its residents and values the contributions made by members of the Muslim community to the City’s social, cultural, and economic fabric, and; WHEREAS, the City of Richmond condemns all forms of discrimination, hate crimes, and prejudice, including Islamophobia, and is committed to ensuring that all residents are able to practice their religion freely without fear of persecution or bias, and;
WHEREAS, the City of Richmond recognizes that Ramadan and Eid Al-Fitr are times of joy, reflection, and celebration for Muslims, and appreciates the efforts of the Muslim community in organizing events and activities that promote unity, understanding, and respect among all residents, and; WHEREAS, the City of Richmond supports efforts to promote interfaith dialogue, foster mutual understanding, and promote respect for diversity and human rights; WHEREAS, the act of fasting calls for Muslims to practice self-discipline and sacrifice, as well as reflect upon and show compassion for the poor and less fortunate; therefore Muslims increase their charitable activities during this month to help those in need;
WHEREAS, the City of Richmond declares its support for the Muslim community during the holy month of Ramadan and the celebration of Eid Al-Fitr, and;
WHEREAS, the City of Richmond acknowledges and supports its Muslim employees observance of Eid Al-Fitr by using their accrued leave to take a day off work, and; WHEREAS, the City of Richmond recognizes the importance of combatting Islamophobia and promoting tolerance and understanding, and encourages all residents to celebrate diversity and embrace different cultures, traditions, and religions, and;
WHEREAS, the City of Richmond encourages residents to join the Muslim community in their celebrations, participate in events and activities, and learn more about the culture and values of Islam.

NOW, THEREFORE BE IT RESOLVED, that the City of Richmond pledges to continue working with the Muslim community and other faith-based organizations to promote interfaith dialogue, mutual understanding, and respect for diversity and human rights.

Eduardo Martinez
__________________________
Eduardo Martinez
Mayor

Dated: April 4, 2023
Soheila Bana
__________________________
Soheila Bana, PhD
Councilmember
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RICHMOND, CALIFORNIA, March 7, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:31 p.m. by Vice Mayor Gayle McLaughlin.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, and Vice Mayor Gayle McLaughlin. Absent: Councilmembers Melvin Willis and Cesar Zepeda arrived after the roll was called. Mayor Eduardo Martinez was absent for the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  City of Richmond v. Pacific Gas & Electric
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 1324 Canal Boulevard (General Warehouse, Port of Richmond) Agency negotiators: Dave Aleshire, Lizeht Zepeda, and Nannette Beacham
Negotiating parties: Richmond Grown
Under negotiation: Price and terms of payment

 Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Anita Luck, Lina Velasco, Jesus Morales, and Nannette Beacham
Negotiating parties: Miraflores Community Devco, LLC
Under negotiation: Price and terms of payment
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA
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5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (Limited to items on the Closed Session agenda only)
The following individuals gave comments in-person: Tania Swartz, Jesus Beltran, Kevin Tisdell, Rosanne Rykin, Tiara Gonzales, and Gregory Everetts. Fidencio Morales and Naomi Williams gave comments via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:48 p.m. Closed Session adjourned at 6:44 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:47 p.m. by Vice Mayor Gayle McLaughlin.

G. ROLL CALL

Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, and Vice Mayor McLaughlin. Absent: Mayor Martinez was absent for the entire meeting.

H. STATEMENT OF CONFLICT OF INTEREST
None.

I. AGENDA REVIEW
Item N.7.d was continued to March 21, 2023, and Item Q.3 was continued to the March 28, 2023, City Council meetings. The council requested that Item N.7.d be placed on the future agenda as a discussion item and not on the Consent Calendar.

J. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (existing litigation) staff provided a status report on the case regarding Pacific Gas & Electric and the council gave direction to its negotiators concerning a settlement.

Item C.2 (anticipated litigation) the one case was not discussed.

Item C.3 (real property negotiations) staff provided a status report on the property located at 1324 Canal Boulevard and direction was given concerning negotiations. The property at South 45th Street was not discussed.

Item C.4 (labor negotiations) there was a discussion on the status of the various negotiations and direction was given to the city's labor negotiations representatives for continued negotiations.

K. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Ms. Curl reported that the Federal Emergency Management Agency (FEMA) trailer was located in the Nevin Avenue parking lot between 24th and 25th streets to assist with disaster recovery for residents impacted by recent storms. Residents were encouraged to call the City Manager's Office at (510) 620-6512 with questions or for assistance. Ms.

Curl announced that the City of Richmond's 16th Annual Sisters in Solidarity International Women's Day Celebration was on March 11, 2023, at the Richmond Memorial Convention Center Auditorium. Community members were encouraged to contact Trina Jackson-Lincoln at (510) 620-6581 with questions. Ms. Curl also announced that the city was conducting a survey for community input regarding the 17 cc07Mar2023 – sl/prc

Hilltop Horizon Specific Plan by visiting www.hilltophorizon.com. The survey was scheduled to close on March 15, 2023, at 12:00 p.m. Residents with questions concerning the specific plan or survey were encouraged to contact Roberta Feliciano at (510) 620-6662.

L. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Public Works Director Daniel Chavarria presented a PowerPoint that highlighted the following for the month of February 2023: Dumpster days in the East Shore and Parkview neighborhoods; illegal dumping; encampment abatement; 185.28 total tonnages abated; weed abatement; recreational vehicle dismantling; graffiti removal; 2,280 total abatement staff hours; and partnerships. Discussion ensued. The council requested staff to quantify the costs for trash removal with future abatement reports; and confirm if the Marina Bay neighborhood dumpster day scheduling was addressed.

M. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in-person:

Julie and Rick Perez gave comments regarding the police shooting involving their son Pedie Perez. Mrs. Perez expressed concerns regarding community policing. Mr. Perez shared his observations at the scene of a police investigation involving a descendant near Richmond railroad tracks.

Michael Gliksohn and Jane Courant expressed appreciation for the new City Council.

Mr.Gilksohn gave comments in support of the Public Works abatement report. Mr.

Gilksohn acknowledged the work done to restructure public debt to improve the city's credit rating. Ms. Courant gave comments in support of decisions made by the current council to improve life in the city.

Joe Puleo expressed appreciation for the civil tone of the new City Council. Mr. Puleo recommended the council consider dump permits for Richmond residents to help with costs. Mr. Puleo advised that the presence of dumpsters in the city and illegal dumping sites attracted more illegal dumping.

Ken Lind expressed concerns regarding the death of Pedie Perez. Mr. Lind suggested that Richmond police were not being funded correctly. Mr. Lind urged the council to pay competitive wages.

Kathleen Whimer expressed appreciation for the new City Council and in-person meetings. Ms. Whimer gave comments in support of the city's illegal dumping abatement efforts. Ms. Whimer gave comments in support of postponing Consent Calendar Item N.7.d concerning a contract for historic resource evaluations.

Jamin Pursell expressed appreciation for in-person meetings and encouragement of the new City Council for the diversity and resiliency of the city. Mr. Pursell gave comments in support of community art and culture. Mr. Pursell expressed concerns regarding wood pellets, deforestation, and the potential funneling through Richmond. Mr. Pursell urged the council to look into the matter and create green jobs that protected the planet and the future.

Tony Tomayo expressed appreciation for in-person meetings and the new City Council.

Mr. Tomayo urged the council to consider the arts community in their policy-making decisions.

18 cc07Mar2023 – sl/prc

The following individuals gave comments via teleconference:

Mark Wassberg expressed appreciation to the City Manager's Office for assistance with a housing application. Mr. Wassberg expressed concerns regarding the vice mayor conducting the City Council meeting in the mayor's absence.

Naomi Williams on behalf of the Neighborhood Block Association announced the annual Richmond Juneteenth event scheduled for June 17, 2023, at Nicholl Park. Ms. Williams urged the council and community members to sign up for participation in the parade or for vending.

Tarnel Abbott gave comments in support of Consent Calendar Item N.4.a regarding a contract for library materials and services. Ms. Abbott advised difficulty opening City Council agenda documents on the city's website. Ms. Abbott requested that the sea level rise presentation presented by Christina Hill at the February 28, 2023, City Council meeting be published on the city's website. Ms. Abbott expressed appreciation for neighborhood dumpster days and recommended that Richmond Sanitary Service be forced to pay for bulky item pickups for multifamily dwellings. Ms. Abbott stated she was hopeful that metal recycling was happening with illegal dumping.

N. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Willis
Seconded by Councilmember Bana
To approve all items on the Consent Calendar excluding Item N.7.d.

Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Vice Mayor McLaughlin Absent (1): Mayor Martinez
Passed (6 to 1)

N.1 City Council
N.1.a Resolution Opposing Initiative 21-0042A1
ADOPT a resolution opposing initiative 21-0042A1 Restricting Voters’ Input and Local Taxing Authority – Mayor Eduardo Martinez, Councilmembers Soheila Bana and Claudia Jimenez (510-620-6581).

Adopted Resolution No. 23-23
N.2 Community Development
N.2.a Contract Amendments Related to Castro Encampment Resolution Project for Security and Fencing
APPROVE a Second Amendment to the contract with Ascend Professional Services, LLC to increase the contract amount by $732,996, for a total contract amount of $1,107,996, to provide security guard services, for a term ending on June 30, 2024; and APPROVE a First Amendment to the contract with Chainlink Fence and Supply, Inc. to increase contract amount by $69,029, for a total contract amount of $93,538, for fencing installation at the Castro Encampment, with a term extending through December 31, 2023. Both contract amendments will be 19 cc07Mar2023 – sl/prc

paid using grant funds received for the Castro Encampment Resolution Project – Community Development Department (Lina Velasco/Jesus M.

Morales 510-620-6706).

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

Adopted Resolution No. 24-23
N.4 Library and Community Services
N.4.a Contract with Baker and Taylor for Purchase of Library Materials and Services
APPROVE the purchase of library materials for the Richmond Public Library from Baker and Taylor, Inc., in an amount not to exceed $1,500,000, over a three-year period ending June 30, 2025, with two one-year options – Community Services Department (LaShonda White 510-620-6828/Wylendia Eastman 510-620-6963).

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

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

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

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

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

20 cc07Mar2023 – sl/prc

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

Adopted Resolution No. 25-23
N.7.b Preparation of the Engineer’s Report for Fiscal Year 2023-2024 for the Marina Bay Landscape and Lighting Maintenance District
ADOPT a resolution ordering the preparation of the annual engineer’s report for Fiscal Year 2023-2024 regarding improvements and costs for the Marina Bay Landscape and Lighting Maintenance District – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

Adopted Resolution No. 26-23
N.7.c Tom Horton Memorial Bench Donation
APPROVE the donation of a memorial bench dedicated to Tom Horton to be installed at Barbara and Jay Vincent Park – Public Works Department (Daniel Chavarria/Greg Hardesty 510-620-6920).

N.7.d Contract with Wiss, Janney, Elstner Associates, Inc. (WJE) for Historic Resource Evaluations
APPROVE a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE), in an amount not to exceed $250,000, for a term ending June 30, 2024, to provide evaluation and related design services of certain historic structures at Winehaven Historic District and Shipyard No. 3 Historic District – Public Works Department (Daniel Chavarria 510-620-5478/Lina Velasco 510-620-6841). This item was continued from the February 21, 2023, and February 28, 2023 meetings.

Continued to the March 21, 2023, City Council meeting.

O. PUBLIC HEARINGS
City Clerk Pamela Christian announced that it was time, pursuant to public notice, to hold a public hearing.

O.1 Hold a public hearing to consider approval of an Encroachment Agreement Application for a private landowner encroachment into the unimproved public right-of-way at 8 Western Drive.

ADOPT a resolution to approve an Encroachment Agreement Application for private landowner fence encroachment into the unimproved public right-of-way at 8 Western Drive; and DIRECT City staff to enter into an Encroachment Agreement regarding same to be recorded on the landowner’s property title – Public Works Department (Daniel Chavarria/Robert Armijo 510-620-5477).

Vice Mayor McLaughlin announced the public hearing procedure. Public Works Director Daniel Chavarria introduced the matter. Robert Stevens of CSW/Stuber-Stroeh Engineering Group (CSW|ST2) presented a PowerPoint presentation that highlighted the following: property images, vicinity, and site maps; encroachment reason and requirements; and the city engineer's findings. 21 cc07Mar2023 – sl/prc

Discussion ensued. Vice Mayor McLaughlin declared the public hearing opened.

The applicant's legal representative, Allan Moore, was given a total of eight minutes and summarized a letter emailed to the council in agreement with the staff report, proposed resolution, and findings in favor of the encroachment agreement. The applicant's design consultant, Michael Moloti, concurred with Mr. Moore and recommended that the installation of a sidewalk as proposed by CSW|ST2 be a gravel shoulder in lieu of a concrete sidewalk. The applicant, Ana Ortiz, gave comments regarding the vitalness of the fence and its necessity for safety concerns. The principal opponent, Richard Katz, was also allowed eight minutes and provided the history of the matter and reasons for registering a complaint with the city. The following individuals gave comments in-person:

Lesli Handmacher, Joe Puleo, and Jamin Pursell. The following individuals gave comments via teleconference: Lousie G., Sara Cantor, Sophia Ortiz, Ron Park, Mark Wassberg, Chloe Affel, Ben Zicherman, Joyce Lopez, and Eli Berland. Mr.

Moore and Mr. Katz each gave two-minute rebuttal statements. Vice Mayor McLaughlin closed the public hearing. Further discussion ensued. The council suggested that a graph of the general site area showing distinctions between adjacent property lines and encroachments would be helpful for future discussion.

The council requested the city attorney to look into charging a fee as part of the city's encroachment process and determine if it should be retroactive.

Motion by Councilmember Zepeda
Seconded by Vice Mayor McLaughlin
To approve the staff recommendation and add the option to install a sidewalk as proposed by CSW|ST2. A friendly amendment by Councilmember Robinson, to direct staff to investigate the other properties along Western Drive to determine if there was an encroachment and if there was, consider extending the sidewalk, was accepted.

Ayes (4): Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, and Vice Mayor McLaughlin
Noes (2): Councilmember Bana and Councilmember Jimenez
Absent (1): Mayor Martinez
Passed (4 to 3)
Adopted Resolution No. 27-23
P. BUDGET SESSION
P.1 Fiscal Year 2022-2023 Mid-Year Review
REVIEW the FY 2022-2023 mid-year budget which includes proposed budget adjustments increasing General Fund revenue by $8,260,793 and expenditures by $7,726,484, and increasing Non-General Fund revenue by $4,179,075 and expenditures by $1,358,660; and PROVIDE DIRECTION to staff – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/Delmy Cuellar 510-620-6740).

City Manager Shasa Curl introduced the matter. Ms. Curl, Finance Director Delmy Cuellar, Accounting Manager Antonio Banuelos, Deputy City Manager Internal Services Nicky Mastay, and Budget Administrator Mubeen Qader presented a PowerPoint that highlighted the following: State audit recommendations; background information; General Fund expenditure and revenue; mid-year budget review and adjustments; options for council consideration; proposed mid-year budget; pending budget requests; responses to councilmembers questions; and next steps. Discussion ensued. The council 22 cc07Mar2023 – sl/prc

recommended staff make public the information that was provided for the state audit in terms of the forecasting used and data calculations. The council expressed concerns regarding negative fund balances for the Engineering Division's reimbursable grants. Staff clarified that the potential start date was June 1, 2023, not 2026 for Option B in the presentation regarding remote meetings for boards, commissions, and committees. The council requested the following: more information on utilizing American Rescue Plan Act funds to address remote meetings and city-wide paving, sidewalks, and traffic calming; risk levels since the year 2005; additional options to address the state audit; move proposed mid-year budget expenditure adjustment items that were not previously approved to the list of options for council consideration; determine if the proposed budget expenditure for Mark43 Fire CAD upgrade and hardware was previously voted on by the council; and options to gradually increase the risk level reserve.

The council recommended staff hold off and return to the council with expenditure adjustments categorized by department; and add a line item or section to the proposed expenditures on pages 12-13 of the presentation for revenue-generating items. (At 10:59 p.m. - a motion by Councilmember Willis, seconded by Councilmember Jimenez, to extend the meeting to finish Item O.1 and hear the public speakers before adjournment, passed by the following vote:

Ayes: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, and Vice Mayor McLaughlin. Noes: None. Abstentions: None. Absent: Mayor Martinez). Oscar Seriano gave comments in-person. Tarnel Abbott and Mark Wassberg gave comments via teleconference. Further discussion ensued. The council requested staff to postpone this matter and provide by March 10, 2023, the proposed mid-year budget expenditure adjustment items that were not previously approved by the council. Vice Mayor McLaughlin encouraged the council to review the proposed mid-year budget adjustments categorized by department attached to the staff report as "Attachment 2", and provide any opposition and comments to staff before March 10, 2023.

Q. NEW BUSINESS
Q.1 Legal Services Agreement with Aleshire & Wynder, LLP for legal services in connection with proposed Chevron Hydrogen Fuel project and Reimbursement Agreement with Chevron
APPROVE a legal services agreement with Aleshire & Wynder for legal representation related to a proposed Chevron Hydrogen Fuel project, with the term expiration date of June 30, 2024, and for a total amount not to exceed $85,000 and APPROVE a Reimbursement Agreement between the City and the project applicant (Chevron) such that project applicant reimburses for City staff and the City’s environmental consultants’ costs and expenses - City Attorney’s Office (James Atencio 510-620-6509). This item was continued from the February 21, 2023, and February 28, 2023 meetings.

Continued to the March 21, 2023, City Council meeting.

Q.2 Contract with The Pivotal Group Consultants, Inc.

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

Continued to the March 21, 2023, City Council meeting.
23 cc07Mar2023 – sl/prc

Q.3 Report by the West Contra Costa Fire Safe Council
RECEIVE a presentation from West Contra Costa Fire Safe Council (WCCFSC) regarding its mission, objectives, and achievements – Fire Department (Chief Angel Montoya 510-307-8041). This item was continued from the December 20, 2022, January 24, 2023, and February 28, 2023, meetings.

Continued to the March 28, 2023, City Council meeting.

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)
None.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:10 p.m., in memory of David Moore, to meet again on March 21, 2023.

Clerk of the City of Richmond Mayor

24

April 4, 2023

City Council

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

Councilmember Soheila Bana

Subject:

Oppose California Senate Bill 423 Streamlined Housing
Approvals
FINANCIAL IMPACT: There is no financial impact related to adopting this resolution

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

In 2017, the Legislature passed, and the Governor
signed SB 35. This law makes the approval of multifamily developments, many of which meet inadequate criteria,
“ministerial” actions. As a result, the approval of these developments pre-empts local discretionary land use
authority, bypasses the California Environmental Quality Act (CEQA), and ignores public input.

RECOMMENDED ACTION:

ADOPT a resolution opposing California Senate Bill 423, as introduced (Wiener) Streamlined housing approvals:
multifamily housing developments: SB 35 (Chapter 366,
Statutes of 2017) expansion – Councilmember Soheila
Bana (510-620-6743).

DISCUSSION:

Background: In 2017, the Legislature passed, and the Governor signed SB 35. This law makes the approval of multifamily developments, many of which meet inadequate AGENDA
REPORT
25

April 4, 2023
criteria, “ministerial” actions. As a result, the approval of these developments pre-empts local discretionary land use authority, bypasses the California Environmental Quality Act (CEQA), and ignores public input.

City officials intimately understand the housing crisis as it plays out in their communities every day. Local leaders are working to find creative solutions so homes of all income levels can be built.

Cities are finalizing local housing plans that will identify sites for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

The City of Richmond has many housing development projects that the Richmond City Council needs the ability to review and make decisions that work best for Richmond, its residents and potential residents.

SB 423 is the latest overreaching bill, and would force cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. This is why the City of Richmond is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development.

Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Resolution
Attachment 2 – Sample Opposition Letter
26 RESOLUTION NO. XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, OPPOSING SB 423 (WIENER) LAND USE: STREAMLINED HOUSING APPROVALS:

MULTIFAMILY HOUSING DEVELOPMENTS

WHEREAS, SB 423 would greatly expand SB 35 (Chapter 366, Statues of 2017) provisions and eliminate the January 1, 2026 sunset date, permanently requiring cities to ministerial approve certain housing projects without public input or environmental review; and

WHEREAS, SB 423 was heard in the Senate Committee on Housing on March 21, 2023 and many local cities sent letters of opposition to the Senate Committee on Housing and legislators; and

WHEREAS, SB 423 would remove the 2026 sunset and make SB 35 statutes permanent; and

WHEREAS, the passing of SB 423 applies SB 35 provision to cities that have not been found in substantial compliance with housing element law by the department; and

WHEREAS, SB 423 would apply SB 35 provisions to developments in the Coastal Zone; and

WHEREAS, SB 423 would allow the state to approve housing developments on property they own or lease without being required to follow local zoning and development standards; and

WHEREAS, SB 423 prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35

NOW, THEREFORE, BE IT RESOLVED that the Richmond City Council hereby opposes the Senate Bill 423 (Wiener) Streamlined housing approvals: multifamily housing developments:

SB 35 (Chapter 366, Statutes of 2017) expansion.

BE IT FURTHER RESOLVED that the City Manager will delegate its staff to send an opposition letter to Congressman Garamendi and Assembly member Buffy Wicks

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

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

AYES:

NOES:
27 ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. XX, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on INSERT DATE ADOPTED.

Pamela Christian, Clerk of the City of Richmond

28 Please also email a copy to your legislator(s) and [email protected] as well as your Regional Public Affairs Manager.

***CITY LETTERHEAD***

DATE

The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814

RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments:

SB 35 (Chapter 366, Statutes of 2017) Expansion.

Notice of Opposition

Dear Senator Wiener:

The Your City/Town writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

Your City/Town intimately understands this crisis as it plays out in our community every day.

Local leaders are working to find creative solutions so homes of all income levels can be built.

They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development. 29 [If you have specific examples of the impact of this bill on your city/town, please include here.]

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, Your City/Town respectfully opposes your measure,

Sincerely,

NAME
TITLE
CITY/TOWN of ______________

Cc: Your Senator(s) and Assembly Member(s)
Your Cal Cities Regional Public Affairs Manager (via email) League of California Cities (Via email: [email protected])

30 April 4, 2023

Community Development

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

Lina Velasco, Director of Community Development
Daniel Chavarria, Director of Public Works

Subject:

Approval to Attend the Community Village Symposium in
Austin, Texas
FINANCIAL IMPACT: The potential cost is approximately $2,500 per person for lodging, registration, and airfare.
01231031-400243

PREVIOUS COUNCIL
ACTION:

The City Council adopted Resolution No. 92-17 banning
travel to states that have enacted laws that discriminate against the LGBTQ community. On February 21, 2023,
the City Council authorized Vice Mayor Mclaughlin,
Councilmember Bana, and Councilmember Zepeda to
attend.

STATEMENT OF THE
ISSUE:

Approval by the City Council is needed to authorize
travel to a state listed as having enacted laws that
discriminate against the LGBTQ community. Eligible
exceptions may apply to allow travel.

RECOMMENDED ACTION:

APPROVE travel requests for Jesus M. Morales, Housing
Manager, and Robert Armijo, Deputy Director of Public
Works/City Engineer to attend the Symposium for
Goodness’ Sake in Austin, Texas to learn about the
Community First! Village model for addressing
intractabl e homelessness – Community Development
(Lina Velasco 510-620- 6841).

AGENDA
REPORT
31 April 4, 2023
DISCUSSION:

The April 25-27, 2023, Symposium for Goodness’ Sake (see Attachment 2) is an in- person event in Austin, Texas addressing the very successful model to address intractable homelessness. Vice Mayor McLaughlin, and Councilmembers Bana and Zepeda are attending the symposium to learn about the Community First! Village model for consideration in Richmond and Contra Costa County. City staff is seeking approval to send Jesus M. Morales, Housing Manager, and Robert Armijo, Deputy Director of Public Works/City Engineer to participate in this information gathering trip.

Community First! Villages is a model designed for the chronically homeless and offers them permanent housing and community. It is a 51-acre master planned community in Austin, TX with tents, RVs, and tiny homes, for which residents pay rent while they live and work in the community. There are communal kitchens, art studios, a blacksmith studio, gardens in which to work, community events, an outdoor amphitheater, and many earn income by working the grounds or the kitchens or selling their arts and crafts. The county offers wrap around services on site and residents can access other jobs and services via bus. Those who have the greatest issues find a place in which they can heal. Those with childhood trauma tell the story of finding themselves for the first time. The larger community takes an active role in the solution, which revolves around the idea that “For our homeless friends to truly settle, heal and transform their lives, they need much more than four walls and a roof to no longer be homeless. They need relationships. They need dignity and a renewed sense of hope. They need community.”

The Community First! experience provides centralized social services, peer to peer support, and a quality of life not possible in shelters or on the street. It also provides an opportunity for the larger community to have a positive interaction with those in the program. Jurisdictions across the nation have been invited to the symposium.

City staff is requesting approval of this travel by the City Council since there is a ban on traveling to states that discriminate against the LGBTQ community per Resolution No. 92-17 (see Attachment 1).

As part of the approval process to travel to the symposium, the City Manager will have to sign Travel Request Forms upon approval by the City Council. City staff would like the City Council to consider the following exceptions and approve the subject staff’s travel to Texas request.

Resolution No. 92-17 provides for travel exceptions to be approved for the following reasons:

 For the protection of public health, welfare, or safety, as determined by the affected agency, department, board, authority, or commission;  Participation in events, conference, training, or other activities that have a stated purpose of advancing … pro-equality related issues that are directly relevant to 32 April 4, 2023
the city agency…

As noted above, this information gathering event will assist City staff in learning more about the Community First! Village model for consideration in Richmond and Contra Costa County.

Additional information about the symposium can be found at https://mlf.org/symposium/.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution No. 92-17
Attachment 2 – Symposium for Goodness’ Sake
33 Reso. No. 92-17

RESOLUTION NO. 92-17

RESOLUTION SUPPORTING THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,

INTERSEX, QUEER AND QUESTIONING (LGBTIQQ) COMMUNITY AND

ESTABLISHING A POLICY TO PREVENT CITY-FUNDED TRAVEL TO STATES

WITH LAWS DISCRIMINATING ON THE BASIS OF SEXUAL ORIENTATION,

GENDER IDENTITY OR GENDER EXPRESSION

WHEREAS, the State of California is committed to protecting civil rights, preventing discrimination, and taking action to avoid supporting or financing discrimination against lesbian, gay, bisexual and transgender people; and

WHEREAS, the City of Richmond has resolved to be a leading community in the protection of civil rights and preventing discrimination; and WHEREAS, Richmond Rainbow Pride is the first and only LGBTQ community organization in the City of Rich mond, comprised of lesbian, gay, bisexual, transgender, intersex, queer and questioning (LGBTIQQ) individuals and allies who liv e, work and gather in the Richmond community, coming together for the collective benefit of their fellow LGBTIQQ community members; and
WHEREAS, Richmond Rainbow Pride seeks to a dvocate for local po licy change to preserve and protect the rights of the LGBTIQQ community within the city of Richmond; and WHEREAS, in direct response to the landmar k Supreme Court’s decision in Obergefell v. Hodges in which the Court ruled that the fundamental right to marry is guaranteed to same-sex couples, there are bills passed and pending in state legislat ures across the country that are designed to allow discrimination against LGBTIQQ people in many aspects of their lives; and WHEREAS, there continue to be states that enact laws to void or repeal protections against discrimination on the basis of sexual orientation, gender identity, or gender expression, or that authorizes or require discrimination against same-sex couples or their families; and WHEREAS, Assembly Bill No. 1887 “State government: discrimination: travel” sponsored by California Assemb ly Member Low was lawfully passed in both houses of the legislature and chaptered in September of 2016 after being signed by Governor Brown; and WHEREAS, According to the California Department of Justice, Assembly Bill No. 1887 prohibits a state agency, department, board, or commission from requiring any state employees, officers, or members to travel to another state that, after June 26, 2015, has enacted a law that eliminates protections against discrimination on th e basis of sexual orientation, gender identity, or gender expression; and
WHEREAS, the City of Richmond should commit to a similar policy in order to continue to show commitment to antidiscrimin ation and represent the values of equity and acceptance.

NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council stands in solidarity and support of the LGBTIQQ commun ity in Richmond and across the country, and against the institutionalization of discriminatory laws across the country; and BE IT FURTHER RESOLVED that the Richmond City C ouncil supports the policies of the state of California established in Assembly Bill No. 1887 “State government:
discrimination: travel.”; and
BE IT FURTHER RESOLVED that the City of Rich mond, in concurrence with California Government Code § 11139.8, hereby adopt s the following policy prohibiting any city agency, department, board, or commission from requiring any city employees, officers, or members to travel to a state that, after June 26, 2015, has enacted a law that:
(1) has the effect of voiding or repealing existing state or loca l protections against discrimination on the basis of sexual orientation, gender identity, or gender expression; or 34 35
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/21/4/22/22/12/5/2/3/17
/15/2/13/11/3/23/i255/24/2/7/7/6/25/10/60
/56/71 /52/65/63/64/50/50/55
/68/47/45
/61/71/55 /49/50/55/52/72
/70/71/49 /50/52/50/53/53
/63/50/62/73/70/74/71/55/53
/5/4/27/i255/7/2/29/2/5/25/i255/6/3
/34/4/22/10/i255/2/5
/21/4/22/22/12/5/2/3/17
/15/2/13/11/3/23/i255/24/2/7/7/6/25/10/60
/64/70/50
/56/62/52/52/51/73/50
/75/45/60/44/28/28
/57/62/73/63/62/61/62/50/57/i255/62/63/66/71/49/50
/10/6/13/5/10/1/i255/20/17/i255/24/2/7/7/6/25/10
/5/10/2/25/34/20/4/13/11/i255/2/5/i255/44/48/44/45
/3/34/13/4/12/25/34
/21/4/22/22/12/5/2/3/17/i255/31/4/13/18/11
/6/5/1/i255/4/3/34/10/13/i255/22/2/14/13/4/76
/10/5/3/10/13/42/13/2/11/10
/4/42/42/4/13/3/12/5/2/3/2/10/11/60
/71/65 /55
/77/55/71 /73/55/51/49 /53
/53/65/77/77/71/55 /64
/71/65 /55 /i255/49/62/53/53/62/71/63
/38/2/29/10
/28/4/5/3/34/7/17
/41/10/13/29/2/5/25/i255/38/4/4/1/5/10/11/11/i255/41/2/5/14/10/i255/45/46/46/78 /21/79 /26/40/0/21/40/i255/80/41/i255/81/i255/21/0/9/82/82/9/41/i255/81/i255/15/0/19 /11/i255/81/i255/40/9/0/21/83/82/9/i255/35/79/38/84/26/i255/81/i255/38/82/40/i255/79/80 /9 /i255/82/28/0/84/35/41/i255/81/i255/85/9/84/24/0/21/86/i255/85/79/35/84/21/86 /15/84/26/87/i255/0/i255/40/9/80/21/83/i255/81/i255/0/85/85/35/86/i255/15/79/9 /i255/0/i255/32/79/28 /82/i255/81/i255/24/79/35/80/26/40/82/82/9/i255/81/i255/41/32/79/85/i255/81/i255/38/84/24/82/i255/26/79/31/i255/81/i255/38/84/24/82/i255/28/79/26/40/32/35/86 /88 /89/90 /91
/92/i255/28/4/20/2/7/10/i255/35/4/6/29/10/11/i255/93/i255/15/2/11/34/10/11/37/i255/44/48/45/94/76/85/13/10/11/10/5/3/i255/81/i255/46/68/48/45/i255/32/4/25/i255/82/17/10/i255/9/4/6/1/37/i255/41/12/2/3/10/i255/46/94/48/37/i255/0/12/11/3/2/5/37/i255/40/95/i255/69/78/69/44/47 /87/4/5/6/3/2/4/5/i255/85/13/4/14/10/11/11/2/5/25/i255/21/10/5/3/10/13/30/i255/28/6/18/10/i255/14/34/10/14/18/11/i255/42/6/17/6/20/7/10/i255/3/4/i255/28/4/20/2/7/10/i255/35/4/6/29/10/11/i255/93/i255/15/2/11/34/10/11/37/i255/84/5/14/60/37/i255/85/79/i255/96/4/58/i255/44/44/47/47/94/45/37/i255/87/6/7/7/6/11/i255/40/95/i255/69/94/44/44/44/76/47/47/94/45 39

April 4, 2023

Finance Department

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

Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager
Subject:

Ratification of the City Manager's Approval of three
Emergency Expenditures Executed to Mitigate the
Emergency Arising from January’s Rainstorms
FINANCIAL IMPACT: The three expenditures totaling $174,000 will be paid out of Fund 1304 – Emergency Operations and Disaster
Recovery Fund.
(1) Hyatt Place - $42,000; (2) Allied Universal Security Services - $72,000; and (3) Julian Tree Care - $60,000

PREVIOUS COUNCIL
ACTION:

January 9, 2023

STATEMENT OF THE
ISSUE:

Three expenditures were approved under the City
Manager’s authority as Director of Emergency Services
(“DES”) during the severe weather events arising in
January of 2023 during the activation of the Emergency
Operations Center (“EOC”). As such, City staff is
requesting that they are ratified by the City Council.

RECOMMENDED ACTION:

RATIFY three expenditures approved by the Director of
Emergency Services during the January 2023 activation
of the Emergency Operations Center (EOC) to include
contracts with Julian Tree Care, Inc., and Allied Universal Security Services, and a credit card transaction with
Hyatt Place Emeryville, for a total amount of $174,000 – Finance (Nickie Mastay 510-620-6609/Mubeen Qadar
510-412-2077).

AGENDA
REPORT
40

April 4, 2023
DISCUSSION:

The entire Bay Area, including Richmond, experienced heavy rains and flooding, from December of 2022 through mid-January of 2023. On January 3, 2023, the City of Richmond Police and Fire Departments responded to reports of a landslide on Seaview Drive. Due to the severe storms, the hillside above Seacliff Drive and Seaview Drive in the Brickyard Cove area became unstable and endangered residential homes on Seaview Drive. Due to the heavy rain, and out of abundance of caution, the residents of the endangered area homes were stron gly recommended to evacuate . That same day, the City of Richmond Emergency Operations Center (“EOC”) was activated to support the incident and protect the community.

On January 9, 2023, during a special Richmond City Council meeting, the City Council ratified the proclamation of emergency that was issued on January 3, 2023, by the Director of Emergency Services (City Manager). California Government Code Section 8630 and Richmond Municipal Code Section 2.20.060 empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when a city is affected or likely to be affected by a public calamity and the City Council is not in session, provided that the emergency proclamation is ratified by the City Council within seven days.

During the existence of the emergency, the Director of Emergency Services is empowered to “make emergency procurements of supplies and services when there exists a threat to public health, welfare, or safety” so long as City Council approval for contracts over $10,000 is obtained. As events unfolded, City staff was able to secure temporary shelter for the evacuated residents and their pets at the Hyatt Place in Emeryville. The Director of Emergency Services also procured security services from Allied Universal Security Services to monitor the evacuated residences. Finally, the City secured the services of Julian Tree Care company, to assist with downed tree s arising from the rainstorms.

The not-to-exceed compensation amounts of the individual expenditures were as follows:

 Hyatt Place - $42,000
 Allied Universal Security Services - $72,000
 Julian Tree Care - $60,000

Ultimately, the services procured from Hyatt Place cost $41,250. Allied Universal Security Services billed the City $42,400, and Julian Tree Services billed the City $12,500. City staff recommend that the City Council approve the emergency contracts issued under the EOC with Allied Universal Security Services and Julian Tree Care, and the emergency expenditure with Hyatt Place Emeryville paid via credit card.

41

April 4, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Emergency Contract with Allied Universal Attachment 2 – Emergency Contract Justification with Allied Universal Attachment 3 – Emergency Contract with Julian Tree Care, Inc.

Attachment 4 – Emergency Contract Justification with Julian Tree Care, Inc.

Attachment 5 – Emergency Expenditure Justification with Hyatt Place Emeryville Attachment 6 – Local Emergency Proclamation

42 CITY OF RICHMOND
Standard Contract Approval and Execution Routing Slip

Step 1: Staff Preparation Contractor Name:__________________________ Contract# _______BL#_______Exp. Date:_______ Description of Services ___________________________________________Vendor #___________ Department:_______________________ Project Manager:_________________ Phone:___________ Initial Contract Amount:$_________________________ Term of Contract: ____________________ Total Contract: $ ________________________________
Initial Contract: Amendm ent: 1 2 3 4 Amendment $__________ Check One Attach

1. Check Emergency Justification (Please Attach) One Sole Source Approval Signed (Please Attach) Evidence of Competitive Bidding (Please Attach)

2. Prepare Scope of Work

3. Add Insurance Provisions

4. Obtain Tentative Contractor Approval (Scope of Work, General Conditions, Insurance Provisions)

5. Prepare Contract

6. Secure Legal Opinion

7. Purchasing Division Approval in Munis
City Clerk ensures that contract received City Council approval that took place at the ______________________Council meeting. ____________________City Clerk Signature Delivered Date Return Date
City Attorney ________________ ________________

Mayor ________________ ________________

City Clerk ________________ ________________ City Clerk will return two original documents to Project Manager for the contractor and department and place a copy on the Intranet

Step 2: Council Approval Process (Contracts above $10,000) Step 4: Submit Contractor Signed Documents to City Clerk

Step 3: After City Council Approval, Project Manager Executes Contract by

8. Check
Applicable
boxes
Council Approval
(over $10,000) (Council Meeting Date) _______________

Finance Committee Approval
(over $100,000) (Committee Meeting Date) _______________

This contract is grant funded by ________________________

Obtaining contractor signature on 3 original contracts and attaching Insurance Certificate and additional Insurance Endorsement

Using Agenda Plus System to Place Items on the City Council Agenda for Action

43 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.
44 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:

By :

B y : Ti 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
45 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:

Police Department
46 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. 47 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:

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 49 General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 50 General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 51 General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 52 General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

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

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 54 General Conditions/EJ/TE 01-19-11 7 of 13

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

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 55 General Conditions/EJ/TE 01-19-11 8 of 13

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

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 56 General Conditions/EJ/TE 01-19-11 9 of 13

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

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 57 General Conditions/EJ/TE 01-19-11 10 of 13

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 59 General Conditions/EJ/TE 01-19-11 12 of 13

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

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

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

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

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

39. Performance and Final Acceptance.

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

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

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

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

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

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 61 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):
62 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.
63 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
64 ___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type
2 – Page 2 of 3
R
evised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Um
brella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 65 66
67 68
69 70
71 72
73 74
75 76
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including br eaches 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.
77 Exhibit G
78 Exhibit H
79 80
81 Exhibit I
82 The undersigned, an authorized agent of (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Bro ker” means either of the following:
i. The collection of information, including personal information about consumers, from a w
ide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultim
ately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar ser
vices."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any tim
e during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's f ailure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies w ith the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the fore going is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT J

CITY OF RICHMOND
Sanctuary City Compliance Statement
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(continued from emergency justification form)

The EOC was activated during severe winter storms on January 3, 2023, after a local geologist noticed the seismic shifting of the hillside above 15 homes located on Seaview Drive. With an immediate response, City Manager Shasa Curl declared an emergency and enacted the Emergency Operations Center to keep an eye on the developing situation. The first consultant stated that the 15 homes should be evacuated until they know more about the situation. Police and fire went door to door knocking and notifying residents that they had to evacuate since time was of the essence.

Due to the fact that the Hyatt in nearby Emeryville had a block of rooms available to handle the size of the group and because the Police Department had a rate lock for hotel rooms at the Hyatt, the Hyatt was quickly chosen as the hotel to house the 15 families displaced by the emergency order. The emergency order was confirmed at the January 9, 2023, council meeting and resolution 1-23 was passed. The resolution stated that the emergency order would end at a later agreed upon date, at which point the residents would be able to return to their homes on Seaview Drive. The ending date was January 28, 2023.

Further details are included in the attached Agenda Report presented to council January 9, 2023. Thank you.
131

January 9, 2023

City Manager's Office

DATE: January 9, 2023
TO: Mayor Butt and Members of the City Council
FROM:

Shasa Curl, City Manager
Dave Aleshire, City Attorney
Angel Montoya, Fire Chief
SUBJECT:

Approve the City Manager’s proclamation of a local
emergency due to flooding in Richmond and large
landslide on a hillside on Seaview Drive
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

On January 3, 2023, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local
emergency due to heavy flooding from severe winter
storms and a geologic hazard/landslide on the slope
above the Seacliff development in Richmond. The City
Council must approve this proclamation of local
emergency within seven days of making such a
proclamation or else it will lapse.

RECOMMENDED ACTION:

ADOPT a resolution ratifying the proclamation of a local emergency in the City of Richmond issued by the city
manager (Director of Emergency Services) on January 3,
2023, due to heavy rains, flooding, and a large landslide on a hillside on Seaview Drive that forced the evacuation of residents in the impacted area – City Manager’s Office (Shasa Curl 510-620-6512)

AGENDA
REPORT
132

January 9, 2023
DISCUSSION:

The entire Bay Area, including Richmond , has experienced heavy rains and flooding, including an atmospheric river, throughout December of 2022 , and is still experiencing a parade of storms the first two weeks in January. On January 3, 2023, it was reported that a hillside on Seaview Drive, with an APN of 560-330-041, was showing signs of a significant landslide as a result of the December rains and atmospheric river.

As a result of a possible landslide, the City’s consultant NCE and subconsultant Cal Engineering & Geology, Inc. evaluated photos provided by the City of the landslide and aerial imagery available on Google Earth Pro of the hillside above Seacliff Drive. They determined that “there is a large landslide on the hillside that has definitive evidence of a head scarp in the area near the top of the ridge and lateral margins that extend down to Seaview Drive and possibly beneath and beyond Seaview Drive.” The head is the upslope portion of the landslide, and the scarp is the steeply inclined failure surface with exposed rock and soil. The consultants strongly recommended that the eight (8) homes on Seaview Drive and the seven (7) homes on Seacliff Way immediately west of and closest to Seacliff Drive be evacuated until the landslide could be more thoroughly evaluated. The consultants recommended the evacuations be done immediately to reduce the potential for life safety issues that could result for movement of the landslide, particularly considering the forecasted amount of rain that was to fall that night and over the next several days.

Based on this information, on the evening of January 3, 2023, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency , and the City of Richmond Emergency Operations Center (“EOC”) was activated to support the incident and additional incidents throughout the City due to the severe winter storms [Attachment 1, Emergency Proclamation]. The EOC is still activated and City staff members, including Fire and Police Department personnel, are staffing the EOC in the basement of the Richmond City Hall located at 450 Civic Center Plaza.

Due to additional storms approaching with anticipated heavy rainfall, and out of abundance of caution, residents of Seaview Drive and Seacliff Way were asked to evacuate, which included a total of 15 impacted homes. Fire and Police personnel knocked on doors within the impacted area to inform residents of the potential danger and provided evacuation notices with instructions. Of the 15 households, City personnel were unable to contact three (3) households, two (2) were out of town and ten (10) families decided to evacuate (with their pets). Due to heavy utilization of Red Cross throughout the State, City staff members were proactive and able to secure temporary shelter at the Hyatt Place in Emeryville for evacuated residents. These residents remain out of their homes until the Seacliff Homeowners’ Association completes remediation efforts to ensure the area is safe for reentry. City staff continues to monitor the situation, and as of January 5, 2023, have extended access to hotel rooms through January 9, 2023.

133

January 9, 2023
The Director of Emergency Services (City Manager) may request the City Council to proclaim the existence or threatened existence of a "local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Since the City Council was not in session at the t ime, the City Manager declared the local emergency by proclamation. Whenever a local emergency is proclaimed by the Director, the City Council must ratify the proclamation within seven days thereafter or the proclamation will lapse [Richmond Municipal Code Section

2.20.060]. The proposed resolution is approving the proclamation of the emergency order so that it can remain in effect while the Seacliff Homeowners’ Association continues remediation efforts, and a determination is made that the residents may safely return to their homes [Attachment 2].

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation Declaring a Local Emergency Attachment 2 – Resolution Ratifying the Proclamation Declaring a Local Emergency 134
135
136

ATTACHMENT
137
138
139
140
141
142
143
144
145

April 4, 2023

Finance Department

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

Nickie Mastay, Deputy City Manager, Internal Services
Mubeen Qader, Deputy Director of Finance
Jerry Chak, Accounting Manager
Subject:

Investment and Cash Balance Report and Monthly
Overtime Reports for the Month of February 2023
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and monthly
Overtime Reports for the month of February 2023.

RECOMMENDED ACTION:

RECEIVE the City’s Investment and Cash Balance
Report and monthly Overtime Reports for the month of
February 2023 – Finance Department (Nickie
Mastay/Mubeen Qader 510-412-2077).

DISCUSSION:

The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency AGENDA
REPORT
146

April 4, 2023
bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the Fiscal Year (FY) 2022-2023 Investment Policy.

DOCUMENTS ATTACHED:

Attachment 1 – Investment and Cash Balance Report for February 2023 Attachment 2 – Overtime Report for February 2023
Attachment 3 – Overtime Public Safety Report for February 2023 147

Finance Department – Treasury Division

M E M O R A N D U M

To: Mayor Martinez and Members of the City Council

From: Delmy Cuellar, Director of Finance
Mubeen Qader, Deputy Director of Finance
Jerry Chak, Accounting Manager

Date: April 4, 2022

Subject:

MONTHLY CASH BALANCES & INVESTMENT REPORT –
February 2023

Enclosed for your information are the Investment Report, Portfolio Summary, and Comparative Cash Report for the month of February 2023 prepared by the City Treasurer pursuant to the statutory requirements of the State of California.

148
149
150
151
152
153
154
155
156
157
City of Richmond
FY2022-23
Overtime Report
PERIOD 8, FEBRUARY 2023
67% Threshold

ORIGINAL TRANFRS REVISED AVAILABLE PCT

APPROP ADJSTMTS BUDGET YTD EXPENDED BUDGET USED NOTES

GENERAL FUND
Summary
400031 OVERTIME/General 1,179,856 419,525 1,599,381 1,210,139 389,242 76% 400032 OVERTIME/Sworn 9,499,934 (365,435) 9,134,499 6,450,842 2,683,657 71% TOTAL GENERAL FUND 10,679,790 54,090 10,733,880 7,660,981 3,072,899 71% By Department
13 CITY MANAGER
400031 OVERTIME/General 2,500 2,500 2,500 0% 14 CITY CLERK
400031 OVERTIME/General 20,000 20,000 13,370 6,630 67% 16 COMMUNITY DEVELOPMENT -
400031 OVERTIME/General - 380 (380) 100% Code Enforcement work performed in North Richmond's Mitigation Fund area.
- -
17 FINANCE -
400031 OVERTIME/General 6,400 44,993 51,393 64,932 (13,539) 126% Short-staffed in Payroll Division. 18 HUMAN RESOURCES -
400031 OVERTIME/General 293 (293) 100% Short-staffed in Administration Division 19 POLICE
400031 OVERTIME/General 813,874 365,435 1,179,309 746,701 432,608 63% 400032 OVERTIME/Sworn 5,165,435 (365,435) 4,800,000 3,094,692 1,705,308 64% TOTAL POLICE 5,979,309 5,979,309 3,841,393 2,137,916 64% 20 FIRE
400031 OVERTIME/General - - 136 (136) 100% Short-staffed in Administration Division 400032 OVERTIME/Sworn 4,334,499 4,334,499 3,356,150 978,349 77% Vacation/Comp Time off; Injury-related leave and vacancies TOTAL FIRE 4,334,499 4,334,499 3,356,286 978,213 77% -
23 PUBLIC WORKS & ENGINEERING SVCS
400031 OVERTIME/General 320,432 320,432 350,463 (30,031) 109% Abatement - increased Dumpster Day Clean-ups; Streets - special events and storm related ativities; Parks - tree trimming, weed control and emergency call-outs; Building Maintenance - COVID cleaning in disinfecting in RPD; BART, Main Library Courtyard, Recreation Center .

Stationery Engineers replasterd Richmond Swim Center, emergency repair to Plunge pump and hot water pump at Nevin housing; Fleet work on fire apparatus and storm related emergencies.

City of Richmond
FY2022-23
Overtime Report
67% Threshold

ORIGINAL TRANFRS REVISED AVAILABLE PCT

APPROP ADJSTMTS BUDGET YTD EXPENDED BUDGET USED NOTES
24 LIBRARY
400031 OVERTIME/General - 8,000 8,000 3,308 4,692 41% -
25 COMMUNITY SERVICES
400031 OVERTIME/General 16,650 597 17,247 30,417 (13,170) 176% Aquatics section is short-staffed (lifeguards). -
36 ECONOMIC DEVELOPMENT PROGRAM - -
400031 OVERTIME/General - 500 500 50 450 10% TOTAL GENERAL FUND 10,679,790 54,090 10,733,880 7,660,891 3,072,989 71%

NON-GENERAL FUND
By Fund
1012 HILLTOP LANDSCAPE MAINT DIST
400031 OVERTIME/General 15,515 - 15,515 14,784 731 95% 1015 MARINA BAY LNDSCP & LIGHT DIST
400031 OVERTIME/General 25,300 25,300 24,147 1,153 95% 1018 RENT CONTROL
400031 OVERTIME/General - 701 (701) 100% 1050 CR-PLANNING & BUILDING
400031 OVERTIME/General 9,500 9,500 9,500 0% 1055 ENCROACHMENT SVCS
400031 OVERTIME/General 8,000 8,000 6,323 1,677 79% 4003 WASTEWATER
400031 OVERTIME/General 8,100 8,100 8,100 0% 4404 RHA-NEVIN PLAZA
400031 OVERTIME/General 15,000 15,000 17,289 (2,289) 115% On call emergency after hours requests and on weekends. 4405 RHA-NYSTROM VILLAGE
400031 OVERTIME/General 10,000 10,000 10,208 (208) 102% On call emergency after hours requests and on weekends. 4501 RHA-CENTRAL OFFICE COST CTR
400031 OVERTIME/General - 247 (247) 100% On call emergency after hours requests and on weekends. 5001 INSURANCE RESERVES
400031 OVERTIME/General - 163 (163) 100% Was short-staffed in Risk Management Administration in August 2022 TOTAL NON-GENERAL FUNDS 91,415 - 91,415 73,864 17,551 81% Tree trimming, weed control, irrigation leaks and emergency call-outs Tree trimming, weed control, irrigation leaks and emergency call-outs

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

ORIGINAL
BUDGET

REVISED
BUDGET
FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,165,435 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 5,165,435 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 FY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 394,652 472,091 3,094,692 64.5% 1,705,308 386,836.54 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 4,334,499 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 4,334,499 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 425,452 3,356,150 77.4% 978,349 419,518.72 FY2022-23 TOTAL 9,499,934 9,134,499 810,586 789,669 804,715 755,980 772,321 781,846 838,183 897,543 - - - - 6,450,842 70.6% 2,683,657 806,355.26

BUDGET ACTUALS TOTAL

POLICEFIRE
160

April 4, 2023

Human Resources

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

Sharrone Taylor, Interim Director of Human Resources
Nickie Mastay, Deputy City Manager, Internal Services

Subject:

Annual Compensation Adjustment for the City Clerk
FINANCIAL IMPACT: The compensation adjustment will increase the City Clerk’s base salary by approximately $14, 796.95
annually (for an estimated total compensation of
$255,402) and can be absorbed in the budget of the City Clerk’s Department (Clerk’s budget - Funding Source:
01141013-multiple).

PREVIOUS COUNCIL
ACTION:

The City Council met in Closed Session on March 28,
2023, to review the parameters regarding a potential
compensation adjustment for the City Clerk.

STATEMENT OF THE
ISSUE:

Approval by the City Council in open session is required to authorize a compensation adjustment for the City
Clerk.

RECOMMENDED ACTION:

APPROVE a salary adjustment for the City Clerk
effective March 1, 2023, from $14,092.38 per month to
$14,797 per month (a five percent increase) – Human
Resources Department (Sharrone Taylor/Nickie Mastay
510-620-6602).

AGENDA
REPORT
161

April 4, 2023
DISCUSSION:

On Tuesday, March 28, 2023, the City Council received a report on the accomplishments, future goals, and compensation of the City Clerk. The City Council also reviewed compensation related data from peer agencies including the following:

CITY TOP STEP ANNUAL
SALARY
Berkeley $223,999
Alameda $215,414
San Mateo $207,024.98
Fremont $174,093.27
Walnut Creek $172,034
Palo Alto $182,021
Mountain View $179,694.96
Richmond $169,108.63
San Leandro $174,444
Concord $163,032
Hayward $166,628.80
South San Francisco $161,761.60
Vallejo $134,160.1950
Average $178,724
Median $174,093

After considering the performance during the last year, as well as peer compensation data, City Council directed City staff to add its recommendation for a salary adjustment of five (5) percent for the City Clerk to the consent calendar so that an oral summary of the recommendation and a final decision by City Council can be made.

The compensation adjustment will be retroactive to March 1, 2023, and will increase the City Clerk’s base salary from $169,109 annually to $177,563 annually (a five percent increase). The compensation adjustment is within the currently approved salary range for the position of City Clerk.

Total compensation for the City Clerk, including base salary and dollar-cost benefits is approximately $255,402 annually, as follows:

Compensation Components Amount
Base Salary $177,563
Car Allowance $4,200
Benefits Package (medical, dental, vision, etc.) $29,042 CalPERS (Normal Cost + Unfunded Liability) $44,597
Total Estimated Annual Compensation $255,402
162

April 4, 2023
DOCUMENTS ATTACHED:

None

163

April 18, 2023

Information Technology

DATE: April 18, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Sue Hartman, Director of Information Technology

Subject:

Out-of-State Travel Approval for IT Manager and Senior
Programmer to Attend the Annual Tyler Technology
Conference in Texas
FINANCIAL IMPACT: The proposed $4,409.78 expenditure is included within the approved fiscal year 2022-2023 IT budget.

Account string 01261017-400243.

PREVIOUS COUNCIL
ACTION:
(
n/a

STATEMENT OF THE
ISSUE:

The Tyler Technology Connect23 conference will be held
in San Antonio, Texas, in May 2023. City Council
Resolution 91-17 mandates approval from the City
Manager to travel to the State of Texas.

RECOMMENDED ACTION:

APPROVE travel requests for the Information
Technology Manager and Senior Programmer to attend
the Tyler Technology Connect23 Conference in San
Antonio, Texas, which includes several presentations that align with the travel exception list – Information
Technology Department (Sue Hartman 510-620-6874).

AGENDA
REPORT
164

April 18, 2023
DISCUSSION:

The Tyler Technology Connect23 Conference will be held in San Antonio, Texas in May of this year. Per City Resolution 92-17, City employees are prohibited (with exceptions) from traveling to 22 states, including Texas.

Resolution No 92-17 - Resolution supporting the Lesbian, Gay, Bisexual, Transgender, Intersex Queer and Questioning (LGBTIQQ) Community and Establishing a Policy to Prevent City-Funded Travel to States with Laws Discriminating on the Basis of Sexual Orientation, Gender Identity or Gender Expression. Exceptions to the travel prohibitions may be granted by the City Manager for several purposes to include:

“To complete job-required training necessary to maintain licensure or similar standards required for holding a position, in the event that comparable training cannot be obtained in California or a different state not subject to the travel prohibition.”

The Tyler conference contains training opportunities that are unavailable elsewhere which City staff believes are necessary to effectively administer the product. The Annual Tyler Technology Connect23 Conference is essential to shaping the City of Richmond’s mission of empowering the public sector to create smarter, safer, and stronger communities.

This event will give City staff a unique opportunity to discover new ways to boost thier productivity and improve their services by making full use of the City of Richmond’s Tyler Munis, Socrata, and MyCivic products. Not only will IT staff be able to interact with and learn directly from Tyler Technology, but the conference will also allow City staff to network with industry peers from across the country to exchange ideas, insights, best practices, and solutions to make better use of the City of Richmond’s technology investment in their daily work.

Additional benefits of attending this educational event include:

 Hundreds of educational and training sessions highlighting software enhancements, tips and tricks, and advanced product use to help improve staff performance and the City of Richmond organization’s outcomes and efficiencies.

 Networking opportunities with professional peers in similar roles across the country.

 Exclusive insight from Tyler executives on current and future projects.

 Improved transparency for the public as Tyler Technology continues to develop new ways to put meaningful data at the City of Richmond’s 165

April 18, 2023
fingertips to save time, make more informed decisions, and improve public access and transparency.

 Continuing Professional Education (CPE) credits.

 The City of Richmond’s inclusion in Tyler’s nationwide Connected Communities vision, which is transforming the future of government.

The City of Richmond Director of Information Technology, Sue Hartman, respectfully requests approval for the IT Manager and Senior Programmer to travel to this conference as it is the largest and most impactful conference for local government utilizing Tyler Technology Enterprise Resource Planning (ERP) software.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Travel/Training – IT Manager Sr Programmer Attachment 2 – Resolution 92-17 supporting LGBTIQQ and establishing prohibitions on travel CONFORMED - Adopted
166
Reso. No. 92-17

RESOLUTION NO. 92-17

RESOLUTION SUPPORTING THE LESBIAN, GAY, BISEXUAL, TRANSGENDER,

INTERSEX, QUEER AND QUESTIONING (LGBTIQQ) COMMUNITY AND

ESTABLISHING A POLICY TO PREVENT CITY-FUNDED TRAVEL TO STATES

WITH LAWS DISCRIMINATING ON THE BASIS OF SEXUAL ORIENTATION,

GENDER IDENTITY OR GENDER EXPRESSION

WHEREAS, the State of California is committed to protecting civil rights, preventing discrimination, and taking action to avoid supporting or financing discrimination against lesbian, gay, bisexual and transgender people; and

WHEREAS, the City of Richmond has resolved to be a leading community in the protection of civil rights and preventing discrimination; and WHEREAS, Richmond Rainbow Pride is the first and only LGBTQ community organization in the City of Rich mond, comprised of lesbian, gay, bisexual, transgender, intersex, queer and questioning (LGBTIQQ) individuals and allies who liv e, work and gather in the Richmond community, coming together for the collective benefit of their fellow LGBTIQQ community members; and
WHEREAS, Richmond Rainbow Pride seeks to a dvocate for local po licy change to preserve and protect the rights of the LGBTIQQ community within the city of Richmond; and WHEREAS, in direct response to the landmar k Supreme Court’s decision in Obergefell v. Hodges in which the Court ruled that the fundamental right to marry is guaranteed to same-sex couples, there are bills passed and pending in state legislat ures across the country that are designed to allow discrimination against LGBTIQQ people in many aspects of their lives; and WHEREAS, there continue to be states that enact laws to void or repeal protections against discrimination on the basis of sexual orientation, gender identity, or gender expression, or that authorizes or require discrimination against same-sex couples or their families; and WHEREAS, Assembly Bill No. 1887 “State government: discrimination: travel” sponsored by California Assemb ly Member Low was lawfully passed in both houses of the legislature and chaptered in September of 2016 after being signed by Governor Brown; and WHEREAS, According to the California Department of Justice, Assembly Bill No. 1887 prohibits a state agency, department, board, or commission from requiring any state employees, officers, or members to travel to another state that, after June 26, 2015, has enacted a law that eliminates protections against discrimination on th e basis of sexual orientation, gender identity, or gender expression; and
WHEREAS, the City of Richmond should commit to a similar policy in order to continue to show commitment to antidiscrimin ation and represent the values of equity and acceptance.

NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council stands in solidarity and support of the LGBTIQQ commun ity in Richmond and across the country, and against the institutionalization of discriminatory laws across the country; and BE IT FURTHER RESOLVED that the Richmond City C ouncil supports the policies of the state of California established in Assembly Bill No. 1887 “State government:
discrimination: travel.”; and
BE IT FURTHER RESOLVED that the City of Rich mond, in concurrence with California Government Code § 11139.8, hereby adopt s the following policy prohibiting any city agency, department, board, or commission from requiring any city employees, officers, or members to travel to a state that, after June 26, 2015, has enacted a law that:
(1) has the effect of voiding or repealing existing state or loca l protections against discrimination on the basis of sexual orientation, gender identity, or gender expression; or 167
168
169
170
171
172
173
174
175
176
177
178
179
180
181

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
Ranjana Maharaj, Deputy Director, Community Services-
Recreation
Tetteh Kisseh, Recreation Supervisor
Subject: Memorandum of Understanding with West Coast Chess Alliance for Chess Programs and Tournaments at Various
Community Centers
FINANCIAL IMPACT: The annual net value of the Partner’s contribution in services towards the City of Richmond is equal to
$23,600 and $118,000 for a five-year period. The
amount of fees waived by the City for the use of various Community Centers is $55,388 annually and $276,940
over a five-year period.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Approve the Memorandum of Understanding between the
City of Richmond and West Coast Chess Alliance to
provide afterschool chess lessons and weekend
tournaments at various Community Centers at no cost to
participants and the City of Richmond.

RECOMMENDED ACTION:

APPROVE the Memorandum of Understanding between
the City of Richmond and West Coast Chess Alliance for
afterschool chess lessons, and tournaments at various
Community Centers from April 5, 2023, to December 31,
2028 – Community Services Department (Ranjana
Maharaj/Tetteh Kisseh 510-620-6919).

AGENDA
REPORT
182

April 4, 2023

DISCUSSION:

On July 19, 2022, the City Council approved the Fee Waiver and Partnership policy and application process to allow for partnering with outside organizations which can provide services that benefit the Richmond community and to provide support to organizations that provide a community service through an equitable process. Based upon this policy, City staff is bringing forth a partnership application for West Coast Chess Alliance who is interested in providing afterschool chess lessons and weekend tournaments at the following Community Centers at no cost to the participants and the City:
 Recreation Complex, 3230 Macdonald Avenue, Richmond, CA  Shields Reid Community Center, 1410 Kelsey Street, Richmond CA  Booker T. Anderson Community Center, 960 S. 47th St, Richmond CA  Nevin Community Center, 598 Nevin Avenue, Richmond CA  Parchester Community Center, 900 Williams Drive, Richmond CA  Point Richmond Community Center, 139 Washington Ave, Richmond CA  May Valley Community Center, 3530 Morningside Drive, Richmond CA

As per the below chart, West Coast Chess Alliance’s contribution towards this program amounts to $23,600 annually and $118,000 for a five-year period. This amount covers the cost of program materials, stipends for volunteers, trophies, medals, and refreshments for tournaments.

West Coast Chess Alliance Proposed Budget Estimate for the Tournament

Tournament Sites Cost (trophies,
medals,
refreshment,
organizer fees)
Number of
Attendees
Community Chess
Tournament
Richmond Recreation
Complex
Cost: $1,300 80 to 100 March 11th tournament
Shields Reid
Community Center
Cost: $1,300 60 to 80 May 13th tournament
Cost of program
supplies for the
Tournaments
$2,600

183

April 4, 2023
West Coast Chess Alliance Budget Estimates for the Chess Program

Site of After-school
chess class
Cost of Chess
lessons
Time Weeks
Shields-Reid
Community Center
$100 3:30 – 4:30 30 weeks by $100 =
$3,000
Parchester Community
Center
$100 3:30 – 4:30 30 weeks by $100 =
$3,000
Recreation Complex $100 3:30 – 4:30 30 weeks by $100 =
$3,000
Booker T. Anderson
Community Center
$100 3:30 – 4:30 30 weeks by $100 =
$3,000
Point Richmond
Community Center
$100 3:30 – 4:30 30 weeks by $100 =
$3,000
May Valley Community
Center
$100 3:30 – 4:30 30 weeks by $100=
$3,000
Nevin Community
Center
$100 3:30 – 4:30 30 weeks by $100 =
$3,000
Total Cost of Chess Program lessons $21,000

The total proposed budget estimate for West Coast Chess Alliance to provide chess lessons and tournaments at various community centers for 10 weeks is $23,600.

If West Coast Chess Alliance were to rent the Social Hall at the Recreation Complex for tournaments and other classrooms at various community centers, then the cost of the facility rentals would amount to $55,388 annually and $276,940 in a five-year period as indicated in the table below.

184

April 4, 2023
City of Richmond, Community Center Rental Estimates
Community
Centers
Hours Days
Hours
per
week Weeks Hourly Total Hourly
Refundable
Deposit
Tourneys 8 2 16 $ 158.00 $ 2,528.00 $ 500.00 RRC 2 1 2 30 60 $ 158.00 $ 9,480.00 $ 500.00 Nevin 2 1 2 30 60 $ 139.00 $ 8,340.00 $ 500.00 Parchester 2 1 2 30 60 $ 119.00 $ 7,140.00 $ 500.00 Pt. Richmond 2 1 2 30 60 $ 104.00 $ 6,240.00 $ 250.00 BTA 2 1 2 30 60 $ 104.00 $ 6,240.00 $ 250.00 MVCC 2 1 2 30 60 $ 83.00 $ 4,980.00 $ 250.00 SRCC 2 1 2 30 60 $ 119.00 $ 7,140.00 $ 500.00 Application Fee 1 $ 50.00 $ -

Total for year $ 52,138.00 $ 3,250.00 $ 55,388.00

Total Hourly Refundable
Deposit
Total Rental
Fees for year
Total Rental Fees for 5 years $ 276,940.00

Since the Community Services-Recreation is not offering and does not have the staff to teach this program to our community through its regular programs, Community Services-Recreation is seeking a partnership opportunity with West Coast Chess Alliance to offer this program free of charge to our community. Although, the net value for the City in this partnership is negative $31,788 annually and $158,940 for a five-year period, the value of this free program to our community outweighs the negative monetary value.

City staff is seeking City Council approval to waive the fees associated with using these spaces for this program and to approve the partnership Memorandum of Understanding between West Coast Alliance and the City of Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – MOU with West Coast Chess Alliance

185
1 City of Richmond
Community Services -
Recreation

MEMORANDUM OF UNDERSTANDING

CITY OF RICHMOND

COMMUNITY SERVICES -RECREATION
&
West Coast Chess Alliance-T. C. Ball
West Coast Chess Alliance
1 Surfside Court
San Pablo, CA 94806

186
2 MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding “MOU” effective as of April 1, 2023, is entered by the City of Richmond (“City”) and West Coast Chess Alliance. Collectively, City and West Coast Chess Alliance are referred to as the “Parties” and individually, as a “Party”.

RECITALS
Whereas, West Coast Chess Alliance, located in Contra Costa County, CA, reached out to City staff and informed staff that they are willing to start a Chess program in our Community Centers at no cost to the City and participants;
Whereas, the Parties wish to set forth the terms and understanding between them with respect to a Chess Program at the following locations:

Recreation Complex, 3230 Macdonald Avenue, Richmond, CA Shields Reid Community Center, 1410 Kelsey Street, Richmond CA Booker T. Anderson Community Center, 960 So. 47th St, Richmond CA Nevin Community Center, 598 Nevin Avenue, Richmond CA
Parchester Community Center, 900 Williams Drive, Richmond CA Point Richmond Community Center, 139 Washington Ave, Richmond CA May Valley Community Center, 3530 Morningside Drive, Richmond CA Whereas, City staff shall provide supervision over this program; Whereas, City staff shall provide space, tables and chairs for this program; Whereas, City staff will ensure that sign-in sheets are kept for each class session; Whereas, both Parties will assist with the supervision of the participants; Whereas, City staff will review and approve all promotional material prior to release and distribution where such materials include the City ’s name along with West Coast Chess Alliance; Whereas City staff will ensure that all instructors and volunteers complete and comply with the City’s Tuberculosis testing and fingerprinting protocol(s); Whereas, West Coast Chess Alliance staff and instructors will provide all equipment and supplies necessary to make this program possible and available at no cost to the City nor the participants; and Whereas, West Coast Chess Alliance will provide after-school chess instructions and weekend community chess tournaments;

187
3 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT
Purpose of MOU. This MOU sets forth the terms and understanding among the Parties and is intended to reflect the Parties’ commitment to cooperate and work together to support the success of the Chess Program.

This MOU outlines the Parties’ collaboration and expectations. The Parties find and determine the foregoing recitals to be true and correct and incorporated herein by reference as it set forth in full.

Collaboration. The Parties hereby agree to undertake good-faith efforts to establish the Chess Program such that classes and tournaments start and end on schedule and participants are enriched academically and culturally through chess.

Staffing. Each Party shall provide staff time to support the activities subject to this MOU, and each Party shall be responsible for ensuring that staffing positions remain sufficient to fulfill each Party’s obligations as set forth in this MOU. Current staffing list includes:

1. Staff person to be responsible for the day-to-day work of the Program:
a. City: Maurice Range, Recreation Program Coordinator Travis Gok, Recreation Program Coordinator
b. West Coast Chess Alliance-T. C. Ball

2. High-level leader with authority to make decisions on behalf of each respective Party:
a. City: Tetteh Kisseh, Recreation Supervisor
Troy Porter, Recreation Supervisor
b. West Coast Chess Alliance-T. C. Ball

Notices. Any notices required or permitted to be given under or in this MOU shall be in writing, and shall be deemed to be effective upon delivery, including by email, unless such address is changed by written notice hereunder:

If to City’s Community Services-Recreation:

Tetteh Kisseh or
Troy Porter
3230 Macdonald Ave
Richmond, CA 94804
Email: [email protected]
[email protected]

If to West Coast Chess Alliance-
T. C. Ball
1 Surfside Court
San Pablo, CA, 94806

Discretion. Each Party, including their respective employees, et al., shall exercise its sole discretion over all matters relating to the MOU and over each decision over which it bears responsibility. 188
4 No Joint Venture. Nothing in this MOU shall be construed as creating the right or ability of any Party to bind the other except as provided in this MOU. Nothing in this MOU shall be construed as creating a partnership, joint venture, employment or agency relationship between City, Community Services-Recreation, and West Coast Chess Alliance. Each Party shall conduct all of its activities under this MOU in accordance with all applicable laws and regulations.

Public Records. City’s Community Services-Recreation and West Coast Chess Alliance acknowledge and agree that this MOU and communications and documents exchanged between the Parties are subject to the California Public Records Act and any locally applicable laws, and/or regulations.

Nondiscrimination. In the performance of its obligations and activities under this MOU, the Parties each agree not to discriminate against any of its employees or against any person on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.

Indemnification. To the fullest extent permitted by law, West Coast Chess Alliance 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, 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 18 Reasons performance of work under this MOU, 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.

Insurance. West Coast Chess Alliance shall procure and maintain during the MOU’s term and shall obtain a policy endorsement naming City of Richmond, Community Services-Recreation as an additional insured under any general liability or automobile policy or policies.

Amendment. This MOU may be amended only by a writing signed by all Parties.

Assignment. This MOU may not be assigned or delegated by any Party without the prior written approval of the other Party.

Effective Date and Termination. This MOU will be effective from January 1, 2023, through December 31, 2028. Either Party may terminate the MOU for any or no reason, with or without cause, with 14-days’ advance written notice. Upon the termination of this MOU, all obligations and rights of the Parties shall cease and be of no further force or effect, provided, however, those rights and obligations that by their nature are intended to survive the termination of this MOU shall so survive.

Governing Law; Venue. This MOU and all disputes arising here from, whether in contract or in tort, shall be governed by and construed in accordance with the laws of the State of California. The parties agree that the exclusive venue for the resolution of any dispute relating to the subject matter of this MOU shall be in the State and Federal Courts of California.

IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized representatives effective as of _____________ ___, 2023. 189
5 CITY OF RICHMOND PARTNER: WEST COAST ALLIANCE

______________________________________ ___________________________________ Mayor T C Ball, Executive Director

______________________________________ ___________________________________ Date Date

Approved as to form:

_____________________________________
City Attorney

Attest:

_____________________________________
City Clerk

190
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

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

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

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

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

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

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

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

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

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

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

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

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

Required Coverage

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

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

191
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

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

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

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

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 192
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

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

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
193
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

194
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

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

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/24/2022
License # 0603247(707) 462-8615(707) 468-954111384West Contra Costa Public Education Fund1400 Marina Way S.Richmond, CA 9480434690 A 1,000,000X2022-518786/10/20226/10/2023500,00020,0001,000,0003,000,0003,000,000LIQUOR LIAB1,000,000 1,000,000A 2022-51878-UMB6/10/20226/10/20231,000,00010,000B 57WECAG6CNY6/14/20226/14/20231,000,0001,000,0001,000,000 The City of Richmond, its officers, officials, employees, agents and volunteers are additional insured under general liability per form CG 20 26 12 19, attached.Regarding Locations:Shields Reid Community Center1410 Kelsey StRichmond, CA 94801SEE ATTACHED ACORD 101 City of Richmond450 Civic Center PlazaRichmond, CA 94804 WESTCON-01JHALLMAN
George Petersen Insurance Agency, Inc.P.O. Box 1180Santa Rosa, CA [email protected]' Insurance Alliance of CaliforniaHartford Fire & Casualty Group X
X XX
XXX
195
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
Named lnsured: West Contra Costa Public Education Fund* CG 20 261219 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED . DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional lnsured Person(s) Or Organization(s):

Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section ll - Who ls An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury''
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. ln the performance of your ongoing operations;
or

2. ln connection with your premises owned by or
rented to you.

However:

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

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

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section lll- Limits Of Insurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
'{.. Required by the contract or agreement; or

2. Available under the applicable Limits of
lnsurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of lnsurance shown in the
Declarations.
cG 20 26 12 1S @ lnsurance Services Office, lnc.,2O12 Page 1 of 1 2022-51878
196
NoNpnOFITS

INSURANCE

ATLIANCE OF CALIFORNIA
A Head for lnsurance. A Heart for Nonprofits. POLICY NUMBER:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

ADDITIONAL INSURED
PRIMARY AN D NON.CONTRIBUTORY

ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization
A. Section ll - WHO lS AN INSURED is amended to include:

4. Any public entity a$ an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insuied(s) on your policy, but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injur/' caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.

No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.

B. Section lll- LIMITS OF INSURANCE is amended to include:

8. The limits of insurance applicable to the public enti$ and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the wriften contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy.

C. With respect to the insurance provided to the additional insured(s), Gondition 4. Other lnsurance of SECTION lV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced bythe following:

4. Other lnsurance
a Primary lnsurance
This insurance is primary if you have agreed in a wriften contract or written agreement:
(1) That this insurance be primary. lf other insurance is also primary, we will share with all that other insurance as described in c. below; or
N|AC-E61 02 19 Page 1 of2
2022-51878
197
NoNpnOFITS

INSURANCE

ALLTANCE OF CALIFORNIA
A Head for Insurance. A Heart for Nonryofits, POLICY NUMBER:
(2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance.

Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess lnsurance
This insurance is excess over:

1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, lnstallation Risk or similar coverage for "Your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) lf the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SEGTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering' liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional ' insured(s) against that "suif'. lf no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess lnsurance provision and was not bought specifically to apply in excess of the Limits of lnsurance shown in the Declarations of this Coverage Part. c. Methods of Sharing
lf all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
lf any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

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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:

First Contract Amendment with Weigh of Life for Workforce Development Services

FINANCIAL
IMPACT:

The proposed $28,000 expenditure associated with this contract is funded by the Employment Development Department (EDD) English Language Learner (ELL) grant and the Department of Labor CAREER program. There will be no financial impact upon the City’s General Fund (12572341-400201-22903).

PREVIOUS
COUNCIL ACTION:

June 15, 2021

STATEMENT OF
THE ISSUE:

The Employment and Training Division of the Community
Services Department is seeking approval of an amended contract with Weigh of Life to provide workforce development services in support of the Department of Labor’s CAREER grant.

RECOMMENDED
ACTION:

APPROVE a first amendment to the contract with Weigh of Life, in the amount of $12,000, for a new total contract amount not to exceed $28,000, to continue providing workforce development services in support of the Department of Labor’s CAREER grant, with a contract term extending through August 19, 2023 – Community Services Department (Tamara Walker 510-307-
8006).

AGENDA
REPORT
200

April 4, 2023
DISCUSSION:

On August 20, 2021, the City of Richmond’s Employment and Training Division was awarded $893,164 from the U.S. Department of Labor and Training & Employment Administration (DOL/ETA) (Attachment 1). The award is a part of the Workforce Innovation and Opportunity Act (WIOA) National Dislocated Worker Emergency Grant (NDWEG) program, designed to address the workforce impacts resulting from the COVID-19 pandemic, specifically for dislocated workers. Dislocated Workers are defined as a person who has involuntarily lost their job for reasons beyond their control such as:

 A person who is long-term unemployed
 A person who has been terminated
 An individual who is temporarily or permanently laid off as a consequence of an emergency or disaster
 An individual who is self-employed and becomes unemployed or significantly underemployed as a result of the emergency or disaster

In November 2022, Hello Fresh closed its Richmond location which resulted in a loss of 611 jobs. Eighty percent of those affected by the plant closure were Spanish-speaking residents. To assist those who were affected by the closure, we are requesting to amend our current contract with Weigh of Life to include outreach, recruitment, and supportive services to the former English Language Learner (ELL) employees.

We currently partner with Weigh of Life in the ELL grant as a core partner to provide the following contractual services:

 Client outreach, assessment, career coaching, mentoring  Recruitment
 Childcare assistance

Weigh of Life has extensive experience in working with the immigrant and ELL population. Their participation in supporting the former Hello Fresh employees will play a significant role in the successful outreach, recruitment, and retention of program participants.

The amended contract with Weigh of Life (Attachment 2) will assist the Employment and Training Division in achieving the benchmarks established by the CAREER grant (Attachment 3).

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract
Attachment 3 – CAREER grant
201

CITY OF RICHMOND

STANDARD CONTRACT
Department: Employment and Training Project Manager: Charita Patterson Project Manager E-mail: Project Manager Phone No:
[email protected] (51 0) 307-8018
PR No: Vendor No: 13542 P.O./Contract No:

Description of Services :

Vendor to provide Workforce Development services for English language learners in support of the Employm ent and Training Department's English Language Learner (ELL) grant.

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:

Weigh of Life
Company Name:

Street Address: 968 - 23rd Street
City, State, Zip Code: Richmond , CA 94804
Contact Person: Ruth Vasquez-Jones
Telephone: (510) 821-3170 Email: [email protected]
Business License No: 40048365 I Expiration Date: June 14, 2021 A California 0 corporation.Oiimited liability corporation D general partnership, D limited partnership , 0 individual, [{]non-profit corporation, 0 individual dba as [specify :] ________ _
0 other [specify:]
-------------------

2. Term. The effective date of this Contract is June 15, 2021 and it terminates March 31 , 2023 unless terminated as provided herein.

3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 16,000 . City shall not pay for services that exceed the Contract Payment l1m1t unless a contract amendment has been approved by the City Council or City Manager.

I

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.
25501
22200225 / 5687
202
' .

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
Title:

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

CONTRACTOR:

Weigh of Life
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:.ibl:fnM~ft./ i!/4--.-").....--:=
Title: V,(-1_,_...:_ /Y"l s cfY\-
~~ By ~~~
1ty er
Date Signed: '"J/7 / ;Le; 1..1
LIST OF ATTACHMENTS:

Service Plan
Payme nt Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insuran ce Provisions
Standard ContracUEJfTE 9-26-07
(*The Corporation Chief Financial Officer,
Socrern~':•nt Socrernry 'hould ' '•". bolow)
By: ~~ Ss ":)
Title: 5 .. ~ ..:X~
Date Signed· :2 ( ·] ,l d-(
(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 .

Exhibit A
Exhibit 8
Exhibit C
Exhibit D
Exhibit E
Exhibit F
203

EXHIBIT A

SERVICE PLAN
For the Contract between the City of
Richmond and
Weigh of Life
Contractor shall, to the satisfaction of the Employment and Training Dept. , perform the following services and be compensated as outlined below :

Vendor to complete the following tasks in support of the ELL grant:
- Immigrant and English Language Learner client outreach that focuses on potential participants' motivations for accessing services ; providing an immediate source of likely grant participants.
-Provide outreach , recruitment , career coaching , and child care services for ELL grant participants .
204
For the Contract between the City of
Richmond and
Weigh of Life

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT 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: Charita Patterson Department: Employment and Training PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City 's Project Manager, Charita Patterson before payments shall be authorized .

5. The City will pay invoice(s) within 45 days after 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 . 205

EXHIBIT C
For the Contract between the City of
Richmond and
Weigh of Life

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:

Charita Patterson
City of Richmond
330 25th Street
Richmond CA 94804-0046

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

Ruth Vasquez Jones
Weigh of Life
968 - 23rd Street
Richmond, CA 94804
206

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 obligat ion 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 , discover ies, 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 receiv ing City's prior written consent , seek patent , trademark , copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However , City reserves , and Contractor irrevocably grants , a nonexclusive , fully paid-up, royalty-free , assumable , perpetual , worldwide license , with the right to transfer , sublicense, practice and exploit said license and the right to make , have made , copy , modify , make derivative works of, use , sell , General Conditions/ EJ/TE 01-19-11 1 of 13
207
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/EJfTE 01-19-11 2 of 13
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein , unless otherwise provided in Exhibit A.

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

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

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

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

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

General Conditions/EJ/TE 01-19-11 3 of 13
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Pursuant to California Government Code§ 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor Gene ral 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 wo rk 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 Contra ctor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contracto r 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 , Cont ractor 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 compensat ion for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City offic ial.

In the event City determines that such work does not constitute extra work , Contractor shall not be paid extra compensation above that provided here in 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 staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staffs 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/EJffE 01-19- 11 4 of 13
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services , the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions .

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

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

11. Business License . Contractor shall obtain a Richmond Business License before performing · any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City ; provided, however , that City may waive the business license requ irement 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 01-19-11 5 of 13
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder , within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination , stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however , there shall be deducted from such amount the amount of damage , including attorney's fees , expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally , in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges , represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal , state or local statute , rule or regulation , or at common law) with respect to this Contract. Contractor further acknowledges , represents and warrants that no City official or employee has any economic interest , as defined in Title 2, California Code of Regulations§§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or admin istrative 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.

15.1ndemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a ) and Contractor is a design professional , as defined in California Civil Code Section 2782.8 (b)(2), Contractor shall hold harmless , defend and indemnify the City, its officers, agents , employees , and volunteers from and against any and all claims , damages , losses , and expenses including attorneys' fees arising out of, or pertaining to, or relating to the negligence , recklessness , or willful misconduct of the Contractor, except where caused by the active negligence , sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers , agents , employees, and volunteers from and against any and all liabilities , regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness , or willful misconduct of the Contractor , or its employees, agents , or subcontractors.

Liabilities subject to the duties to defend and indemnify include , without limitation , any and all claims , losses , damages , penalties , fines , and judgments ; associated investigation and administrative expenses ; defense costs , including but not limited to reasonable attorneys ' fees ; court costs; and costs of alternative dispute resolution. Contractor 's obligation to General Conditions/EJ/TE 01-19-11 6 of 13
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2) , Contractor shall indemnify, defend , and hold harmless the City , its officers, agents, employees and volunteers from any and all claims , suits , or actions of every name, kind and description , brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct , negligent acts, errors or omissions , ultra-hazardous activities , activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City , its officers , agents , employees or volunteers .
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code . Contractor shall be obligated to defend , in all legal , equitable, administrative, or special proceedings , with counsel approved by the City, the City and its officers , agents, employees , and volunteers , immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals . The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review , acceptance or approval of the Contractor 's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor 's indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety . Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements , and shall assume sole and complete General Conditions/EJ /TE 01-19-11 7 of 13
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. 1nsurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F .

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

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

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

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontract ing 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/workplacepolic ies . 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 General Condi lions/EJ/TE 01-19-11 8 of 13
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

21.1ntegration. 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 General Condi lions/EJfTE 01-19-11 9 of 13
215
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. Neithe r 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 materia ls not related to the price thereof , failure of power , restrictive governmental laws and regulations enacted after the date of this Contract , riots , civil unrest, acts of terrorism , insurrection , war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party .

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

Therefore , both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor 's control, and such delays shall extend the times for performance of Contractor's work.
28 . Confidentiality . Contractor agrees to comply with , and to require its employees , agents and partners to comply w ith, 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 prov ided under this Contract w ill be confidential , and will not be open to examinat ion for any purposes not directly connected with the admin istration 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.

Genera l Conditions/EJ!TE 01-19-11 10 of 13
216

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

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code§§ 800 et seq. The claims presentation provis ions 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. 1nterpretation . 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 applicat ions 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 General Conditions/EJITE 01-19-11 11 of 13
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toward effecting the purpose of this Contract , and the validity and enforceability of the remaining provisions or portions or applications thereof , shall not be affected thereby .

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

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

Inspections or approvals, or statements by any officer , agent or employee of the City relating to the Contractor's performance , or payments therefore , or any combination of these acts , shall not relieve the Contractor 's obligation to fulfill this Contract as prescribed ; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38 . Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements , but does not vest ownership of the land or improvements in the same person , or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

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

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

General Conditions/E JITE 01-19- 11 12 of 13
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner , such corrections shall be made by the City and the cost thereof shall be charged to Contractor .

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

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

General Conditions/EJ/TE 01-19- 11 13 of 13
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For the Contract between the
City of Richmond and
Weigh of Life

EXHIBIT E

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

Workforce Innovation and Opportunity Act Required Contract Special Conditions The Contractor Assures and Certifies that:

1. It will comply with the requirements of the Workforce Innovation and Opportunity Act, hereafter referred to as WIOA , and with the regulations and policies promulgated hereunder.

2. For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on the basis of sex under Title IX of the Education Amendments 1972, or on the basis of race, color, or national origin under Title VI of the Civil Rights Act of 1964, programs and activities funded or otherwise financially assisted in whole or in part under this contract are considered to be programs and activities receiving Federal financial assistance.

3. It shall act in accordance with Title VI of the Civil Rights Act of 1964, and provisions of WIOA Section 188 and compliance with Equal Employment Opportunity provision in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60 "Office of Federal Contract Compliance Programs, Equal Employment Opportunity , Department of Labor."

4. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any such program because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief.

5. As an amendment to the Patent/Copyright and Access to Records provisions in "Exhibit D":

OMB Circular A-110 Subpart C Section 36 - Intangible property. The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. DOL reserves a royalty-free, nonexclusive and irrevocable right to reproduce , publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

6. It will comply with OMB Circular Number A-110, Subpart C Post-Award Requirements; Financial and Program Management; Property Standards ; Sec. (37) Intangible Property. This circular sets forth standards for obtaining consistency and uniformity among Federal agencies in the administration of grants to and agreements with institutions of higher education, hospitals, and other non-profit organizations.
220

7. OMB Circular A-110 Subpart C Section 48 - Contract Provisions. All negotiated contracts (except those for less than the simplified acquisition threshold) awarded by recipients shall include a provision to the effect that the recipient, DOL, the Comptroller General of the United States, or any of their duly authorized representatives , shall have access to any books, documents , papers and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations , excerpts and transcriptions.

8. It will comply with OMB Circular Numbers A-122 or A-133 as these circulars relate to the utilization of fields, the operation of programs and the maintenance of records, books, accounts , audits, audit plans and other documents.

9. It will comply with all applicable standards , orders, or requirements issued under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act.

10. It will comply with Title VI of the Civil Rights Act of 1964, as amended , (P.L. 88-354) and in accordance with the Title VI of the Act. No person in the United States shall on the grounds of race, color, age, sex, ancestry, religious creed, or national origin, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. 11 . It will comply with Section 504 of the Rehabilitation Act, as amended, (29CFR, Part 32) Final Rules and Regulations. No qualified handicapped individuals shall, on the basis of handicap, be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance . Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted refugees and parolees , and other individuals authorized by the United States Attorney General to work in the United States.

12. Whistleblower Protection: The contractor awarded funds made available under WIOA shall promptly refer to the U.S. Department of labor Office of Inspector General any credible evid~nce that a principal, employee, agent, contractor, sub-recipient, subcontractor , or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to ·fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds.

13. It will comply with the provisions of the Hatch Act, which limits the political activity of employees .

14. The services contracted under this contract do not involve political activities.

15. It will give the Employment and Training Director, through any authorized representative , the access to and the right to examine all records, books, papers or documents relative to this contract.

16. It will establish safeguards to prohibit employees from using their position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others , particularly those with whom they have family, business or other ties.

17. It will give the Department of Labor, the City and the State of California, through any authorized representative , the access to and the right to examine all records, books, papers, or documents related to the grant.
221

18. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed.

19. The program will, to the maximum extent feasible , contribute to the occupational development or upward mobility of individual participants.

20. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availability of in-service training and technical assistance programs and other policies as may be necessary to promote the effective use of funds. 21 . It will submit reports as required by the Employment and Training Department and will maintain records and provide access to them as necessary for the City staff's review to assure that funds are being expended in accordance with the purpose and provisions of the WIOA , including the maintenance of records for determining the extent to which the program meets the special needs of the disadvantaged , the chronically unemployed, dislocated and low income persons for meaningful employment opportunities .

22. It will comply with all requirements imposed by the Department of Labor (DOL) and for the City concerning special requirements , and other administrative requirements .

23. It will comply with the labor standards requirements.

24. In signing this contract, Contractor agrees to immediately notify the City of Richmond (COR) of their intent to obtain a copyright or patent for material written or items during this contract or subsequent to it. The COR will then notify the U. S. Department of Labor (DOL) and the State of California Employment Development Department (EDD) who will determine whether either or both government entities have any rights regarding the copyright or patent developed during the course of this Contract.

25. It will comply with the mandatory standards and policies related to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy Conservation Act (Public Law 96-163) --- per reference at 29 CFR 97.36(i)(13).

26. It shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States"). The Act provides that each contractor or sub-recipient shall be prohibited from inducing, by any means, any person employed in the construction , completion , or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency .

Certification Regarding Lobbying
Certification for Contracts, Grants, Loans and Cooperative Agreements A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned , to any person for influencing or attempting to influence an office or employee of an agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension , continuation , renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 222
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions .

C. Contractor shall require that the language of this certification be included in the award­ documents for all sub-awards at all tiers (including subcontracts, sub-grants , and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

Certification Regarding Debarment , Suspension,
Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Orders 12549 and 12689; Debarment and Suspension , 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) . 1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred , suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2) Where the prospective recipient of Federal assistance funds is unable to certify to any of this certification, such prospective participant shall attach an explanation to this certification.

TRANSFER AND SUBCONTRACTS : This Contract shall not be assigned or transferred , and services required hereunder shall not be subcontracted either in whole or in part.

TERMINATION : This Contract may be terminated by the City, in whole or in part, should any of the procedures or commitments herein be violated.

SPECIAL CONDITIONS
Certification Regarding Drug Free Workplace
Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Contractor will:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation , possession , or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations , as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
a. The dangers of drug abuse in the workplace
b. The person's or organization's policy of maintaining a drug-free workplace c. Any available counseling, rehabilitation and employee assistance program , and d. Penalties that may be imposed upon employee for drug abuse violations 3) Provide as required by Government Code Section 8355 that every employee who works in the proposed organization
a. Will receive a copy of the organization's drug-free policy statement, and b. Will agree to abide by the terms of the organization's statement as a condition of employment in the organization
223
For the Contract between the City of
Richmond and
Weigh of Life

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 .
224
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDDNYYY)
~ 05124/2021
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS

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

IMPORTANT : If the certificat e hold er is an ADDITIONAL INSURED, the policy(ie s) must have ADDITIONAL INSURED provision s or be endorsed .

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

PRODUCER ~~~CT
Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA • r..:~g_NJo. Extl: (888) 202-3007 I r..e~ Nol:
520 Madison Avenue E·MAIL [email protected]
32nd Floor ADDRESS:

New York, NY 10022 - -- INSURER!S! AFFORDING COVERAGE NAIC • INSURER A: Hiscox Insurance Company Inc 10200
INSURED INSURER 9 :

Weigh of Life INSURERC : 968 23rd Street
Richmond , CA 94804 INSURER D: -·
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER · REVISION NUMBER ·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDinONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ~ ~~~~~~~ LTR POLICY NUMBER I ~3,1l%YvWYl i ~~%M% UMITS X l COMMERCIAL GENERAL LIABILITY
I
I s 2,000,000 I EACH OCCURRENCE ~
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w I i MED EXP (Ally one person) s 5,000
A w -- ----- -----·--- N UDC-1884745-CGL-21 0111012021 I 0111012022 PERSONAL & AOV INJURY $ 2,000,000 ~·L AGGREGATE LIMIT APPLIES PER:

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GENERAL AGGREGATE s 2,000,000
X I POLICY [ ] ~f8r 0 LOC PRODUCTS · COMP/OP AGG s srr Gen . A.mL_ _ ---, . s I OTHER: I
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AUTOMOeiLE UABlUTY I i I fg~~~~liNGLE LIMIT s
1-----,
~ ANY AUTO I BODILY INJURY (Per person) s
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HIRED NQN.QWNED ! Lfp~~~c~JJ.JIAMAGE 5 f-- 1 AUTOS ONLY AUTOS ONLY I
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UMBRELLA LIAB H OCCUR I
EACH OCCURRENCE s 1---
EXCESSUAB CLAIMS· MADE AGGREGATE $
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WORKERS COMPENSATION
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AND EMPLOYERS' LIABILITY I ER YIN ANYPROPRIETORIPARTNERIEXECUTIVE 0 i E.L. EACH ACCIDENT s
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i I E.L. DISEASE -POLICY LIMIT $
I
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be atteched II more space Is required)

CERTIFICATE HOLDER CANCELLATION
The City of Richmond Employment and Training
330 25th St. Richmond, CA 94604 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
~
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I
1Cl 1988-2015 ACORD CORPORATION . All nghts reserved .

ACORD 25 (2016/03) The A CORD name and logo are registered mark s of ACORD 225

HARTFORD

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251
City of Richmond Employment & Training
330 29TH ST
RICHMOND CA 94804-1727
Account Information:

I Policy Holder Details : I WEIGH OF LIFE
May 25,2021
tO 't Contact Us
Business Service Center
Busin ess Hours: Monday - Friday
(7AM- 7PM Central Standard Time)
Phone: (866) 467-8730
Fax: (888) 443-6112
Email: aqency [email protected]
Website: https://business.thehartford.com
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
WLTR005
226
A_~~~ CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDNYYY)
05/25/2 021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.

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

IMPORTANT: If the certificate holder i s a n ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditi ons of the policy, certain policies may require an endorsement. A statem ent on thi s certifi cate does not confer right s to the certifi cate holder in lieu of such endorsement(s).

PRODUCER CONTACT
MARSH & MCLENNAN INS AGCY LLC/PHS NAME:
72165836 PHONE (866) 467-8730 I ~A X (888) 443-6112
(AJC, No, Ext): (A/C, No):

The Hartford Business Service Center
3600 Wiseman Blvd E·MAIL
San Antonio, TX 78251 ADDRESS:

INSURER(S) AFFORDING COVERAGE NAtC#
INSURED INSURER A : Hartford Underwriters Insurance Company 30104 WEIGH OF LIFE INSURERS :
968 23RD ST
RICHMOND CA 94804-1253
INSURERC:

INSURERD:

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY TH AT THE POLICI ES OF INSURANC E LISTED BELOW HAVE BEEN ISSU ED TO T HE INSURED NAM ED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWI T HSTANDI NG A N Y REQUIREME NT, TERM OR CONDITIO N OF ANY CONTRAC T OR OTHER DOCUME NT WITH RES PECT TO WHICH THIS

CERT IFICATE MAY BE ISSUED OR MAY PERTA IN, THE INSURANCE AFFORDE D BY THE POLICI ES DESCRIB ED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIO NS OF SUCH POLICI ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI D CLAI M S.

I NS~
TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR lwvo /M /MM/DD/Y YYYl

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
- ~CLAI MS- MADE D OCCUR DAMAGE TO RENTED
- PREMISES /Ea occurrence
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
~~LICY D PRO- D LOC PRODUCTS • COMP/OP AGG JECT
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- lEa accidant\
ANY AUTO BODILY INJURY (Per person)
- ALL 0'1\/NED ,-- SCHEDULED
AUTOS AUTOS BODILY INJURY (Per accident)
- HIRED t-- NON-0'1\/NED PROPERTY DAMAGE
-
AUTOS
t--
AUTOS (Per accidenl)
UMBRELLA LIAB rl OCCUR EACH OCCURRENCE
- EXCESS LIAB CLAIMS-

MADE AGGREGATE
DEoj I RETENTION $

WORKERS COMPENSATION
X ~ ~~=TUTE I
l OTH·

AND EMPLOYERS' LIABILITY I FR
ANY YIN E.L. EACH ACCIDENT $1,000,000
A PROPRIETOR/PARTNER/EXECUTIVE L N/A 72 WEC Ll3257 11/19/2020 11/19/2021 OFFICER/MEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH)
If yes, describe under E.L. DISEASE· POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICL ES (ACORD 101, Additi onal Remarks Schedule, may be attached If more space Is requir ed) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
City of Richmond Employment & Training SH OUL D A NY OF THE ABOVE DESCRIBED POLI CIES BE CANCE LLED 330 29TH ST BEFORE THE EXPIRATION DATE THERE OF, NOTICE W ILL BE DELI VERED RICHMOND CA 94804-1727 IN AC CORDAN CE W ITH THE POLICY PROVISION S.

AUTHORIZED REPRESENTATIVE
6~orct?d~
© 1988-2015 ACORD CORPORAT ION. All ngh ts rese rved.

ACO RD 25 (201 6/03) The ACORD name and logo are reg istered m arks o f ACO RD 227

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.

228
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

229
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

230

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.
231

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.

232

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.

233

BUSINESS TAX CERTIFICATEBUSINESS TAX CERTIFICATE
This is not a Bill
Summary of Fees Paid
Fees Paid
GRATUITOUS LICENSE 4.00
DUE TO STATE GOV/SB1186 4.00
Receipt for Current License Fees
Paid by: WEIGH OF LIFE
Receipt No: R83005
Payment Date: 02/28/2023

TOTAL PAID
Method : CHECKS
Check no: 3146

8.00 LICENSE NUMBER: 4004-8365

WEIGH OF LIFE
968 23RD STREET
RICHMOND, CA 94804-1253

LICENSE: 4004-8365
Renew your license prior to the end of the effective date listed below.

You are required by City Ordinance RMC 7.04 to have a valid Business Tax Certificate if your business is located in the City of Richmond, or if you perform work within the City.

LICENSE TYPE:

TYPE OF BUSINESS: NONPROFIT ORG

DETACH YOUR BUSINESS LICENSE TAX CERTIFICATE

FROM ABOVE AND POST IN PUBLIC VIEW
Prepared in accordance to the Administrative Policy and Procedures manual POLICY NUMBER: AP 516 2023
City of Richmond • 450 CIVIC CENTER PLAZA • RICHMOND, CA 94804 • (510) 620-6742 EFFECTIVE DATE: 06/14/2013 TO 12/31/2023
Director of Finance
EXPIRES: 12-31-2023
Current Employees:

POST IN A CONSPICUOUS PLACE
- NON TRANSFERABLE -
Owners(s):

JAN SCHILLING
EL CERRITO, CA 94530

NO OTHER OWNERS

WEIGH OF LIFE
968 23RD STREET
RICHMOND, CA 94804-1253
Business Mailing Address / Account: 40048365
For Information contact the City of Richmond Business Tax Office 450 CIVIC CENTER PLAZA • RICHMOND, CA 94804 • (510) 620-6742 www.ci.richmond.ca.us/bl
AP-08-99 IT-10-11
234
235
WLTR005

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 March 7, 2023
City of Richmond, Employment and Traini
ng
330 25TH ST
RICHMOND CA 94804
Account Information:

Policy Holder Details : WEIGH OF LIFE
Contact Us
Need Help?
Chat online or call us at
(866) 467-8730.

We're here Monday - Friday.

Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team
236

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
03/07/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

MARSH & MCLENNAN INS AGCY LLC/PHS
72165836
The Hartford Business Service Center
3600 Wiseman Blvd
San Antonio, TX 78251

CONTACT
NAME:

PHONE
(A/C, No, Ext):
(866) 467-8730 FAX
(A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#

INSURED

WEIGH OF LIFE
968 23RD ST
RICHMOND CA 94804-1253
INSURER A : Hartford Underwriters Insurance Company 30104 INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY (Per person)

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 72 WEC LI3257 11/19/2022 11/19/2023
X PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
City of Richmond, Employment and Traini
ng
330 25TH ST
RICHMOND CA 94804

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 237
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238

COMPREHENSIVE AND ACCESSIBLE REEMPLOYMENT THROUGH

EQUITABLE EMPLOYMENT RECOVERY (CAREER)

NATIONAL DISLOCATED WORKER GRANT

SPECIAL CONDITIONS OF AWARD
G
rant Number: DW-36843-21-60-A-6
Recipient: Richmond Workforce Development Board
Project Title: CAREER Dislocated Worker Grants
______________________________________________________________________________ The application to request National Dislocated Worker Grant (DWG) received on July 17, 2021, is conditionally approved for $893,164. As a condition of this grant award, you must address the issues identified in this document by submitting a subsequent modification request via email to your assigned Federal Project Operator (FPO) within 30 business days of the receipt of this grant award package. The modification request must incorporate all information requested below and receive FPO concurrence that all conditions have been resolved.

Please note that a submittal of revised documents does not in and of itself constitute approval by the Employment and Training Administration, and final approval must be given by the Grant Officer. Once approved, the revised documents will comprise the official modification to this grant agreement and the special conditions of award will be resolved.

In addition to the conditions listed below, you must work closely with your assigned FPO to ensure compliance with award terms and the applicable Training and Employment Guidance Letters, providing documentation as requested to demonstrate eligibility requirements, allowable project activities, and administrative cost limitations, and to ensure supportive services are consistent with WIOA. Grantees planning to purchase equipment (including information technology systems) must receive prior approval from the Grant Officer before making purchases, and may not purchase any equipment in the last year of the award.

Questions pertaining to the submission of the modification responding to these Conditions of Award must be directed to your FPO as soon as possible. Contact information for your assigned FPO is in the Federal Award Terms (p 5).

CONDITIONS OF AWARD
1) Revise the SOW to:
a. Incorporate a preliminary Implementation Plan for the proposed project that includes:
i. Project Activities including allowable career, training and supportive services.
239
2 ii. Targeted populations of Dislocated Workers Served by this Activity (or how Dislocated Workers will benefit from this activity if grant is focused on technology solutions only).
iii. Timeframes for Milestones and Project Completion.
iv. The preliminary Implementation Plan must be reviewed with your assigned FPO and receive concurrence that the proposed project activities and preliminary implementation plan are in compliance with WIOA and TEGLs 12-19 and 25-20.
3) Revise the Budget Narrative to:
a. Provide
a breakdown of all component costs related to each line item on the SF-424A. The breakouts provided for each line item cost must mathematically add up to equal the total dollar amount indicated on the corresponding SF-424A
line item.
b. Provide an explanation of these costs per the General Instructions for the

Budget Narrative. The description should at a minimum address the information requested in the General Instructions and clearly align with the

project narrative.

NOTICE REGARDING INDIRECT COSTS EXCLUDED IN THE SUBMISSION OF THE FULL BUDGET AND PLAN: Please be aware that incurred indirect costs (such as top management salaries, financial oversight, human resources, payroll, personnel, auditing costs, accounting and legal, etc. used for the general oversight and administration of the organization) must not be classified as direct costs; these types of costs are indirect costs. According to 2 CFR 200.412, if indirect costs are misclassified as direct costs, such costs may become disallowed through an audit. Please contact the assigned FPO for additional information.
2) Revise the SF-424 to:
a. Reflect the approved period of performance.
b.

Include the Authorized Representative’s handwritten signature. 240
1 Comprehensive and Accessible Reemployment through
Equitable Employment Recovery (CAREER)
National Dislocated Worker Grant
Federal Award Terms FY 2021

1. Order of Precedence ................................ ...............................................................................4

2. Notice of Award ................................ ......................................................................................4

3. Funding Opportunity Announcement ................................ ..................................................4

4. Administrative Law Judge Removal of Award ................................ ...................................4

5. Federal Project Officer ................................ ..........................................................................5

6. Indirect Cost Rate and Cost Allocation Plan ................................ .......................................5

7. Approved Statement of Work ................................ ...............................................................7

8. A ppr oved Budget ....................................................................................................................7

9. Return of Funds ................................ ......................................................................................8

10. Evaluation, Data, and Implementation ................................ ................................................8

11. Cost Limitation Restrictions ................................ ..................................................................8 a. Administrative Costs ................................ ................................................................................8 b. Single Audit Submission Deadline Extension Related to COVID-19 .....................................8 c. Budget Flexibility ................................ .....................................................................................9 d. Consultants ................................ ...............................................................................................9 e. Travel ................................ ......................................................................................................10 f. Travel – Foreign ................................ .....................................................................................10 g. Travel – Mileage Reimbursement Rates ................................ ................................................10 h. WIOA Infrastructure ................................ ..............................................................................10

12. Administrative Requirements ................................ .............................................................11 a. For-P rofit and Foreign Entities ...............................................................................................11 b. SF-424, A pplication for Federal Assistance, and SF-424B, Assurances and Certifications ..11 c. Audits ................................ .....................................................................................................11 d. Revisions to the Uniform Guidance ................................ .......................................................12 e. Changes in Micro-pur chase and Simplified Acquisition Thresholds .....................................12 f. Closeout/Final Year Requirements ................................ ........................................................12 g. Open Licensing ................................ .......................................................................................13 h. Equipment ................................ ..............................................................................................13 i. Federal Funding Accountability and Transparency Act (FFATA) ................................ ........13 j. Monitoring, Technical Assistance, and Additional Specific Conditions of Award ............... 16 k. Personally Identifiable Information ................................ ........................................................17 l. Pre-Awa rd ..............................................................................................................................17 m. Procurement ............................................................................................................................17 n. Program Income ................................ .....................................................................................17 o. Recipient Integrity and Performance Matters [for awards exceeding $500,000] ................... 18 p. Reports ................................ ....................................................................................................19 q. Requirements for Conference and Conference Space ................................ ............................20 r. Subawards ................................ ..............................................................................................20 241
2 s. Supportive Services & Participant Support Costs ................................ ..................................20 t. System for Award Management (SAM) ................................ ................................................21 u. Vendor/Contractor ................................ ..................................................................................23 v. Whistleblower Protection ................................ .......................................................................23 w. Telecommunications ..............................................................................................................23 x. Intellectual Property Rights ................................ ....................................................................24 y. Intellectual Property Rights and the Bayh-D ole Act [for discretionary awards] ...................24 z. Domestic Preferences for Procurements ................................ ................................................25

13. Program Requirements ................................ ........................................................................25

14. FY 2021 Federal Appropriations Requirements ................................ ...............................25 a. Requirement to Provide Certain Information in Public Communications ............................. 25 b. Fair Labor Standards Act Amendment for Major Disasters ................................ ...................25 c. Health Benefits Coverage for Contraceptives ................................ ........................................26 d. Privacy Act ................................ .............................................................................................27 e. Prohibition on Contracting with Corporations with Felony Criminal Convictions ............... 27 f. Prohibition on Contracting with Corporations with Unpaid Tax Liabilities .......................... 27 g. Prohibition on Procuring Goods Obtained Through Child Labor ................................ ..........27 h. Prohibition on Providing Federal Funds to Association of Community Organizations for Re
form Now (ACORN) ......................................................................................................27 i. Reporting of W aste, Fraud and Abuse ...................................................................................27 j. Requirement for Blocking Pornography ................................ ................................................28 k. Restriction on Health Benefits Coverage for Abortions ................................ ........................28 l. Restriction on Lobbying/Advocacy ................................ ........................................................28 m. Publicity ..................................................................................................................................28 n. Restriction on the Promotion of Drug Legalization ...............................................................29 o. Restriction on Purchase of S terile Needles or Syringes .........................................................29 p. Salary and Bonus Limitations ................................................................................................29

15. Public Policy ................................ ..........................................................................................29 a. Architectural Barriers ................................ .............................................................................29 b. Drug-F ree Workplace .............................................................................................................30 c. Executive Orders ................................ ....................................................................................30 12928: .........................................................................................................................................30 13043: .........................................................................................................................................30 13166: .........................................................................................................................................30 13513: .........................................................................................................................................30 d. Flood Insurance ................................ ......................................................................................30 e. Hotel-Mo tel Fire Safety ..........................................................................................................31 f. Prohibition on Trafficking in Persons ................................ ....................................................31 g. Veterans’ Priority Provisions ................................ .................................................................33 h. Promoting Equitable Delivery of Government Benefits and Equal Opportunity .................. 33 i. Harassment Prohibited ................................ ...........................................................................34

16. Technical Assistance, Resources, and Information ................................ ...........................35

17. Attachments ................................ ..........................................................................................35 242
3 Attachment A: SF-424
Attachment B: SF-424A
Attachment C: Budget Narrative
Attachment D: Statement of Work
Attachment E: Negotiated Indirect Cost Rate Agreement
243
4 1. Order of Precedence
In the event of any inconsistency between the terms and conditions of this Notice of Award (NOA) and other requirements, the following order of precedence shall apply:

I. Workforce Innovation and Opportunity Act
II. Other applicable Federal statutes.

III. Consolidated Appropriations Act, 2021 (Public Law 116-260) dated December 27, 2020.

IV. Implementing Regulations.

V. Executive Orders and Presidential Memoranda.

VI. The Office of Management and Budget (OMB) Guidance, including the Uniform Guidance at 2 CFR 200 and 2900.

VII. Training and Employment Guidance Letter WIOA No. 12-19, Operational Guidance for National Dislocated Worker Grants.

VIII. Terms and conditions of this award.

2. Notice of Award
The funds that are provided under this NOA must be expended according to all applicable Federal statutes, regulations and policies, including those of the Workforce Innovation and Opportunity Act (WIOA), the applicable approved WIOA State Plan (including approved modifications and amendments to the plan), and any waiver plan approved under WIOA Section 189(i)(3) or Workforce Flexibility (Workflex) plan approved under WIOA Section 190, the negotiated performance levels and policies established pursuant to the Secretary’s authority under WIOA Section 116, and the applicable provisions in the appropriations act(s).

T
he funds shall be obligated and allocated via a NOA grant modification. These obligations and expenditures may not exceed the amount awarded by the NOA modification unless otherwise modified by the ETA.

3. Funding Opportunity Announcement
Training and Employment Guidance Letter (TEGL) WIOA No. 12-19 transmits the funding opportunity associated with this award. TEGL No. 12-19 and all applicable amendments are hereby incorporated into the Notice of Award. Award recipients are bound by the authorizations, restrictions, and requirements contained in the FOA.

Therefore, the expenditure of grant funds by the award recipient certifies that your organization has read and will comply with all the parts that are contained in the NOA.

4. Administrative Law Judge Removal of Award
By drawing down funds, your organization as the award recipient agrees to the provisions of 20 CFR 683.820(b)(6), which states:
“
Any organization selected and/or funded under WIOA Title I, Subtitle D, is subject to having its award removed if an Administrative Law Judge (ALJ) decision so orders. As part of this 244
5 process, the Grant Officer will provide instructions on transition and closeout to both the newly selected grantee and to the grantee whose positions is affected or which is being removed.”

5. Federal Project Officer
The DOL/ETA Federal Project Officer (FPO) for this award is:

N
ame: Noel Woods
Telephone: 415-625-7966
E-mail: [email protected]
T
he FPO is not authorized to change any of the terms or conditions of the award, or approve prior approval requests. Any changes to the terms or conditions or prior approvals must be approved by the Grant Officer through the use of a formally executed award modification process.

6. Indirect Cost Rate and Cost Allocation Plan
Indirect (facilities & administrative (F&A)) costs means those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved. Direct costs, by contrast, can be identified specifically with a particular final cost objective, such as a Federal award, or other internally or externally funded activity, or that can be directly assigned to such activities relatively easily with a high degree of accuracy. Identification with the Federal award rather than the nature of the goods and services involved is the determining factor in distinguishing direct from indirect (F&A) costs of Federal awards.

I
f the DOL serves as the Federal Cognizant Agency (FCA) for the grant award recipient, then the grantee must work with DOL’s Cost & Price Determination Division (CPDD), which has delegated authority to negotiate and issue a Negotiated Indirect Cost Rate Agreement (NICRA) or Cost Allocation Plan (CAP) on behalf of the Federal Government. More information about the DOL’s CPDD is available at https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement- executive/cost-price-determination-division. This website has guidelines to develop indirect cost rates, links to the applicable cost principles, and contact information. The CPDD also has Frequently Asked Questions to provide general information about the indirect cost rate approval process and due dates for provisional and final indirect cost rate proposals at
https://www.dol.gov/agencies/oasam/centers-offices/office-of-the- senior-procurement-executive/cost-price-determination-division/faq.

I
f a new NICRA is issued during the grant’s period of performance, it must be provided to DOL within 30 days of issuance. Funds may be re-budgeted as necessary between direct cost categories as long as it is consistent with the Budget Flexibility term within this agreement, grant requirements, and DOL regulations on prior approval. However, the total amount of the grant award will not be increased.
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6 ___ A. A federally approved NICRA or federally approved CAP covering a portion of the grant period of performance is attached.

Regarding only the NICRA:
(1) Indirect Rate approved: See Attachment E
(2) Type of Indirect Cost Rate: See Attachment E
(3) Allocation Distribution Base: See Attachment E
(4) Current beginning and ending period applicable to rate: See Attachment E *Estimated Indirect Costs are shown on the SF-424A budget form.

___ B. (1)______The provided NICRA or CAP approved by the FCA does not cover a portion of the period of performance, or

(2)______Indirect costs are being claimed on the SF-424A, however an indirect cost rate proposal or CAP has not yet been submitted for approval to the FCA.

URGENT NOTICE: Estimated indirect costs have been specified on the SF- 424A, Section B, Object Class Category “j”, however only the de minimis rate of 10% of Modified Total Direct Costs (MTDC) will be released to support the indirect costs in the absence of a NICRA or CAP approved by the FCA. The remaining funds which have been awarded for Indirect Costs are restricted and may not be used for any purpose until the recipient provides a signed copy of the NICRA or CAP and receive documentation stating that the restriction is lifted by the Grant Officer. Upon receipt of the NICRA or CAP, the Grant Officer will issue a grant modification to the award to remove the restriction on those funds.

As the grant award recipient, the grantee must submit an indirect cost rate proposal or CAP. If the FCA for indirect costs is DOL, these documents should be submitted to the DOL’s Cost & Price Determination Division (CPDD) (see https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior- procurement-executive/cost-price-determination-division ). Otherwise, they should be submitted to the grant award recipient’s FCA. Alternatively, the grantee may request the de minimis rate if eligible (see section D. below). In addition, the recipient must notify the FPO that the documents have been submitted to the appropriate FCA. If the grant recipient does not submit a NICRA proposal within 90 days of award, they may be limited to the de minimis rate of 10% of Modified Total Direct Costs (MTDC). See section D below for more details and definitions.

__X_ C. The grant award recipient elected to exclude indirect costs from the proposed budget. Please be aware that incurred indirect costs (such as top management salaries, financial oversight, human resources, payroll, personnel, auditing costs, accounting and legal, etc. used for the general oversight and administration of the organization) must not be classified as direct costs; these types of costs are indirect costs. Only direct costs, as defined by the applicable 246
7 cost principles, will be charged. According to 2 CFR 200.412, if indirect costs are misclassified as direct costs, such costs may become disallowed through an audit.

___ D. The grant award recipient does not have a current negotiated (including provisional) rate and may elect to charge a de minimis rate of 10% of modified total direct costs (MTDC) which may be used indefinitely. A governmental department or agency unit that receives more than $35 million in direct Federal funding must submit its indirect cost rate proposal to its cognizant agency for indirect costs and cannot request a de minimis rate. This methodology must be used consistently for all Federal grant awards until such time as the grant award recipient chooses to negotiate for an indirect cost rate, which the grantee may apply to do at any time. See 2 CFR 200.414(f) for more information on use of the de minimis rate. Please be aware that incurred indirect type costs (such as top management salaries, financial oversight, human resources, payroll, personnel, auditing costs, accounting and legal, etc. used for the general oversight and administration of the organization) must not be classified as direct costs; these types of costs are recovered as part of charging the de minimis rate.

All grant recipients with an approved NICRA or de minimis rate must report indirect costs on their FINAL ETA-9130 Form. If a grant recipient has a NICRA and a CAP, only the indirect costs tied to the NICRA are reported on the ETA-9130 Form. The grantee can refer to Training and Employment Guidance Letter (TEGL) 20-19 and https://www.doleta.gov/grants/pdf/ETA-9130_Financial_Reporting_Resources.pdf for
additional guidance.

7. Approved Statement of Work
This project’s narrative is the approved SOW. It has been included as Attachment D. If there is any inconsistency between the project narrative and the program statute, appropriation, regulations, Executive Orders, Uniform Guidance, OMB Circulars, and DOL/ETA directives, the order of precedence (as described in Section 1. above) will prevail.

8. Approved Budget
The grant award recipient’s budget documents are attached in this NOA. The documents are: 1) the SF-424, included as Attachment A; 2) the SF-424 A, included as Attachment B; and 3) the Budget Narrative, included as Attachment C. As the grant award recipient, the grantee must confirm that all costs are allowable before creating any expenses.

Pursuant to 2 CFR 2900.1, the approval of the budget as awarded does not constitute prior approval of those items specified in 2 CFR part 200 or as a part of the grant award as requiring prior approval. The Grant Officer is the only official with the authority to provide such approval. Any changes to the budget that impact the Statement of Work The Grant Officer is the only official with the authority to provide such approval. Any changes to the budget that impact the Statement of Work (SOW) and agreed upon outcomes or deliverables will require a request for modification and prior approval from the Grant Officer.
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8 If the period of performance will include multiple budget periods, subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance terms and conditions of the Federal award.

9. Return of Funds
DOL/ETA does not accept paper checks for any type of returned funds. For active grants, all returns of funds are to be submitted electronically through the PMS operated by the U.S. Department of Health and Human Services (HHS) via the same method as a drawdown. For grants that have been cancelled or are expired (typically older than five years), incoming payments, including returns and recoveries to DOL, must be made via the Pay.gov website (https://www.pay.gov/public/form/start/177233981).

If there are questions regarding the return of funds or your organization no longer has access to PMS, contact the DOL, ETA, Office of Financial Administration via email at:

[email protected]
for further assistance.

10. Evaluation, Data, and Implementation
As the grant award recipient, the grantee must cooperate during the implementation of a third-party evaluation. This means providing DOL or its authorized contractor with the appropriate data and access to program operating personnel and participants in a timely manner.

11. Cost Limitation Restrictions
a. Administrative Costs
Administrative costs under this award follow the definition in the Workforce Innovation and Opportunity Act at 20 CFR 683.215.

There is a 15 percent limitation on a DWG project’s total administrative costs when the direct recipient is not also serving as the project operator. Unless a written justification is approved by the Grant Officer, administrative costs may not exceed this 15 percent limit.

Direct recipients of DWG funds are limited to spending no more than 5 percent of the total award on administrative costs, and the project operator(s) may retain up to 10 percent of the award amount (for a total of 15 percent of the award). Compliance with the administrative costs limit is monitored throughout the grant period. Any amounts exceeding this limitation at closeout will be disallowed and subject to debt collection.

For DWG recipients who are also serving as the project operator, the administrative costs limit is 10 percent of the total award.

b. Single Audit Submission Deadline Extension Related to COVID-19 In OMB Memorandum M-20-17
, OMB offered an extension of Single Audit submission
deadlines for fiscal years ending June 30, 2020 to allow recipients and subrecipients a 248
9 responsible transition to normal operations. This flexibility was extended through December 31, 2020 by OMB Memorandum 20-26.

In OMB Memorandum M-21-20, Appendix 3, Item IX, OMB has offered an additional extension of Single Audit submission deadlines for fiscal years ending June 30, 2021.

Award recipients and subrecipients that have not yet filed their single audits with the Federal Audit Clearinghouse as of March 19, 2021 that have fiscal year-ends through June 30, 2021 may delay the completion and submission of the Single Audit reporting package, as required under 2 CFR § 200.501 (Audit Requirements), to six (6) months beyond the normal due date. This extension does not require individual recipients and subrecipients to seek approval for the extension by the cognizant or oversight agency for audit; however, recipients and subrecipients should maintain documentation of the reason for the delayed filing.

c. Budget Flexibility
Federal recipients are not permitted to make transfers that would cause any funds to be used for purposes other than those consistent with this Federal program. Any budget changes that impact the SOW and agreed upon outcomes or deliverables require a request for modification and approval from the Grant Officer.

As directed in 2 CFR 200.308(e), for programs where the Federal share is over the Simplified Acquisition Threshold (SAT) (currently $250,000), the transfer of funds among direct cost categories or programs, functions, and activities is restricted such that if the cumulative amount of such transfers exceeds or is expected to exceed 10% of the total budget as last approved by the Federal awarding agency, the recipient must receive prior approval from the Grant Officer. Any changes within a specific cost category on the SF424(a) do not require a grant modification unless the change results in a cumulative transfer among direct cost categories exceeding 10% of total budget. It is recommended that the assigned FPO review any within-line changes to the grant award recepient’s budget prior to implementation to ensure they do not require a modification.

For programs where the Federal share of the project is below the SAT of $250,000, recipients are not required to obtain the Grant Officer’s approval when transferring funds among direct cost categories.

d. Consultants
For the purposes of this grant award, the ETA’s Grant Officer has determined that fees paid to a consultant who provides services under a program shall be limited to $750.00 a day (representing an eight-hour workday). Such costs must be reasonable, allocable and allowable to the program. Any fees paid in excess of this amount cannot be paid without prior approval from the Grant Officer.

2 CFR 2900.8 before it can be recognized and reported as match on the ETA-9130 report.

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10 e. Travel
This award waives the prior approval requirement for domestic travel as contained in 2 CFR 200.475. For domestic travel to be an allowable cost, it must be necessary, reasonable, allocable and conform to the non-Federal entities written policies and procedures. All travel must also comply with Fly America Act (49 USC 40118), which states in part that any air transportation, regardless of price, must be performed by, or under a code-sharing arrangement with, a U.S. Flag air carrier if service provided by such carrier is available.

f. Travel – Foreign
Foreign travel is not allowable except with prior written approval from the Grant Officer through the process described in 2 CFR 200.407 and 2 CFR 2900.16. All travel, both domestic and Grant Officer approved foreign travel, must comply with the Fly America Act (49 USC 40118), which states in part that any air transportation, regardless of price, must be performed by, or under a code-sharing arrangement with, a U.S. Flag air carrier if service provided by such carrier is available.

g. Travel – Mileage Reimbursement Rates
Pursuant to 2 CFR 200.475(a), all award recipients must have policies and procedures in place related to travel costs; however, for reimbursement on a mileage basis, this Federal grant award cannot be charged more than the maximum allowable mileage reimbursement rates for Federal employees. Mileage rates must be checked annually at www.gsa.gov/mileage to ensure compliance.

h. WIOA Infrastructure
WIOA, Section 121(b)(1)(B) and 20 CFR 678.400 require the following programs to be One-Stop partners:

A. WIOA, Title I programs: Adult, Dislocated Worker, and Youth formula programs, Job Corps, YouthBuild, Native American programs, National Dislocated Worker Grants (DWG), and NFJP;
B. Wagner-Peyser Act Employment Service (ES) program authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as amended by WIOA, Title III; C. SCSEP authorized under Title V of the Older Americans Act of 1965; D. Trade Adjustment Assistance (TAA) activities authorized under Chapter 2 of Title II of the Trade Act of 1974;
E. Unemployment Compensation (UC) programs;
F. Jobs for Veterans State Grants (JVSG) programs authorized under Chapter 41 of Title 38, U.S.C.; and
G. Reentry Employment Opportunities (REO) programs (formerly known as the Reintegration of Ex-Offenders Program (RExO) awarded prior to January 1, 2019 which were authorized under Section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532).

With the exception of Native American programs established under WIOA, Section 166 all One-Stop partner programs including all programs that are funded under Title I of 250
11 WIOA are required to contribute to the infrastructure costs and certain additional costs of the One-Stop delivery system in proportion to their use and relative benefits received, per 20 CFR 678.700 and 678.760. While Native American programs are not required to contribute to infrastructure costs per WIOA Section 121(h)(2)(D)(iv), they are strongly encouraged to contribute as stated in TEGL No. 17-16. The sharing and allocation of infrastructure costs between One-Stop partners is governed by WIOA Section 121(h), WIOA’s implementing regulations, and the Federal Cost Principles contained in the Uniform Guidance at 2 CFR part 200 and DOL’s exceptions at 2 CFR part 2900. The Federal Cost Principles state that a partner’s contribution is an allowable, reasonable, necessary, and allocable cost to the program and is consistent with other legal requirements.

If not deemed a required one-stop partner, it is strongly recommended that the grant recipient partner with the local WIOA one-stop delivery system in its service area(s). The one-stop system can assist with referrals, labor market information, and many other services that will directly benefit the management and performance of your grant. The one-stop system also provides access to a wide range of publicly- and privately-funded education, employment, training, and supportive services while also providing high-quality customer service to job seekers, workers, and businesses.

12. Administrative Requirements
a. For-Profit and Foreign Entities
Recipients of Federal Awards from DOL are included in the definition of Non-Federal Entity (NFE) for purposes of compliance with the Uniform Guidance found at 2 CFR 200 and 2900. OMB approved an exception for DOL at 2 CFR 2900.2, which defines Non- Federal Entity as a state, local government, Indian tribe, institution of higher education (IHE), for-profit entity, foreign public entity, foreign organization or nonprofit organization that carries out a Federal award as a recipient or subrecipient.

b. SF-424, Application for Federal Assistance, and SF-424B, Assurances and Certifications
The signed SF-424, Application for Federal Assistance, has been included as an attachment to this grant award. The individual that signed the SF-424 on behalf of the applicant is considered the Authorized Representative of the applicant. As stated in block 21 of the SF-424 form, the signature of the Authorized Representative on the SF-424 certifies that the grant award recepient is in compliance with the Assurances and Certifications form SF-424B (available at
http://apply07.grants.gov/apply/forms/sample/SF424B-V1.1.pdf ). The grant award
receipent does not need to submit the SF-424B form separately. c. Audits
Organization-wide or program-specific audits must be performed in accordance with Subpart F, the Audit Requirements of the Uniform Guidance. DOL awards recipients that expend $750,000 or more in a year from any Federal awards must have an audit conducted for that year in accordance with the requirements contained in 2 CFR 200.501. 251
12 OMB’s approved exception at 2 CFR 2900.2 expands the definition of ‘non-Federal entity’ to include for-profit entities and foreign entities. As such, for-profit and foreign entities that are recipients or subrecipients of a DOL award must adhere to the Uniform Guidance at 2 CFR 200, including Subpart F. Those audits must be submitted directly to USDOL-OGM, Attention: Audit Resolution Team.

d. Revisions to the Uniform Guidance
The Office of Management and Budget issued revisions to 2 CFR parts 25, 170, 183, and 200 (the Uniform Guidance) on August 13, 2020. These revisions became effective November 12, 2020, except for the amendments to §§ 200.216 and 200.340, which were immediately effective on August 13, 2020. The grant award recipient must operate in compliance with these revised regulations. Please note that the section numbering in the Uniform Guidance has changed in some instances, and this Terms & Conditions document has been updated accordingly.

e. Changes in Micro-purchase and Simplified Acquisition Thresholds OMB’s memorandum M-18-18, issued on June 20, 2018, increased the threshold for micro-purchases under Federal financial assistance awards from $3,500 to $10,000 and the threshold for simplified acquisitions under Federal financial assistance awards from $100,000 to $250,000. These two threshold increases were effective for all of ETA’s grant recipients as of October 1, 2018. All ETA grant recipients should carefully review the above-referenced memorandum and make any necessary updates to their financial and administrative policies, procedures, and systems as a result of these threshold increases.
f. Closeout/Final Year Requirements
At the end of the grant period, the award recipient will be required to close the grant with the ETA. The grant recipient will be notified approximately 15 days prior to the end of the period of performance that the closeout process will begin when the period of performance ends. See https://www.dol.gov/agencies/eta/grants/management/closeout

for further information on the closeout process. The recipient’s responsibilities at closeout may be found at 2 CFR 200.344. During the closeout process, the grant recipient must be able to provide documentation for all direct and indirect costs that are incurred.

For instance, if an organization is claiming indirect costs, the required documentation is a NICRA or CAP issued by the grantee’s FCA. For those approved to utilize a de minimis rate for indirect costs, the grant agreement is sufficient documentation. Not having documentation for direct or indirect costs will result in costs being disallowed and subject to debt collection.

The only liquidation that can occur during closeout is the liquidation of accrued expenditures (NOT obligations) for goods and/or services received during the grant period (2 CFR 2900.15).

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13 g. Open Licensing
As required at 2 CFR 2900.13, any intellectual property developed under a discretionary Federal award process must be licensed under an open license, which allows subsequent users to copy, distribute, transmit and adapt the copyrighted work and attribute the work in the manner specified by the recipient.

h. Equipment
The grant award recipient(s) must receive prior approval from the Grant Officer to purchase any equipment as defined in the Uniform Guidance at 2 CFR 200.1. Prior approval is required only when the acquisition cost is $5,000 or more regardless of the non-Federal entity’s capitalization threshold. Equipment purchases must be made in accordance with 2 CFR 200.313 or 2 CFR 200.439.

Being awarded this grant does not automatically mean that the equipment specified in the approved budget or SOW is approved by the Grant Officer. If not specified above, the recipient must submit a detailed list describing the purchase to the FPO for review within 90 days of the NOA date. The recepients are strongly encouraged to submit requests for equipment purchase as early as possible in the grant’s period of performance with as many planned pieces of equipment as possible.

Recipients may not purchase equipment during the last year of the period of performance or the last year of full program service delivery (not follow up activities), whichever comes first. If any approved acquisition has not occurred prior to the last funded year of performance, approval for that item is rescinded.

i. Federal Funding Accountability and Transparency Act (FFATA)

1. Reporting of first-tier subawards.

I. Applicability. Unless the grant award recepient is exempt as provided in paragraph [4.] of this award term, the grantee must report each action that equals of exceeds $30,000 in Federal funds for a subaward to an non-Federal entity or Federal agency (see definitions in paragraph [5.] of this award term).

II. Where and when to report.

I. The Federal entity or Federal agency must report each obligating action described in paragraph [1.i.] of this award term to https://www.fsrs.gov .

II. For subaward information, the recipient must report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) III. What to report. The grant award recipient must report the information about each obligating action that the submission instructions posted at https://www.fsrs.gov
specify.

2. Reporting total compensation of recipient executives for non-Federal entities.

I. Applicability and what to report. The grant award recipient must report total compensation for each of their five most highly compensated executives for the preceding completed fiscal year, if—
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14 I. the total Federal funding authorized to date under this Federal award is equals or exceeds $30,000 as defined in 2 CFR 170.320;
II. in the preceding fiscal year, the grantee received— (A) 80% or more of the annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
III. The public does not have access to information on the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission (SEC) total compensation filings at https://www.sec.gov/answers/execomp.htm
.)
II. Where and when to report. The grant award recipient must report executive total compensation described in paragraph [2.a.] of this award term:
a. As part of your registration profile at http://www.sam.gov .
b. By the end of the month following the month in which this award is made, and annually thereafter.

3. Reporting of Total Compensation of Subrecipient Executives.

I. Applicability and what to report. Unless the grantee is exempt as provided in paragraph [4.]of this award term, for each first-tier non-Federal entity subrecipient under this award, the grant award recipient shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—
I. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80% or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and II. The public does not have access to information on the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the SEC total compensation filings at
https://www.sec.gov/answers/execomp.htm
.)
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15 II. Where and when to report. The grant award recipient must report subrecipient executive total compensation described in paragraph [3.a] of this award term:

I. To the recipient.

II. By the end of the month following the month during which the grantee make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), the grantee must report any required compensation information of the subrecipient by November 30 of that year.

4. Exemptions.

If, in the previous tax year, the grant award recipient had gross income, from all sources, under $300,000, the grantee is exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient.

5. Definitions.

For purposes of this award term:
a. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).
b. Non-Federal Entity means all of the following, as defined in 2 CFR part 25:

I. A Governmental organization, which is a State, local government, or Indian tribe;
II. A foreign public entity;
III. A domestic or foreign nonprofit organization; and
IV. A domestic or foreign for-profit organization.
c. Executive means officers, managing partners, or any other employees in management positions.
d. Subaward:

I. This term is used as a legal instrument to provide support for the performance of any portion of the substantive project or program for which the grantee received this award and that the grantee as the recipient award to an eligible subrecipient.

II. The term does not include the grant award recipient procurement of property and services needed to carry out the project or program (for further explanation, see [2 CFR 200.330]).

III. A subaward may be provided through any legal agreement, including an agreement that the grantee or a subrecipient considers a contract. e. Subrecipient means a non-Federal entity or Federal agency that:

I. Receives a subaward from the grant award recipient under this award; and
II. Is accountable to the grantee for the use of the Federal funds provided by the subaward.
f. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

I. Salary and bonus.
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16 II. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

III. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

IV. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

V. Above-market earnings on deferred compensation which is not tax- qualified.

VI. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

j. Monitoring, Technical Assistance, and Additional Specific Conditions of Award All grant recipients, including states and territories managing the Unemployment Insurance programs, are subject to 2 CFR §200.208, Specific conditions, which indicates that the Federal awarding agency may adjust specific award conditions as needed. A specific condition is based on an analysis of the following factors:

(1) Based on the criteria in §200.206, Federal awarding agency review of risk posed by applicants;
(2) The applicant or recipient's history of compliance with the general or specific terms and conditions of a Federal award;
(3) The applicant or recipient's ability to meet expected performance goals as described in §200.211; or
(4) A responsibility determination of an applicant or recipient.

Additional Federal award conditions may include items such as the following:
(1) Requiring payments as reimbursements rather than advance payments; (2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given performance period; (3) Requiring additional, more detailed financial reports; (4) Requiring additional project monitoring;
(5) Requiring the non-Federal entity to obtain technical or management assistance; or
(6) Establishing additional prior approvals.
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17 Grant recipients may be required to obtain technical or management assistance through an established provider/contractor that has been selected or hired by DOL that may include in-person or remote assistance.
k. Personally Identifiable Information
The grant award recipient(s) must recognize and safeguard Personally Identifiable Information (PII) except where disclosure is allowed by prior written approval of the Grant Officer or by court order. Award recipients must meet the requirements in TEGL No. 39-11, Guidance on the Handling and Protection of PII, can be found at http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7872.

l. Pre-Award
All costs incurred by the award recipient prior to the start date specified in the grant award issued by the Department are incurred at the recipient’s own expense.

m. Procurement
The Uniform Guidance Procurement Standards at 2 CFR 200.318-327 require all grant award recipients and subrecipients to conduct procurement transactions in a manner that promote practical, open, and free competition. The award recipient’s description in the SOW of a specific entity that will provide goods or services does not constitute approval or justification of sole-source procurement from this entity.

The Uniform Guidance (at 2 CFR 200.317) requires States (as defined at 2 CFR 200.1) to follow the same procurement policies and procedures it uses for non-Federal funds. The State must comply with 2 CFR 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327.

The Uniform Guidance (2 CFR 200.317) require States (as defined at 2 CFR 200.1) to follow the same procurement policies and procedures it uses for non-Federal funds. The state must comply with 2 CFR 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by § 200.327. The grant award recipient(s) must also follow the requirements regarding the competitive selection of One-Stop Operators at WIOA Sections 121(d) and 123.

n. Program Income
The Addition method as described in 2 CFR 200.307 must be used in allocating any program income generated for this grant award. The grant award recipient must expend all program income prior to drawing down any additional funds as required at 2 CFR 200.305(b)(5) and 2 CFR 200.307(e). Any program income found remaining at the end of period of performance must be returned to ETA. In addition, the grant award recipient(s) must report program income on the quarterly financial report using ETA-9130 form.

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18 o. Recipient Integrity and Performance Matters [for awards exceeding $500,000]

1. If the total value of the currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the grant award recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in Paragraph 2 of this award term and condition. This is a statutory requirement under Section 872 of Public Law 110- 417, as amended (41 U.S.C. 2313). As required by Section 3010 of Public Law 111- 212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings about which the grant recipient must report. Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent 5-year period; and c. Is one of the following:

I. A criminal proceeding that resulted in a conviction, as defined in Paragraph 5. of this award term;
II. A civil proceeding that resulted in a finding of fault and liability and paying a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
III. An administrative proceeding, as defined in Paragraph 5. of this award term, that resulted in a finding of fault and liability and grantee payment of either monetary fine or penalty of $5,000 or more or a reimbursement, restitution, or damages in excess of $100,000; or
IV. Any other criminal, civil, or administrative proceeding if:
(A) It could have led to an outcome described in Paragraph 2.c.I, II, or III of this award term;
(B) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the grantee’s part; and
(C) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting procedures. Enter in SAM, Entity Management area (formerly CCR), or any successor system, the FAPIIS information that SAM requires about each proceeding described in Paragraph 2. of this award term. The grant award recipient does not need to submit the information a second time under assistance awards that were received if the recipient already provided the information through SAM (formerly CCR) because the recipient was required to do so under Federal procurement contracts that the recipient was awarded.

258
19 4. Reporting frequency. During any period of time when the grant award recipient is a subject to the requirement in paragraph 1. of this award term, the grantee must report FAPIIS information through SAM no less frequently than semiannually following the initial report of any proceedings for the most recent 5-year period, either to report new information about any proceeding(s) that the grantee has not reported previously or affirm that there is no new information to report.

5. Definitions. For purposes of this award term:

a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., SEC Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level. It does not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes —
I. Only the Federal share of the funding under any award with a recipient cost share or match; and
II. The value of all options, even if not yet exercised.

p. Reports
All ETA grant award recipients are required to submit quarterly financial and narrative progress reports for each grant award.

a. Quarterly Financial Reports. All ETA grant award recipients are required to report quarterly financial data on the ETA-9130 Form. ETA-9130 reports are due no later than 45 calendar days after the end of each specified reporting quarter.

Reporting quarter end dates are March 31, June 30, September 30, and December

31. A final financial report must be submitted no later than 45 calendar days after the quarter ends and the closeout 9130 report must be submitted no later than 90 calendar days after the grant period of performance ends. A closeout report will be submitted during the closeout process. For additional guidance on ETA’s financial reporting, reference TEGL 20-19 and
https://www.doleta.gov/grants/pdf/ETA-
9130_Financial_Reporting_Resources.pdf

The instructions for accessing both the online financial reporting system and the HHS PMS can be found in the transmittal memo accompanying this NOA.

b. Quarterly Performance Reports and Quarterly Narrative Reports.

Recipients must submit Quarterly Performance and Quarterly Narrative Reports in accordance with TEGL 14-18, Attachment 6, which can be found at:
https://wdr.doleta.gov/directives/attach/TEGL/TEGL_14-18_Attachment- 259
20 6_Acc.pdf.
• Workforce Integrated Performance System (WIPS) is the vehicle through which DWG grantees must submit individual records based on the Participant Individual Record Layout (PIRL). The Web-based reporting system is accessed using the following link:
https://dol.appiancloud.com/suite/
.
• Grantees are required to use the Joint Quarterly Narrative Report Template (ETA-9179) for quarterly performance narrative reporting. Grantees submit the Quarterly Narrative Report using the WIPS reporting system. • Information on DWGs awarded to states must be included in that state’s WIOA Annual Statewide Performance Report Narrative in accordance with the guidance.

c. Project Implementation Plan.

Recipients must adhere to the Project Implementation Plan submission requirements of their respective regional office, in accordance with 20 CFR 687.150. Contact the assigned Federal Project Officer for further details.

q. Requirements for Conference and Conference Space
Conferences sponsored in whole or in part by the grant award recipient are allowable if the conference is necessary and reasonable for the successful performance of the Federal Award. The grant award recipients are urged to use discretion and good judgment to ensure that all conference costs charged to the grant are appropriate and allowable. For more information on the requirements and the allowability of costs associated with conferences, refer to 2 CFR 200.432. Recipients will be held accountable to the requirements in 2 CFR 200.432. Therefore, costs that do not comply with 2 CFR 200.432 will be questioned and may be disallowed.

r. Subawards
A subaward means an award provided by a Pass-Through Entity (PTE) to a subrecipient for the subrecipient to carry out part of a Federal award received by the PTE. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the PTE considers a contract.

The provisions of the Terms and Conditions of this award will be applied to any subrecipient under this award. The recipient is responsible for monitoring the subrecipient, ensuring that the Terms and Conditions are in all subaward packages and that the subrecipient complies with all applicable regulations and the Terms and Conditions of this award (2 CFR 200.101(b)).

s. Supportive Services & Participant Support Costs
When supportive services are expressly authorized by a program statute, regulation, or FOA, this award waives the prior approval requirement for participant support costs as described in 2 CFR 200.456. Costs must still meet the basic considerations at 2 CFR 260
21 200.402 – 200.411. Questions regarding supportive services and participant support costs should be directed to the FPO who is assigned to the grant.

t. System for Award Management (SAM)
SAM is the official federal system that collects, validates, stores, and disseminates business information about the federal government's trading partners in support of contract awards, grants, and electronic payment processes. A SAM registration is required for an entity to be able to apply for federal grants, to request modifications to existing grants, and to enable them to closeout expiring grants. See Training and Employment Notice 18-17 for additional guidance.

Unless the grant award recipient is exempt from this requirement under 2 CFR 25.110, the grantee must maintain current its information in the SAM. This includes information on the recipient’s immediate and highest level owner and subsidiaries, as well as on all of the recipient’s predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until the grantee submits the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that the grantee review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another Federal award term.

1. Unique Entity Identifier Requirements
If the grant award recipient is authorized to make subawards under this award, then the grantee:
i. Must notify potential subrecipients that no entity (see definitions below) may receive a subaward from the grant award recipient until the entity has provided its unique entity identifier to the grantee.
ii. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to the grantee. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

NOTE: At some point, the DUNS Number will be replaced by a new, non-proprietary identifier requested in and assigned by SAM.gov. This new identifier is being called the Unique Entity Identifier (UEI), or the Entity ID. Users should continue using the DUNS Number in UEI fields until further notice. To learn more about SAM’s rollout of the UEI, please visit gsa.gov/entityid
.

2. Definitions
For purposes of this term:
i. SAM is the Federal repository where the grant award recipients must provide information required for the conduct of business as recipients. Additional information about registration procedures may be found at the SAM website (http://www.sam.gov).
ii. Unique entity identifier means the identifier assigned by SAM to uniquely identify business entities.
iii. Entity, as it is used in this grant award term, includes all of the following, as defined at 2 CFR Part 25, Appendix A:
261
22 a. A non-Federal entity as defined at 2 CFR 200.1 (A State, local government, Indian Tribe, Institute of Higher Education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient);
b. A foreign organization;
c. A foreign public entity;
d. A domestic for-profit organization; and
e. A Federal agency.
iv. Subaward means:

An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass- through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.

v. Subrecipient means:

An entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.

3. Existing SAM Registrants
ETA advises grant recipients registered in SAM to review their registration information, particularly their financial information and points of contact. Assistance is available by contacting the Federal Service Desk at www.fsd.gov
. Grant recipients should contact
ETA at [email protected] if they find that payments have been paid to a bank account other than their registered bank account.

ETA further encourages grant recipients to review the expiration date of their SAM registration and begin the renewal process well in advance, to ensure that their registration remains valid. If the grant recipient has not logged in and updated its entity registration record within at least the past 365 days, its record will expire and go into inactive status. Timely renewal will ensure that the grant recipient can continue to request and receive modifications to their existing grants, as well as apply for new funding opportunities. Further, the DUNS and EIN numbers must remain active until the grant award closeout process is fully completed.

4. Validation
ETA routinely checks the validity of a grant recipient’s SAM registration and verifies that the recipient isn’t included on the excluded parties list before making a grant award, or approving a modification to an existing award. Failure to have an active SAM registration can delay grant recipients from receiving their initial award or requested modifications to their existing awards.
262
23 u. Vendor/Contractor
The term “contractor,” sometimes referred to as a vendor, is a dealer, distributor, merchant or other seller providing goods or services that are required to implement a Federal program (see 2 CFR 200.1). These goods or services may be for an organization's own use or for the use of the beneficiaries of the Federal program. Additional guidance on distinguishing between a subrecipient and a contractor (vendor) is provided in 2 CFR 200.331. When procuring contractors for goods and services, DOL/ETA recipients and subrecipients, must follow the procurement requirements found at 2 CFR 200.319, except states, pursuant to 2 CFR 200.317,which calls for free and open competition. v. Whistleblower Protection
This grant award and employees working on this grant award are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. The grant award recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation (48 CFR 3.908; note that for the purpose of this term and condition, use of the term "contract," "contractor," "subcontract," or "subcontractor" in section 3.908 should be read as "grant," "grantee," "subgrant," or "subgrantee"). The recipient shall insert the substance of this clause in all subgrants and contracts over the Simplified Acquisition Threshold.

w. Telecommunications
Title 2 CFR §200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (Effective August 13, 2020)

(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under 263
24 Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also §200.471.

x. Intellectual Property Rights
The Federal Government reserves a paid-up, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use for federal purposes: i) the copyright in all products developed under the grant, including a subgrant or contract under the grant or subgrant; and ii) any rights of copyright to which the grant award recipient, subrecipient or a contractor purchases ownership under an award (including but not limited to curricula, training models, technical assistance products, and any related materials). Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise.

Federal funds may not be used to pay any royalty or license fee for use of a copyrighted work, or the cost of acquiring by purchase a copyright in a work, where the DOL/ETA has a license or rights of free use in such work, although they may be used to pay costs for obtaining a copy which is limited to the developer/seller costs of copying and shipping.

If revenues are generated by selling products developed with grant funds, including intellectual property, these revenues are considered as program income. Program income must be used in accordance with the provisions of this grant award and 2 CFR 200.307.

The following language must be on all workforce products developed in whole or in part with grant funds:

“This workforce product was funded by a grant awarded by the U.S.

Department of Labor (DOL)’s Employment and Training Administration (ETA). The product was created by the recipient and does not necessarily reflect the official position of DOL/ETA. DOL/ETA makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership.

This product is copyrighted by the institution that created it.”

y. Intellectual Property Rights and the Bayh-Dole Act [for discretionary awards] All small business firms, and non-profit organizations (as defined at the link below, and including Institutions of Higher Education) must adhere to the Bayh-Dole Act, which requirements are provided at 37 CFR 401.3(a) and at
264
25 https://doleta.gov/grants/pdf/BayhDoleGrantTerm.pdf. To summarize, these requirements describe the ownership of intellectual property rights and the government’s nonexclusive, nontransferable, irrevocable, paid-up license to use any invention conceived or first actually reduced to practice in the performance of work under this grant award. These requirements are in addition to those found in the Intellectual Property Rights term above.
z. Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of 2 CFR Part 200.322 must be included in all subawards including all contracts and purchase orders for work or products under this award.

13. Program Requirements
Training and Employment Guidance Letter (TEGL) WIOA No. 12-19 contains the program requirements for this award.

14. FY 2021 Federal Appropriations Requirements
a. Requirement to Provide Certain Information in Public Communications Pursuant to P.L. 116-260, Division H, Title V, Section 505, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all non-Federal entities receiving Federal funds shall clearly state:

1. The percentage of the total costs of the program or project which will be financed with Federal money;

2. The dollar amount of Federal funds for the project or program; and

3. The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

The requirements of this term are separate from those in 2 CFR Part 200 and, when applicable, both must be complied with.

b. Fair Labor Standards Act Amendment for Major Disasters

Pursuant to P.L. 116-260, Division H, Title I, Section 108, the Fair Labor Standards Act of 1938 (FLSA) will apply as if the following language was added to Section 7 (the Maximum Hours Worked Section). This language specifically relates to occurrences of a major disaster (as declared or designated by the state or federal government) and are applied for a period of two years afterwards. The language is as follows:

“(s)(1) The provisions of this section [maximum hours worked] shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— 265
26 (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts;
(B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following:
(i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates;
(iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or
(v) making recommendations regarding litigation.
(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1) [of the FLSA].
(3) For purposes of this subsection—
(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency or department; (B) the term ‘employee employed to adjust or evaluate claims resulting from or relating to such major disaster’ means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term ‘affiliate’ means a company that, by reason of ownership or control of 25% or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company.”

c. Health Benefits Coverage for Contraceptives

Federal funds may not be used to enter into or renew a contract which includes a provision for prescription drug coverage unless the contract also includes a provision for contraceptive coverage. This requirement does not apply to contracts with 1) the religious plans Personal Care’s HMO and OSF HealthPlans, Inc. and 2) any existing or future plan if the carrier for the plan objects to such coverage on the basis of religious beliefs.

In implementing this section, any plan that enters into or renews a contract may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be 266
27 contrary to the individuals’ religious beliefs or moral convictions. Nothing in this term shall be construed to require coverage of abortion or abortion related services.

d. Privacy Act

No funds can be used in contravention of 5 U.S.C. 552a (the Privacy Act) or regulations implementing the Privacy Act.

e. Prohibition on Contracting with Corporations with Felony Criminal Convictions The recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months.

f. Prohibition on Contracting with Corporations with Unpaid Tax Liabilities

The grant award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

g. Prohibition on Procuring Goods Obtained Through Child Labor Pursuant to P.L. 116-260, Division H, Title I, Section 103, no funds may be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries identified by the DOL prior to December 20, 2019. DOL has identified these goods and services here:
https://www.dol.gov/agencies/ilab/reports/child-labor/list- of-products.

h. Prohibition on Providing Federal Funds to Association of Community Organizations for Reform Now (ACORN)
Pursuant to P.L. 116-260, Division H, Title V, Section 521, these funds may not be provided to the ACORN, or any of its affiliates, subsidiaries, allied organizations or successors.

i. Reporting of Waste, Fraud and Abuse

No entity receiving federal funds may require employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or 267
28 statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

j. Requirement for Blocking Pornography
Pursuant to P.L. 116-260, Division H, Title V, Section 520, no Federal funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

k. Restriction on Health Benefits Coverage for Abortions Pursuant to P.L. 116-260, Division H, Title V, Section 506 and 507, Federal funds may not be expended for health benefits coverage that includes coverage of abortions, except when the pregnancy is the result of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself that would, as certified by a physician, place the women in danger of death unless an abortion is performed. This restriction does not prohibit any non-Federal entity from providing health benefits coverage for abortions when all funds for that specific benefit do not come from a Federal source. Additionally, no funds made available through this grant award may be provided to a State or local government if such government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. l. Restriction on Lobbying/Advocacy
Pursuant to P.L. 116-260, Division H, Title V, Section 503, no federal funds may be used to pay the salary or expenses of any grant recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive–legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government.

m. Publicity

Pursuant to P.L. 116-260, Division H, Title V, Section 503, the grant award recipient is not authorized to use any funds provided under this grant award—other than for normal and recognized executive–legislative relationships—for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation, designed to support or defeat legislation pending before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or local legislature itself, or designed to support or defeat any proposed or pending regulation, 268
29 administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself.

n. Restriction on the Promotion of Drug Legalization

Pursuant to P.L. 116-260, Division H, Title V, Section 509, no Federal funds shall be used for any activity that promotes the legalization of any drug or other substance included in Schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications or where there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.

o. Restriction on Purchase of Sterile Needles or Syringes Pursuant to P.L. 116-260, Division H, Title V, Section 527, no Federal funds shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

p. Salary and Bonus Limitations
Pursuant to P.L. 116-260, Division H, Title I, Section 105, recipients and subrecipients shall not use funds to pay the salary and bonuses of an individual, either as direct costs or as indirect costs, at a rate in excess of Executive Level II. The Executive Level II salary may change yearly and is located on the OPM.gov website ( http://www.opm.gov/policy-
data-oversight/pay-leave/salaries-wages/2020/executive-senior-level). The salary and bonus limitation does not apply to contractors (vendors) providing goods and services as defined in 2 CFR 200.331 Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including ETA programs. See TEGL 5-06 for further clarification, available at http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2262.

15. Public Policy
a. Architectural Barriers
The Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq., as amended, the Federal Property Management Regulations (see 41 CFR 102-76), and the Uniform Federal Accessibility Standards issued by the U.S. General Services Administation (GSA) (see 36 CFR 1191, Appendixes C and D) set forth requirements to make facilities accessible to, and usable by, the physically handicapped and include minimum design standards. All new facilities designed or constructed with grant support must comply with these requirements.
269
30 b. Drug-Free Workplace
The Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR 182 require that all award recepients receiving grants from any Federal agency maintain a drug-free workplace. The award recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment.

c. Executive Orders

12928: Pursuant to Executive Order (EO) 12928, the grant award recipient is strongly encouraged to provide subcontracting/subgranting opportunities to Historically Black Colleges and Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities; and to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals.

13043: Pursuant to EO 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the grant award recipients are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

13166: As clarified by EO 13166, Improving Access to Services for Persons with Limited English Proficiency, dated August 11, 2000, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to programs in accordance with DOL’s Policy Guidance on the Prohibition of National Origin Discrimination as it Affects Persons with Limited English Proficiency [05/29/2003] Volume 68, Number 103, pages 32289-32305. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. The grant award recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding your LEP obligations, go to http://www.lep.gov
.

13513: Pursuant to EO 13513, Federal Leadership On Reducing Text Messaging While Driving, dated October 1, 2009, the grant award recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving company- owned or -rented vehicles or government-owned vehicles (GOV), or while driving privately-owned vehicles (POV) when on official Government business or when performing any work for or on behalf of the Government. Recipients and subrecipients are also encouraged to conduct initiatives of the type described in section 3(a) of this order.

d. Flood Insurance
The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., provides 270
31 that no Federal financial assistance to acquire, modernize, or construct property may be provided in communities in the United States identified as flood-prone, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within 1 year of the identification. The flood insurance purchase requirement applies to both public and private applicants for the DOL support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA.

e. Hotel-Motel Fire Safety
Pursuant to 15 U.S.C. 2225a, the recipient must ensure that all space for conferences, and, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101-391, as amended). Recipients may search the Hotel-Motel National Master List at https://apps.usfa.fema.gov/hotel/
to see if a property is in compliance, or to find
other information about the Act.

f. Prohibition on Trafficking in Persons

1. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.

I. The grantee as the recipient, the grantee’s employees, subrecipients under this award, and subrecipients' employees may not—
(A). Engage in severe forms of trafficking in persons during the period of time that the grant award is in effect;
(B). Procure a commercial sex act during the period of time that the award is in effect; or
(C). Use forced labor in the performance of the award or subawards under the award.

II. DOL/ETA as the Federal awarding agency may unilaterally terminate this grant award, without penalty, if the grantee or a subrecipient that is a private entity —
(A). Is determined to have violated a prohibition in paragraph a.1 of this award term; or
(B). Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or
ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by our
agency at 2 CFR Part 2998.
b. Provision applicable to a recipient other than a private entity. DOL/ETA as the Federal awarding agency may unilaterally terminate this grant award, without penalty, if a subrecipient that is a private entity—
I. Is determined to have violated an applicable prohibition in paragraph a.1 of this grant award term; or
271
32 II. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this grant award term through conduct that is either— (A). Associated with performance under this award; or
(B). Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 29 CFR Part 98.
c. Provisions applicable to any recipient.

I. The grant award recipient must inform DOL/ETA immediately of any information the grantee receive from any source alleging a violation of a prohibition in paragraph a.1 of this grant award term.

II. DOL/ETA right to terminate unilaterally that is described in paragraph a.2 or b of this section:
(A). Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
(B). Is in addition to all other remedies for noncompliance that are available to DOL/ETA under this grant award.

III. The grant award recipient must include the requirements of paragraph a.1 of this grant award term in any subaward the grantee make to a private entity.
d. Definitions. For purposes of this award term:

I. “Employee” means either:
(A). An individual employed by the grant award recipient or a subrecipient who is engaged in the performance of the project or program under this award; or
(B). Another person engaged in the performance of the project or program under this grant award and not compensated by the grantee including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements.

II. “Forced labor” means labor obtained by any of the following methods:
the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

III. “Private entity”:
(A). Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.
(B). Includes:
i. A nonprofit organization, including any nonprofit
institution of higher education, hospital, or tribal
272

COMPREHENSIVE AND ACCESSIBLE REEMPLOYMENT THROUGH

EQUITABLE EMPLOYMENT RECOVERY (CAREER)

NATIONAL DISLOCATED WORKER GRANT

SPECIAL CONDITIONS OF AWARD

Grant Number: DW-36843-21-60-A-6
Recipient: Richmond Workforce Development Board
Project Title: CAREER (Comprehensive and Accessible Reemployment through Equitable Employment Recovery)
______________________________________________________________________________ The application to request National Dislocated Worker Grant (DWG) received on July 17, 2021, is conditionally approved for $893,164. As a condition of this grant award, you must address the issues identified in this document by submitting a subsequent modification request via email to your assigned Federal Project Operator (FPO) within 30 business days of the receipt of this grant award package. The modification request must incorporate all information requested below and receive FPO concurrence that all conditions have been resolved. Questions pertaining to the submission of the modification responding to these Conditions of Award must be directed to your FPO as soon as possible. Contact information for your assigned FPO in the Federal Award Terms (p 5).

Please note that a submittal of revised documents does not in and of itself constitute approval by the Employment and Training Administration (ETA), and final approval must be given by the Grant Officer. Once approved, the revised documents will comprise the official modification to this grant agreement and the special conditions of award will be resolved.

In addition to the conditions listed below, you must work closely with your assigned FPO to ensure compliance with award terms and the applicable Training and Employment Guidance Letters (TEGLs), providing documentation as requested to ensure participant eligibility requirements, project activities, and administrative cost limitations are met, and to assure supportive services are consistent with WIOA

CONDITIONS OF AWARD
1) Revise the SF-424 to:
a. Reflect the approved period of performance.
b. Include the Authorized Representative’s handwritten signature.

2) Revise the Budget Narrative to:
273
2 a. Provide a breakdown of all component costs related to each line item on the SF- 424A. The breakouts provided for each line item cost must mathematically add up to equal the total dollar amount indicated on the corresponding SF-424A line item.
b. Provide an explanation of these costs per the General Instructions for the Budget Narrative. The description should at a minimum address the information requested in the General Instructions and clearly align with the project narrative.

274
33 organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
ii. A for-profit organization.

IV. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the mean ings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

g. Veterans’ Priority Provisions
The Jobs for Veterans Act (Public Law 107-288) requires grant award recipients to provide priority service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the DOL. The regulations implementing this priority of service can be found at 20 CFR Part 1010. In circumstances where a grant award recipient must choose between two qualified candidates for a service, one of whom is a veteran or eligible spouse, the veterans priority of service provisions require that the grant award recipient give the veteran or eligible spouse priority of service by first providing him or her that service. To obtain priority of service, a veteran or spouse must meet the program’s eligibility requirements. Recipients must comply with the DOL guidance on veterans’ priority. ETA’s TEGL No. 10-09 (issued November 10, 2009) provides guidance on implementing priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL. TEGL No. 10-09 is available at http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2816 .

h. Promoting Equitable Delivery of Government Benefits and Equal Opportunity The Department of Labor (Labor) seeks to affirmatively advance equity, civil rights and equal opportunity in the policies, programs and services it provides. Therefore, consistent with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, grant recipients must execute the terms and conditions of their grant in a manner that advances equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. This extends to all grant activities including, but not limited to, service delivery, selection of subrecipients and contractors, and procurement of goods and services. Government programs are designed to serve all eligible individuals, and Labor’s grantees should make services the goods and services they provide pursuant to their grants widely available with the goals of effectively serving a diverse population of eligible individuals; fairly, justly, and impartially administering the grant evaluation and award processes. Grantees are encouraged to engage in contracting and subcontracting for goods and services related to performing the terms and conditions of their grants in such a way to achieve equity.

The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; 275
34 members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.

The term “underserved communities” refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of “equity.” i. Harassment Prohibited
The grant recipient and any subrecipients are prohibited from engaging in harassment of an individual based on race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, based on citizenship status or participation in any WIOA Title I-financially assisted program or activity. Harassing conduct of this type is a violation of the nondiscrimination provisions of WIOA and of 29 CFR Part 38.
a) Unwelcome sexual advances, requests for sexual favors, or offensive remarks about a person's race, color, religion, sex, national origin, age, disability, political affiliation or belief, or citizenship or participation, and other unwelcome verbal or physical conduct based on one or more of these protected categories constitutes unlawful harassment on that basi(e)s when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of accessing the aid, benefit, service, or training of, or employment in the administration of or in connection with, any WIOA Title I-financially assisted program or activity;
(2) Submission to, or rejection of, such conduct by an individual is used as the basis for limiting that individual's access to any aid, benefit, service, training, or employment from, or employment in the administration of or in connection with, any WIOA Title I-financially assisted program or activity; or (3) Such conduct has the purpose or effect of unreasonably interfering with an individual's participation in a WIOA Title I-financially assisted program or activity creating an intimidating, hostile or offensive program environment. b) Harassment because of sex includes harassment based on gender identity or sexual orientation; harassment based on failure to comport with sex stereotypes; and harassment based on pregnancy, childbirth, and related medical conditions. Sex-based harassment may include harassment that is not sexual in nature but that is because of sex or where one sex is targeted for the harassment.

276
35 16. Technical Assistance, Resources, and Information Additional resources, training, and information to assist the grant award recipient are located on the ETA website at https://www.dol.gov/agencies/eta/grants/resources and on the Grants Application and Management collection page on WorkforceGPS.org at https://grantsapplicationandmanagement.workforcegps.org/. SMART training is a technical assistance initiative sponsored by DOL-ETA to assist its grant recipients and subrecipients in improving its program/project operations through effective grants management. Please take some time to review the training modules which are focused on:

Strategies for sound grant management that include:

Monitoring,
Accountability,
Risk mitigation and
Transparency.

These four themes are woven throughout the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, also known as the Uniform Guidance (2 CFR Part 200 and 2 CFR Part 2900). The 508-compliant PowerPoints of the modules may be found on WorkforceGPS.org at the Resource page.

17. Attachments
Attachment A: SF-424
Attachment B: SF-424A
Attachment C: Budget Narrative
Attachment D: Statement of Work
Attachment E: Negotiated Indirect Cost Rate Agreement

277

Attachment A: SF-424

278
OMB Number: 4040-0004
Expiration Date: 12/31/2022
* 1. Type of Submission: * 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:

6. Date Received by State: 7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS:
* Street1:

Street2:
* City:

County/Parish:
* State:

Province:
* Country:
* Zip / Postal Code:

Department Name: Division Name:

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:

Title:

Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):

State Use Only:

8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:

Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
07/17/2021
Richmond Workforce Development Board
94-6000403 0887707060000
330 25th Street
Richmond
CA: California
USA: UNITED STATES
94804-1727
Charita
Patterson
510-307-8018
[email protected]
Funding Opportunity Number:ETA-TEGL-25-20 Received Date:Jul 17, 2021 10:39:36 AM EDT Tracking Number:GRANT13427112
279
* 9. Type of Applicant 1: Select Applicant Type:

Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:

11. Catalog of Federal Domestic Assistance Number:

CFDA Title:
* 12. Funding Opportunity Number:
* Title:

13. Competition Identification Number:

Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:

Attach supporting documents as specified in agency instructions.

Application for Federal Assistance SF-424
C: City or Township Government
Employment and Training Administration

17.277
WIOA National Dislocated Worker Grants / WIA National Emergency Grants ETA-TEGL-25-20
CAREER (Comprehensive and Accessible Reemployment through Equitable Employment Recovery) National Dislocated Worker Grants
ETA-TEGL-25-20
CAREER (Comprehensive and Accessible Reemployment through Equitable Employment Recovery) National Dislocated Worker Grants
RWDB CAREER DWG Project
View AttachmentsDelete AttachmentsAdd Attachments
View AttachmentDelete AttachmentAdd Attachment
Funding Opportunity Number:ETA-TEGL-25-20 Received Date:Jul 17, 2021 10:39:36 AM EDT Tracking Number:GRANT13427112
280
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:
* Title:
* Telephone Number:
* Email:

Fax Number:
* Signature of Authorized Representative: * Date Signed:

18. Estimated Funding ($):

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.

Authorized Representative:

Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project
* a. Start Date: * b. End Date:

16. Congressional Districts Of:

17. Proposed Project:

CA-011 CA-011
Add Attachment Delete Attachment View Attachment
09/01/2021 08/31/2023
893,164.00

0.00 0.00

0.00 0.00

0.00 893,164.00
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.
07/16/2021
Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
Ms. Bouahkay
Phongboupha
Program Manager
510-307-8050
[email protected]
Bouakhay Phongboupha
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 07/17/2021
If "Yes", provide explanation and attach
Funding Opportunity Number:ETA-TEGL-25-20 Received Date:Jul 17, 2021 10:39:36 AM EDT Tracking Number:GRANT13427112
281

Attachment B: SF-424A

282

SECTION A - BUDGET SUMMARY
$
BUDGET INFORMATION - Non-Construction Programs OMB Number: 4040-0006 Expiration Date: 02/28/2022
Grant Program
Function or
Activity
(a)
Catalog of Federal
Domestic Assistance
Number
(b)
Estimated Unobligated Funds New or Revised Budget
Federal
(c)
Non-Federal
(d)
Federal
(e)
Non-Federal
(f)
Total
(g)

5. Totals

4. 3.

2. 1. $ $ $ $
$$$$
CAREER Dislocated
Worker Grant

17.277 893,164.00 893,164.00
893,164.00 893,164.00$
Standard Form 424A (Rev. 7- 97)
Prescribed by OMB (Circular A -102) Page 1
Funding Opportunity Number:ETA-TEGL-25-20 Received Date:Jul 17, 2021 10:39:36 AM EDT Tracking Number:GRANT13427112
283

SECTION B - BUDGET CATEGORIES

7. Program Income
d. Equipment
e. Supplies
f. Contractual
g. Construction
h. Other
j. Indirect Charges
k. TOTALS (sum of 6i and 6j)
i. Total Direct Charges (sum of 6a-6h)
(1)
Authorized for Local Reproduction
Prescribed by OMB (Circular A -102) Page 1A
Standard Form 424A (Rev. 7- 97)

GRANT PROGRAM, FUNCTION OR ACTIVITY
(2) (3) (4) (5)
Total6. Object Class Categories
a. Personnel
b. Fringe Benefits
c. Travel
CAREER Dislocated
Worker Grant
241,994.00
110,720.00
3,000.00

0.00 3,000.00
445,450.00

0.00 89,000.00
893,164.00
893,164.00
241,994.00
110,720.00
3,000.00

0.00 3,000.00
445,450.00

0.00 89,000.00
893,164.00
893,164.00
$$$$$
$$$$$
$$$$$
$
$
Funding Opportunity Number:ETA-TEGL-25-20 Received Date:Jul 17, 2021 10:39:36 AM EDT Tracking Number:GRANT13427112
284

SECTION D - FORECASTED CASH NEEDS

14. Non-Federal

SECTION C - NON-FEDERAL RESOURCES
(a) Grant Program (b) Applicant (d) Other Sources(c) State (e)TOTALS $
$
$ $ $
$
$
$
$
$8.

9. 10.

11. 12. TOTAL (sum of lines 8-11)

15. TOTAL (sum of lines 13 and 14)

13. Federal
Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter CAREER Dislocated Worker Grant 0.00 0.00 0.00 0.00

0.00 0.00 0.00 0.00
446,582.00
446,582.00
111,646.00
111,646.00
111,646.00
111,646.00
111,645.00
111,645.00
111,645.00
111,645.00
$ $
$ $ $
$ $ $ $

FUTURE FUNDING PERIODS (YEARS)

SECTION F - OTHER BUDGET INFORMATION

SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT Authorized for Local Reproduction
$
$
$ $
$
$16.

17. 18.

19. 20. TOTAL (sum of lines 16 - 19)

21. Direct Charges: 22. Indirect Charges:

23. Remarks:
(a) Grant Program
(b)First (c) Second (d) Third (e) Fourth
CAREER Dislocated Worker Grant 446,582.00
446,582.00 $ $
Standard Form 424A (Rev. 7- 97)
Prescribed by OMB (Circular A -102) Page 2
Funding Opportunity Number:ETA-TEGL-25-20 Received Date:Jul 17, 2021 10:39:36 AM EDT Tracking Number:GRANT13427112
285

Attachment C: Budget Narrative

286
CAREER DWG Grants 2021 Richmond Workforce Development Board: Budget Narrative