Agenda — Richmond City Council, April 18, 2023 (part 7 of 9)

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April 18, 2023

Economic Development

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

Shasa Curl, City Manager
Nannette Beacham, Director of Economic Development
Lizeht Zepeda, Senior Business Assistance Officer
Lilia Corral, Management Analyst

Subject:

Authorization to Apply for Maritime Administration Grants FINANCIAL IMPACT: There is no fiscal impact related to the adoption of this Resolution; however, if grant funds are awarded, it would positively affect the General Fund.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff members are seeking City Council authorization to submit grant applications to the California Department of Transportation (DOT) – Maritime Administration
(MARAD) for any and all grants for which the City of
Richmond is eligible, and if any grants are awarded to
accept and appropriate into the budget.

RECOMMENDED ACTION:

ADOPT a resolution authorizing the city manager or their designee to submit grant applications for any and all
Maritime Administration grants for which the City of
Richmond is eligible, to execute all necessary and related agreements; and to ACCEPT and APPROPRIATE grant
awards into the General Fund – Economic Development
Department (Nannette Beacham/Lizeht Zepeda/Lilia
Corral 510-620-6512).

AGENDA
REPORT
794

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April 18, 2023
DISCUSSION:

The of the Department of Transportation (DOT) Maritime Administration (MARAD) offers several funding opportunities to: advance ship construction, repair, and training opportunities at shipyards across the United States; develop and expand port infrastructure and waterways; and promote the growth and modernization of the maritime industry.

The DOT and MARAD require City Council authorization for each grant submittal, or a general resolution authorizing City staff to submit applications to the State of California.

City staff members are seeking City Council authorization for the next five (5) years to submit grant applications for any and all grants offered by MARAD for which the City is eligible, to execute all necessary and related agreements, and to accept and appropriate grant awards into the General Fund.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

795

1 H.R.3684 - 117th Congress (2021-2022): Infrastructure Investment and Jobs Act | Congress.gov | Library of Congress
2 Bipartisan Infrastructure Law: Maritime Administration | MARAD (dot.gov)

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL DEPARTMENT OF TRANSPORTATION (DOT) – MARITIME ADMINISTRATION (MARAD) GRANTS FOR WHICH THE CITY OF RICHMOND IS ELIGIBLE AND

AUTHORIZING THE EXECUTION OF ALL NECESSARY AGREEMENTS
___________________________________________________________________________

WHEREAS, the Department of Transportation (DOT) established the Maritime Administration (MARAD) in 1950 to foster, promote, and develop the maritime industry; and

WHEREAS, on October 25, 2016, the Port of Richmond Clean Air Action Plan was adopted to develop and recommend feasible, cost-effective emissions reduction strategies while allowing port development to continue; and

WHEREAS, on November 15, 2021, the Infrastructure Investment and Jobs Act1 (“Bipartisan Infrastructure Law” or “BIL”) was signed into law by President Joe Biden; and

WHEREAS, the Bipartisan Infrastructure Law invests a once-in-a-generation $1.2 trillion investment in infrastructure and competitiveness2 with $17 billion allocated to port infrastructure and waterways; and

WHEREAS, the City of Richmond (“City”) has a Grant Management Policy for Fiscal Year 2022-2023 established by the Finance Department (the “Policy”); and

WHEREAS, pursuant to Section 4(c) of the Policy, some grants may require City Council approval before the grant application is submitted; and

WHEREAS, City staff is in the process of consideration of, and preparation for, a grant application(s) to the DOT-MARAD for the purpose of improving safety, efficiency, or reliability of the movement of goods through ports and intermodal connections to ports.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond authorizes the submittal of application(s) to MARAD for all grants for which the City is eligible; and

BE IT FURTHER RESOLVED that the City Manager, or their designee is hereby authorized as Signature Authority and empowered to execute on behalf of the City of Richmond all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds, implement the approved grant project and close-out the grant(s); and

796

1 H.R.3684 - 117th Congress (2021-2022): Infrastructure Investment and Jobs Act | Congress.gov | Library of Congress
2 Bipartisan Infrastructure Law: Maritime Administration | MARAD (dot.gov)

BE IT FURTHER RESOLVED if awarded the grant it can be accepted and appropriated accordingly into the City’s general fund; and

BE IT FURTHER RESOLVED that these authorizations are effective for City of Richmond Fiscal Years’ 2022-2023 through 2027-2028.

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

797

1 H.R.3684 - 117th Congress (2021-2022): Infrastructure Investment and Jobs Act | Congress.gov | Library of Congress
2 Bipartisan Infrastructure Law: Maritime Administration | MARAD (dot.gov)

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held April 18, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney

798

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April 18, 2023

Finance Department

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

Nicky Mastay, Deputy City Manager, Internal Services
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager

Subject:

Resolution Changing the Due Date of Business Tax for
Rental Properties from March 1, 2023 to July 1, 2023
FINANCIAL IMPACT: There is no financial impact with changing the due date from March 1, 2023 to July 1, 2023.

PREVIOUS COUNCIL
ACTION:

December 21, 2021
July 19, 2022

STATEMENT OF THE
ISSUE:

The proposed Resolution will change the due date for the business tax from rental properties from March 1, 2023 to July 1, 2023.

RECOMMENDED ACTION:

ADOPT a resolution temporarily changing the due date
for business tax payments from rental businesses from
March 1 to July 1 for calendar year 2023 – Finance
Department (Nickie Mastay/Mubeen Qader/Antonio
Banuelos 510-620-6741).

DISCUSSION:

City Council placed a measure on the November 3, 2020, ballot that was approved by the voters and changed the Business Tax calculation methodology to be based on gross receipts instead of the prior method based upon the number of employees employed by a business.

AGENDA
REPORT
799

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April 18, 2023
On November 23, 2021, City Council directed City staff to prepare Measure U regulations to allow landlords of four or less residential units to credit their paid Rent Board fees against their gross receipts tax obligation for the same period.

On December 21, 2021, City Council approved a resolution allowing landlords with four or less residential units to credit their paid Rent Board fees against their gross receipts business tax obligation for one year.

On July 19, 2022, City Council approved an ordinance allowing landlords with four or less residential units to credit their paid Rent Board fees against their gross receipts business tax obligation. The approved ordinance codified City Council direction allowing for such Rent Board credit.

Also, on July 19, 2022, City Council adopted a resolution for the Business Tax Amnesty Program that gave residential rental property businesses that had failed to pay their Business Tax by June 30, 2022, additional time to bring their accounts current, and provided businesses that had never registered with the City the opportunity to comply with the Richmond Municipal Code (RMC), Section VII, Chapters 7.04 and 7.88 without the assessment of late fees and penalties.

The processing of business tax renewal notices and payments for rental properties has been very labor-intensive. The Measure U Ordinance has many interrelated sections for residential rentals with many exemptions and credits. The majority of the payments received this year for this classification, where the business owner calculated their own taxes directly without speaking with City staff, have been incorrect. In most cases, the payment received exceeded the actual amount due. Finance staff have been analyzing all payments received and returning overpayments with a revised invoice that shows the correct amount due. The online portal does not work as efficiently as anticipated and requires manual updates from staff to complete the payment process.

Given these issues, City staff is recommending City Council adopt the proposed resolution that will temporarily change the due date from March 1 to July 1 for the business tax due from income generated from rental properties. This updated due date will align with the due date for non-rental businesses.

Next Steps

Finance staff recently began mailing out the 2023 renewal notices for non-rental businesses. During the next few weeks, Finance staff will start mailing out the 2023 rental renewal notices. The Finance Department is providing augmented business tax services to the Richmond business community in person, via phone calls, through our online payment portal, and through virtual online appointments.

Efforts to find replacement software have begun with the Request for Proposals (RFP) released on March 17, 2023. The replacement software will allow for a more efficient online renewal process. In addition, the issue of due dates will be revisited at the time of 800

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April 18, 2023
replacement. The target software selection date is April/May 2023 with implementation commencing thereafter.

The community can leave questions for staff on the business tax hotline at 510-620- 5555 or email to [email protected].

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

801

RESOLUTION NO. __

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

TEMPORARILY CHANGING THE DUE DATE FOR BUSINESS TAX PAYMENTS FROM RENTAL BUSINESSES FROM MARCH 1 TO JULY 1 FOR CALENDAR YEAR 2023.

WHEREAS, Richmond voters passed Measure U implementing a Gros s Receipts tiered tax structure (Business Tax) on November 3, 2020; and
WHEREAS, City Council on April 27, 2021, approved a change to the Measure U implementation date from July 1, 2021, to January 1, 2022; and WHEREAS, Section 7.04.675, of the Richmond Municipal Code allows City Council to amend terms of Chapter 7.04 , including 7.04.300 (c) Due Date - Rental Businesses, which states that with respect to any person s engaging in residential and non - residential rental businesses activities, annual declarations and business tax payments shall be due by or before March 1 of each calendar year for which a person is issued a business tax certificate, unless the city coun cil, in its discretion, declares a different due date., declaring a different due date; and WHEREAS, the Council desires to change the due date for business taxes owed from March 1, 2023 to July 1, 2023; and
WHEREAS, the ad justment of the due date will provide rental property owners additional time to pay their business tax without penalties.

NOW, THEREFORE, BE IT RESOLVED , by the Council of the City of Richmond that the Business Tax Due Date – Rental Businesses is temporarily change d from March 1 to July 1 for calendar year 2023.
-------------------------
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California at a regular meeting thereof held April March 218, 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

802
Clerk of the City of Richmond

(SEAL)

Approved:

Mayor

Approved as to form:

City Attorney

803

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April 18, 2023

Community Development
& Community Services

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

Lina Velasco, Director of Community Development
LaShonda White, Deputy City Manager – Community
Services

Subject:

Richmond Rapid Response Fund (R3F) Update

FINANCIAL IMPACT: There is no financial impact to receiving this report. On June 21, 2021, City Council approved a $1 million
allocation from the City’s American Rescue Plan Act fund to support this work (13631063-400201-AR238).

PREVIOUS COUNCIL
ACTION:

February 15, 2022, August 1, 2022 , and November 22,
2022

STATEMENT OF THE
ISSUE:

The Richmond Rapid Response Fund (R3F) is providing
an update on their rent assistance and direct
disbursement assistance work, including the number of
residents assisted and funds disbursed through the
program. City staff will also provide an update on the
status of the strategic planning process and their work related to the development of a pilot Guaranteed Income Program.

RECOMMENDED ACTION:

RECEIVE a written report from the Richmond Rapid
Response Fund Program (R3F) including updates on
funds disbursed, residents served, and strategic plan and guaranteed income program development - Community
Development/Community Services (Lina Velasco 510-
620-6841/LaShonda White 510-620-6828). This item
was continued from the April 4, 2023, meeting.

AGENDA
REPORT
804

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April 18, 2023
DISCUSSION:

Background
On June 21, 2021, City Council allocated $1 million in the City’s American Rescue Plan Act (ARPA) funds to the Richmond Rapid Response Fund (R3F) to support Richmond residents negatively impacted by the COVID-19 pandemic through direct financial disbursements, rent assistance, and the research and development of a guaranteed income program. On February 15, 2022, City Council approved an initial $600,000 contract with West Contra Costa Education Fund West(Ed Fund), fiscal sponsor for R3F, to support direct disbursements and rent relief. In addition, on August 1, 2022, the City Council approved a $125,000 contract with Dalberg Consulting Firm (Dalberg) to support a strategic planning effort for R3F and to support the development of the guaranteed income program (EdFund/R3F contributed $25,000 towards the total cost of the contract). City staff plans to amend the EdFund/R3F contract at the end of Fiscal Year (FY) 2022-23 to add the remaining $300,000 in ARPA funds allocated by City Council that are anticipated to be used in support of a guaranteed income pilot program.

Table 1: City Council ARPA Allocation for R3F
Allocation Spent or
Encumbered
Remaining

Support to Families $600,000 $325,000 $275,000
Direct Disbursements $25,000
Rent/Mortgage Relief $300,000

Guaranteed Income Program $400,000 $100,000 $300,000
Contract with Dalberg $100,000 0
Guaranteed Income Pilot $300,000

Total ARPA Allocation $1,000,000 $425,000 $575,000
EdFund/R3F and City staff provided an update to City Council on November 22, 2022, and per City Council direction, are returning to provide further updates. This report and the presentation will provide an update on R3F’s success in assisting Richmond residents, negatively impacted by the COVID-19 pandemic, and the status of R3F’s current and future programs including the initial work regarding guaranteed income.

Impact of Richmond Rapid Response Fund (R3F)
The Richmond Rapid Response Fund (R3F) is a community-led asset serving Richmond residents most vulnerable to systematic harm by mobilizing resources to individuals and families to meet their basic needs. R3F is a wrap-around initiative that was developed to meet the immediate and ongoing needs of the community during the 805

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April 18, 2023
COVID-19 pandemic and beyond (www.richmondresponsefund.org). R3F’s key priority areas include food and essential supplies, economic recovery and security, housing and homelessness, health and healing, and education and learning. Shortly after March 2020, R3F was created to support Richmond residents experiencing financial hardship due to the COVID-19 pandemic, connecting residents to resources through R3F’s network of community-based organizations via the West Contra Costa Cares Coalition.

To-date, R3F has provided $1,027,000 in support to 1,177 Richmond residents impacted by COVID. The information below represents all revenue sources including funds from the City of Richmond’s current ARPA allocation:
 Direct Financial Disbursements:
o 1,100 families have been served totaling $550,000, of which 50 families were supported using ARPA funds ($25,000)
 Rent Assistance:
o 77 families were assisted totaling approximately $477,000, of which 59 families were served with ARPA funds ($300,000)

Table 2: ARPA vs Non-ARPA Support

ARPA NON-ARPA TOTAL
#
Supported
Amount #
Supported
Amount #
Supported
Amount
Direct
Disbursements
50 $25,000 1,050 $525,000 1,100 $550,000
Rent Assistance 59 $300,000 18 $177,000 77 $477,000

Totals 109 $325,000 1,068 $702,000 1,177 $1,027,000
For the rapid response cash assistance, R3F coordinated with partners from the West Contra Costa Cares Coalition to further connect families with a resource and referral network for ongoing needs and support. Through data provided by direct recipient reports and partner financial data collection, R3F observed that residents overwhelmingly spent funds on food, utilities, rent, transportation, and school and household supplies. R3F found that investments went most often into two of the lowest income zip codes in Richmond (94801 and 94804).

R3F Strategic Planning Process
The City of Richmond partnered with R3F staff to prepare a request for proposals (RFP) seeking a consultant to support R3F in strategic planning, future program development (primarily focused on a guaranteed income pilot program), and a governance structure.

After a competitive bidding process, the Richmond City Council approved a $125,000 contract with Dalberg and Empathy in Action on August 1, 2022. The strategic planning effort, which was funded jointly by the City ($100,000) and R3F ($25,000), began in September 2022. Dalberg has expertise in cross-sector collaboration locally, nationally, 806

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April 18, 2023
and internationally. Empathy In Action is a Richmond-based non-profit that collaborates with other Richmond-based organizations supporting outreach and engagement.

In late 2022, the consultants facilitated research on proposed governance and sustainability models, yielding preliminary discussion and draft strategies on a governance structure. Currently, the consultants are working to refine the strategy with the R3F core team and the West Contra Costa Cares Coalition. Over the next several weeks, R3F and the consultants will finalize the draft strategy for submission to City staff and members of the core team to develop, implement, and transition the new governance structure and associated bylaws. Additionally, efforts to invite community stakeholders to participate and provide feedback on the process has commenced.

The consultants have conducted over 25 interviews with key stakeholders to inform the strategic plan. In addition, Empathy In Action has engaged 280 predominantly low- income residents of Richmond representing a demographic and socioeconomic cross- section to assess the needs and aspirations of the community. The key findings were that economic security was the greatest need and desire of participants followed closely by housing. Non-English-speaking residents were more likely to feel that their needs were not addressed and based on resident feedback cash disbursements would allow varying needs to be met. Moving forward, R3F may focus more on guaranteed income (GI) instead of direct rent relief.

Targeted/Guaranteed Income Pilot Program
Dalberg also supported R3F in evaluating the creation of a pilot GI program (also referred to as a targeted income program). Per the City’s contract, funding for a GI program pilot would come from allocated ARPA funds. R3F has experience setting up mechanisms for financial disbursement and enhancing wrap-around service collaboration for recipients.

The GI work also aligns with former Councilmember Demnlus Johnson III’s recommendation to look for GI models for the City of Richmond as part of the work on Race, Equity, and Inclusion (June 2021). GI has been shown to close financial gaps for both race and gender especially for those who face higher rates of poverty than their white and male peers. R3F worked with graduate students from UC Berkeley’s Goldman School of Public Policy and School of Public Health to administer a feasibility study regarding the populations in Richmond who will receive the greatest impact from a GI program. R3F also connected with regional and statewide communities of practices and interviewed key leaders who have implemented GI pilot programs and other direct cash policies.

More than 100 GI programs are currently active across the country, many of which are utilizing ARPA funds for their pilots. Interest in GI has sparked the development of a Contra Costa Working Group, funded by Y&H Soda Foundation, that is dedicated to curating a blueprint for GI in the county. Local jurisdictions like the County of Santa Clara and the City of Stockton implemented pilot GI programs in their communities. 807

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April 18, 2023
Currently, several West County Cares Coalition partners, who have worked with R3F, are offering support to the Budget Justice Coalition’s County budget proposal, and specifically, the adoption of a GI fund of $3 million for Contra Costa County.

R3F is beginning to engage with leadership in County departments in order to make waivers to protect GI participants from losing their benefits. R3F is also fundraising and working with leaders in the GI space such as the Economic Security Project and Mayors for Guaranteed Income to provide technical assistance to implement the program successfully while building political will and engaging the community.

Next Steps

R3F is bringing on a fellow to further support and continue its work to support Richmond residents negatively impacted by the COVID-19 pandemic and achieve an equitable recovery. R3F will continue to provide regular updates to City staff and City Council on the use and impact of ARPA funds on the Richmond community, as well as the continued research and development of a GI program.

DOCUMENTS ATTACHED:

Attachment 1 – PowerPoint
808
Richmond Rapid Response Fund
Updates and Guaranteed Income
809
ABOUT R3FABOUT R3F
R3F brings investments and amplifies
value of Richmond and its residents.

In response to the historic and ongoing Covid-19 pandemic, the City of Richmond partnered with community organizations to establish a Richmond Rapid Response Fund (R3F) to assist Richmond residents with essential needs related to health, housing, education, economic recovery, healing, and social services. 810
Food andEssentials
EconomicRecoveryand Security
Health andHealing Educationand Learning Housing andHomelessness R3F will advocate for and create
healing-centered, racially just policies,
practices, and investments in these
areas and any others that emerge.

Economic Justice is
foundational to our priorities.
811
CARES Act
$150k allocated by the
City of Richmond
$92,000 on rental assistance for 18 homes
(~$5k each)
$37,100 on direct cash grants to 74
individuals (~$500 each)
The City of Richmond has supported R3F from its
inception by providing access to federal emergency
aid and relief allocations
$20,900 admin and partner disbursement funds
812
$550,000
in 1,100 direct cash
grants
$477,000
in rent relief funds for
77 families
$1,027,000
to support Richmond
residents in need since
2020
Since the onset of COVID 19 pandemic, R3F has
disbursed almost $1.2 milllion to directly support
Richmond residents most in need.

Since inception, R3F has focused on disbursing resources into the hands of community members in need...

R3F has leveraged these local dollars to bring in
philanthropic funding, raising ~$2 Million since
inception.
813
The City of Richmond has supported R3F from its inception by providing access to federal emergency aid and relief
allocations
ARPA
$600k allocated
by the City of
Richmond
$70,000 allocated to administration
$230,000 as cash for disbursements
$300,000 rent and mortgage relief
$100,000 GI Program Development
814

RENT RELIEF
Through partnerships with RNHS, CDHC, Sparkpoint CC, RCF CONNECTS, and Rentboard, R3F was able to backbone the development of the first rent assistance program dedicated solely to Richmond landlords and tenants.

Renters received financial counseling and information about their rights Renters who complete additional financial literacy classes were eligible for additional supports
Assisted landlords and
tenants facing financial
hardship due to the
COVID-19 Pandemic
Spearheaded the development
of the first rent assistance
program dedicated solely to
Richmond landlords and
tenants
815
March 2020
R3F was established to
support Richmond
residents experiencing
financial hardship due to
the COVID-19 pandemic

2021
R3F received $150,000 in CARES Act funds from
the City of Richmond and were successful in
quickly disbursing funds to support 74 residents
with direct disbursements and 18 households via
rental assistance

June 2021
Richmond City Council unanimously approved
Councilmember Demnlus Johnson III’s
recommendation to look for GI models for the
City of Richmond as a part of Councilman's
Race, Equity and Inclusion packet.

R3F has evaluated the creation
of a pilot guaranteed income
(GI) program. R3F’s desire to
implement a GI program was
informed by a community
assessment process focused
on economic recovery and
security.

R3F /City of
Richmond
History
816

Former Councilmember Demnlus Johnson III
The recommendation to look for GI
models is an extension of the City of
Richmond’s Government Alliance on
Race and Equity GARE work dating back
to 2016. Former Council Member
Johnson, sought to adopt action items
and develop policies that will eliminate
disproportionalities for Richmond's
Black, Indigenous, People of Color.

Lina Velasco

LaShonda White

R3F has been in close partnership with Lina Velasco and LaShonda White as they prospect funders. Many funders
vision a model that centers efforts on narrative change and community governance to inform policy shifts and
sustainability levers forged in a joint effort between the City and R3F.

Director of Community
Development
Deputy City Manager of
Community Services

Mayor Eduardo Martinez

Shasa Curl
City Manager
817
Mountain View, CA
$1,000,000 ARPA Funds
Cities that directly
invested in GI funding
South San Francisco, CA
$800,000 ARPA Funds
St. Paul, MN
$120,000 CARES ACT
Richmond, VA
$120,000 CARES ACT
Yolo County, CA
$75,000 State's Office ofChild
Abuse Prevention
$100,000 Cannabis Tax
Los Angeles, CA
$6,000,000 General Fund
Chicago, IL
$30,000,000 ARPA Funds
Richmond, CA
$300,000 ARPA ACT
818
All individuals are
eligible
Raise economic floor
Unconditional
Cash payment
Reoccurring/Periodic
Basic Income Targeted/Guaranteed Interactive
Targeted on
geography and
demography
Raise economic floor
All individuals are
eligible
Unconditional
Cash payment
Reoccurring/Periodic
Set an economic floor
Meet floor through
combination of wages, tax
credits, employer
compensation
Remodel to changing
individual situation
Unconditional
Cash Payment
Periodically evaluated
Types of Basic Income
819
what is GUARANTEED INCOME?
Guaranteed income is a type of cash transfer program that provides continuous unconditional cash transfers to individuals or households. This differs from typical social safety net programming/subsidies by providing a steady, predictable stream of cash to recipients to spend however they see fit without limitations.

Direct cash payments are seen as
an anti-poverty tool that provides
recipients the flexibility to prioritize
their needs and spend the money
where they need it most.

Cash payments are
given with no strings
attached

Unlike Universal Basic Income,
Guaranteed Income is paid out to
a targeted group of people
820
Richmond's Need of Guaranteed Income

Inform local policy and budget
decision-making
Contribute to growing body of work
Increase collaboration across sectors
to meet the needs of residents
Elevate City of Richmond and
philanthropic support to city
Richmond Residents:

For R3F, City of Richmond,
Community Partners & Community
At Large
Secure Richmond families
Support recovery
Ground truth resident needs and experiences
Provide meaningful leadership opportunities to
community experts who can contribute to
systems transformation
Increase impact of cash support by amplifying
voices of residents and educating & engaging
community
821
"Thank you for considering me and trying to take care of the folks of Richmond. Being laid off for the summer due to COVID and finding out I am going to get rehired in the Fall but my hours are cut due to funding.

This would help out so much!"
"I lost my daughter October 31st and my little cousin 2weeks later due to gun violence, I have been depressed and in a lot of pain and have not been able to work and also due to the pandemic." "The grant would really be helpful to me during COVID-19 to have access to my insulin which is so expensive, sometimes I cannot afford it when I have to choose between groceries and bills."
822
""If this is all I have to do to show support for this amazing work, I feel it is not enough!
When I reached out to SparkPoint, I was packing my 1bed room apartment up and on the verge of being evicted with my 9 year old son.

The pandemic hit me hard, and I was so overwhelmed with lack of funds that I was in a very dark place mentally and financially.

I received the funds from SparkPoint and it was exactly what I needed to get my head above water. I am tremendously appreciative and thankful for this program, the city of Richmond and everyone that was a part of supporting me and my son keep our housing. Please continue to support the community in this way. God Bless you All!!! 823
Pilot Data
and Trends
Most money was spent on necessities:
food & utilities
Participants were more likely to find
employment
Helped people reach a place of financial
stability
Participants reported better mental health
and lower rates of hunger
824
A guaranteed income program focused on economic security could help level the playing field for some families and communities.
825
R3F's Guaranteed Income Vision
Implement a program in order to
stabilize families, improve standard
of living and provide cash flow
Supplement restricted/paternal
programming
Build the field/Change the
Narrative/Support the Movement
Build relationship with the most
impacted and leverage community
expertise for people centered
programming
Objectives:

Focus on highlighting dignity
rather than the disparities of
Richmond Residents
Learning more about how cash
flow can improve the well-being
of Richmond families
Bring ease to Richmond families
in need of support
Collaborate for deeper impact
Goals:
826
Narrative
Change in
Richmond
Narrative change work is so important for a
community like Richmond. The stories told and
the reputation we have is not always one that is
told in our favor, we want everyday people living
here to be able to share their true authentic
stories in order to change the systems that
seem to withhold them from opportunities,
demean our folks and justify disinvestment.
827
Community Dreams
Assessement
Reflections
828
‹#›
The community is interested in cash
disbursement over policy work.

Of those who noted that R3F should focus on
guaranteed income / direct cash disbursements,
respondents expressed that they would use
the funds for housing, financial security, food,
rent, and essential supplies
Community members also identified the need for
multiple forms of fund distribution, ranging from
pre-paid debit cards to in person check pick
up.

Key insights:

Respondents preferred that R3F use its resources towards GBI/direct cash disbursements
Fund Utility Net
total
% of total
respondents
(286)
fund to support food/essential supplies 54 18.88%
funds to support financial security 49 17.13%
fund to support housing 41 14.34%
funds for rent 22 7.69%
fund to support transportation 15 5.24%
funds to support physical health 14 4.90%
funds to support mental health 9 3.15%
fund to support education 8 2.80%
fund to support community events 6 2.10%
Fund Distribution Net
total
% of total
respondents
(286)
funds as debit card 27 9.44%
funds as cash 25 8.74%
funds via direct deposit 22 7.69%
funds via check 18 6.29%
funds via app (cash ap, zelle, venmo) 15 5.24%
funds through community leaders 13 4.55%
funds as gift cards, not cash 10 3.50%
funds need to be monitored 9 3.15%
funds as food vouchers 7 2.45%
funds received in-person 4 1.40%
Direct Cash Disbursement or Policy Work?
Net
total
% of total
respondents
(286)
gbi or direct cash disbursement 107 37.41%
policy work 37 12.94%
grant program for non profits 9 3.15%
grant program for businesses 8 2.80%
829
The strongest data point is that residents want a cash disbursement program. The second strongest data point is that residents want this to help with their financial security. They would most likely be used to cover food and essential supplies, as well as critical bills like rent and utilities. Many mentioned a regular monthly stipend would give them the opportunity to get ahead, to begin to thrive instead of survive.

When asked what monthly out-of-pocket amount would be helpful for you and your loved ones, the answers ranged from $250 ; $20,000 ; average range was $500-$2000; $500-$1000 average payment for utilities such as electricity, water, internet.

Best ways to access these funds: variety of ways noted- cash, direct deposit, prepaid gift cards, gift cards to local businesses, checks. Community would like options for fund access.

Residents would like to see the R3F embody community governance by integrating Richmond community members and organizations into the infrastructure of R3F and utilize their perspective to give continuous feedback on how the funds should be used. They want R3F to offer local round tables, presentations and training about this resource and how to access it; these opportunities need to meet the community where they are at (physical location).

Key insights:

Respondents are interested in R3F doing both cash
disbursement program and engaging in policy work
830
Strategic Planning
Reccommendations
831
EdFund West’s support has been helpful, and
the low-cost organizational infrastructure can
support the R3F’s strategy as the program
becomes established.

To enact its core principles and devote resources towards its mission, R3F will remain a sponsored program with EdFund West
R3F will continue as a fiscally sponsored
project of EdFund West while building its
capabilities towards becoming an
independent 501(c)(3).

NEAR-TERM BENEFITS OF FISCAL SPONSORSHIP
Allows R3F to focus on mission and programs,
rather than administration and compliance
Provides low-cost support functions
Offers mentorship and capacity building from a
locally trusted organization
Gives access to established network of donors
and partners
Establishes a strong governance structure for
board of directors
Secures a track record with donors
Applies for grants that require status
Strengthens reporting structures
R3F may seek 501(c)(3) status once it:

TARGETING INDEPENDENT NON-PROFIT STATUS
832
In the upcoming year, R3F will expand its
current governance structure through a
dedicated governing council comprising
two groups
Two smaller governance groups

PROPOSED CHANGE
The separate groups ensure that community experts feel
comfortable providing input in a collaborative, democratic model. However, this does not preclude the possibility of R3F combining the two groups after some time.

Board of
advisors
Community
experts panel
5-10 voting members with ties to Richmond, including:

Designated seat for representative from City of
Richmond
Funders and/or fundraisers
Technical experts (e.g., accountant, lawyer, tech)
Content experts (e.g., researcher, policy expert)
Meet quarterly to provide guidance on strategy &
governance topics
Provide ongoing advocacy support by fundraising for
R3F & elevating its mission in different forums
Must commit to providing time, talent, and/or treasure
Elected by the current Core Team
Serve a 3-year term with possibility of renewal
Composition:

Responsibility:

Legitimacy:
~10 members which are Richmond residents and hold target lived experiences (e.g., low-income, POC, small business owner)
Meet monthly to have specialized, in-depth conversations on R3F’s programming
Chair of the panel would be a Board member & ensure there is constant communication across both groups
Members receive compensation for their time & knowledge Nominated by community members engaged through
community dreams assessment & appointed by Executive
Director
Serve a 3-year term with possibility of renewal
Composition:

Responsibility:

Legitimacy:

Both groups will compose the governing
council with a balance of powers across
these bodies, drawing on Contra Costa’s
Office of Racial Equity and Social Justice
(ORESJ) community-guided model.

R3F
833

HUDSONUP GI PILOT
Hudson, New York

NEWARK MOVEMENT FOR

ECONOMIC EQUITY
Newark, New Jersey

ABUNDANT BIRTH PROJECT
San Francisco, CA
Overview of pilot
Eligibility Criteria
Additional Levers
for Change
Public
Contributions
Philanthropic
Contributions
$$500 monthly for five years to 128
participants
Adult residents of Hudson who earn less
than the median annual income of the
city
Research for policy change
Optional financial coaching and life
skill services
Hudson Mayor’s office supported second
pilot of fifty participants
Initial contributions from Jain Family Institute
and Economic Security Project Planning grant
from Mayors for Guaranteed Income (MGI)
Additional $2.2m in private philanthropic
funds identified as of 2021
$1k to $1.5K monthly to 150 mothers for pregnancy
duration and first two months of baby’s life
Pregnant Black and Pacific Islander people in
first 6 months of pregnancy
SF-resident with annual income <$100k
Research for policy change
SF Dept of Public Health initially provided $200k
City and state funding totaling $6.5m announced
in December 2022 to expand program to new
counties
Initial contributions from Hellman Foundation, Jack
Dorsey, Genentech
Additional funders include California Preterm Birth
Initiative at UCSF, Kellogg Foundation, Economic
Security Project, Walter and Elise Haas, San
Francisco Foundation, and others

STRATEGYFUNDING
Collaborative partnership with local government is an important factor in the success of guaranteed basic income models...

Sources: [1] Newark Movement for Economic Equity & Building Financial Security: Newark’s Roadmap Toward a Guaranteed Income, Conversation with Kevin Callaghan from Newark Movement for EconomicEquity; [2] HudsonUP & Year 2 Report; [3] Expecting Justice: Abundant Birth Project, UCSF California Preterm Birth Initiative, conversation with Zea Malawa & Michaela Taylor from Abundant Birth Project $250 biweekly or $3K twice yearly for two
years for 400 participants
Adult residents of Newark whose
household income is less than 200% of
Federal Poverty Line, with a focus on
those experiencing housing insecurity
Research for policy change
Financial coaching services
Federal ARPA funds administered by
the City of Newark
Initial contributions from Jain Family
Institute and Economic Security
Project Planning grant from Mayors
for Guaranteed Income (MGI)
Additional $2.2m in private
philanthropic funds identified as of
2021
834
$500 monthly for 12 months for 155
participants

MADISON FORWARD FUND
Madison, Wisconsin

NEWARK MOVEMENT FOR

ECONOMIC EQUITY
Newark, New Jersey

MAGNOLIA MOTHER'S TRUST
Jackson, Mississippi
Overview of pilot
Eligibility Criteria
Additional Levers
for Change
Community Role
Governance
Structure
Post Pilot
Programming
Focus
Adult residents of Madison living with at
least one child and whose household income
is less than 200% of Federal Poverty Line
Research for policy change
No, Madison residents are not directly
engaged in program design or
implementation
Implemented through various partnerships with
research institutions, benefits administrator, and City of Madison
Advised by task force composed of Mayor-appointed
policy experts, researchers, CBO representatives, and
city councilmembers
Currently has not stated plans for further
programming
$250 biweekly or $3K twice yearly for two
years for 400 participants
Adult residents of Newark whose household income
is less than 200% of Federal Poverty Line, with a
focus on those experiencing housing insecurity
Research for policy change
Financial coaching services
Unclear how community has been engaged
Implemented by City of Newark
Advised by task force composed of researchers, CBO
representatives, city government staff, funders, and capacity building partners
Decision making conducted by Mayor
City of Newark plans to use pilot results to
appeal to state and federal policymakers
and expand the program
$1K monthly for 12 months to 95 mothers
Black mothers ages 21-45 with a child that reside in
specific subsidized housing communities and are in
good standing (i.e., not in process of being evicted)
Research for policy change
College savings account for each child
Access to support services (e.g., social worker)
With support from the program, participants become
community advocates to share their stories with
media and government
Implemented by Springboard to Opportunities,
a local nonprofit
Governed by Springboard to Opportunities’
Board of Directors
Program aims to provide data and
critical narratives to shape federal
policy on guaranteed income

STRATEGYGOVERNANCESUSTAINABILITY
Madison, Newark, and Jackson – among ~100 others - have launched guaranteedincome pilots with different strategies and governance models Sources: [1] Madison Forward Fund, [2] Newark Movement for Economic Equity & Building Financial Security: Newark’s Roadmap Toward a Guaranteed Income, [3] Magnolia Mother’s Trust 2021-22 Evaluation Report & PBS article on MMT 835
5 A representative from the City will have a designated voting seat on the Board of Advisors (BOA). The representative will sit alongside content experts, technical experts, and funders.

The Chair of the Community Experts Panel (CEP), who will also be a BOA member. They will serve as the official liaison between the two groups, while the R3F Director may support the Chair of the CEP in an unofficial manner
When the CEP makes decisions directly involving R3F funds (e.g., amount to be disbursed for emergency cash relief), the BOA will be required to sign off on these decisions as part of their mandate to maintain financial oversight over the
organization. The BOA’s role in these situations will be to either i) support the CEP’s decision if it does not present a financial or reputational risk for the organization or ii) recommend the CEP revisits the decision given that the BOA has identified clear and highly likely risks to the organization. If the latter occurs, the CEP will need to reconsider the decision with the additional information received by the BOA and reach a conclusion that satisfies both groups.

The City of Richmond will be a key stakeholder in governance, providing advisory support to achieve R3F’s mission for the community

BENEFITS OF PROPOSED

GOVERNANCE MODEL
Presents a collective impact
model representing public and
private actors alongside and
empowering community leaders,
drawing on lessons and
recommendations from ORESJ
and ‘two-hat’ model for
community engagement
Supports autonomy of program
management team responsible
for overseeing the day-to-day
operations of the program
Enables equitable
representation by diverse
stakeholder groups
Prevents any one constituency
from holding ‘veto’ power, or
otherwise dominating strategy
Emphasizes public-private
partnerships across
organizations and agencies to
draw on strengths
836
Next Steps:

Meet with Mayor and City Manager- MGI/ ESP
Secure waivers/benefits protection
Fellowship Screening and Onboarding
Community Expert Panel design
GI Presentations
Prospecting and Fundraising
Partnerships
Leveraging pubic dollars and commitment
837
Additional Slides for
Discussion and Background
R3F will be presenting to th Management Leadership Team 3/29 838
We sit in a Contra Costa Working
Group for GI. In this group we
participate in Facilitating GI
workshops and media with
community members.

Public comment and letters of
support for GI to the Board of
Supervisors re: Measure X and
ARPA dollars.

We are active members of
Guaranteed Income Bay Area
Community
R3F Advocates for GI
City County/Region State
We are partnering to implement a
Contra Contra County site
expansion for the Abundant Birth
Project, funded by CDHSS.

Active member of statewide
CAGICP- California Guaranteed
Income Community of Practice,
including meeting with state
decision makers.

Preparing, fundraising and
developing a Guaranteed
Income program in partnership
with City of Richmond Council,
Staff and residents.

Partnering to leverage and
fundraise and coordinate in
order to sustain a long term
program and policy shifts
At every level and opportunity, we are leveraging and adding value to our existing services in partnership for collective impact.839
How does
economic justice
intersect with
our priority
areas?
Housing &
Homelessness
Economic Recovery
& Security
Food &
Essential Supplies
Health
& Healing
Education
& Learning
R3F Priority Areas
Individuals and families can
use Guaranteed Income to
cover health related expenses,
including holistic services not
covered under basic
insurance! Education attainment over the
lifespan is most directly related with
income/poverty and health and
wellbeing.

Many families are not having basic
needs met which causes more stress
on households and negatively
impacts other aspects of their lives
(health, education etc.)
There are lots of unhoused community
members, not all of them are receiving
assistance or are aware of opportunities. Many
folks with housing can barely afford to pay rent.
840
Gives people the freedom to
spend the money on what they
need

Recurring payments are the quickest, most direct, and most effective way to get money into people’s pockets and
communities, providing support and creating stability as we recover together.

WHAT CAN

GUARANTEED
INCOME
ACCOMPLISH?
Help close financial gapsfor Black and Brown folkswho face higher rates ofpoverty than their whitepeers Supplements social
safety nets

Helps provide a cushion for
people in emergency
situations

Direct cash payments are an anti-poverty tool
that provides recipients the flexibility to
prioritize their needs and spend the money
where they need it most*
841
Periodic Cash
Payment
Individual Universal Unconditional
Five characteristics of
Basic Income
It is paid at regular
intervals (for
example every
month), not as a
one-off grant.

Paid in an appropriate
medium of exchange,
allowing those who
receive it to decide
what they spend it on
(not paid in vouchers)
It is paid on an
individual basis—
and not, for
instance, to
households.

It is paid to all,
without means
test.

It is paid without
a requirement to
work or to
demonstrate a
willingness to
work.
842
Recruit more doctors.

Our first key focus.

Many ways to structure a Basic Income
→ Who, how, and how much vary considerably depending on approach
→ Evidence is largely based on pilots conducted in small geographies
Weight of existing evidence shows strong support
for a BI program to improve social and economic well
being:

Education
Poverty -- and minimal effects on
labor force participation
Health
Pilots have not been around long
enough to evaluate sustained
impact on individual, family,
community and macroeconomic
outcomes, including whether BI
closes gaps in social, racial, and
geographical inequality
eg. wages, compensation, public
assistance
Atlanta Federal Reserve Tool:
https://emar-data-tools-
shinyapps.io/gi_dashboard
Need to consider how a BI program
intersects with other resources
843

Cash disbursements in the form
of guaranteed income have
gained support in the past years
& have been shown to improve
economic security
Guaranteed
Income
Programs
Stockton Economic Empowerment
Demonstration (SEED) (125 residents $500 per
month for 24 months)
Long Beach Guaranteed Income Program ($500 a
month to 500 households for 12months)
San Diego Resilient Communities for Every Child
($500 a month 150 families for 24 months)
Direct Investment Program in Sacramento (DIPS)
(100 households $300/month for 2 years)
Oakland Resilient Families 600 families
$500/month
844

Guaranteed
Income
Programs
Cont.

MOMmentum Marin (125 moms $1000/month 2
years)
Transition-Age Youth Basic Income Pilot Program Santa
Clara $1000/month 72 young adults 1 year with 6month
extension
Preserving Our Diversity $700 for a one-person
household or $1,225 for a two-person household
Compton Pledge $450/month 397 participants
Bimonthly, . Lump sum and quarterly payment
YBCA Guaranteed Income Pilot San Francisco
$1,000/month 130 artists
Map by Economic Security Project & Mayors for Guaranteed Income showing the guaranteed income programs established over past 5 years
845
GI in Contra Costa
Contra Costa Working Group
Richmond Rapid Response
Fund
Monument Impact
Collaborative Advocacy +
Power Partnership (CAPP)
Economic Equity Team
Community forums & focus groups
Financial wellness survey
Emergency Cash Response
2023 Fall Pilot
Pilot in Concord
Proposal to Concord City
Council using American
Letter Of Support for GI pilot in Contra Costa
Recommending young people aging out of
foster care
Rescue Plan Act dollars –
up for vote 2/28!
Hosted By Community Financial Resources funded by Y&H Soda846 GI Field is looking towards
longer-term
implementation
The field is transitioning towards thinking
about longer-term implementation and
sustainability of GI at scale, after three years of
momentum around setting up pilots and
building evidence on the impact of GI in
different settings
“There is no point in talking about guaranteed
income unless there is a sustainable funding
source.” - GI expert
“Mayors for Guaranteed Income is driving a shift
towards storytelling and policy work." - GI program
administrator
Federal Funding is the goal
for sustainable funding
source
Given that GI aims to be unrestricted and
recurring, it requires a sizable and sustainable
funding source only available at the federal
level
While supportive of GI pilots in order to build
evidence, philanthropy has not demonstrated
interest in funding a single GI program in the
long term
“It is tough to consider other funding pathways
[besides federal] because it is very expensive.” - GI
program administrator
“The conversation is not around how do we run
pilots in perpetuity because philanthropy will not do
it. It is around how do we pass policy." - GI expert
Current GI work must be
connected with advocacy
GI experts expressed that the current value of
doing a GI pilot is both in its a) direct impact on
people & b) contribution to the broader
movement conducting advocacy and narrative
change
GI pilots must therefore focus on evaluating
performance and gathering stories in order to
participate in advocacy
“Only reason to do a GI pilot right now would be
to become a part of the national advocacy
movement. We need a group of people who are
hungry to be in the news and down in
Sacramento for this.” - GI expert
Given the positive effects of guaranteed income, the field is looking to achieve scale and sustainability in the long term Conversations with GI experts and program administrators revealed a series of key insights... 847
What is
Narrative
Change?
Narrative change, "Rests on the premise
that reality is socially constructed through
narrative, and that in order to bring about
change in the world we need to pay
attention to the ways in which this takes
place".
848
Funders are generally supportive of a guaranteed income pilot, given their "trust-based philosophy" approach, if linked to longer-term plan Most funders are willing to support and respond to
what community members and local organizations
(such as R3F) identify as needs and opportunities,
given that most of these are now adopting trust-based
grant making principles
However, foundations will not support a long-term
guaranteed income program because it requires a
substantial amount of dedicated resources
Funders are supportive of a guaranteed income pilot
in Richmond, as long as it clearly outlines the long-
term objectives of the program, contains an
evaluation component, & is closely linked to local,
state, and national advocacy efforts
"We are supportive of whatever the
community decides and are interested in
learning alongside Richmond." - Funder
"It is not sustainable to fund this
privately for the long term." - Funder
"Both GI and advocacy are needed. For
GI to be sustained you need to build a
base of advocates in the community."
- Funder
Our teams had conversations with The California Endowment, Zellerbach Family Foundation, Hirsch Philanthropy Partners & San Francisco Foundation 849 Community Dreams
Assessement
Reflections
Continued
850
Corinna Espino, MSW
Chief Empathy Officer
corinna@
empathyinactionconsulting.com
Empathy in Action Consulting Team
Sascha Owens, B.A.Director of EmpatheticOpportunities
sascha@
empathyinactionconsulting.com
Iris Wen, B.A.New Market ProjectConsultant
iris@
empathyinactionconsulting.com
Mac Layne, B.A.Development andLanguage Consultant
mac@
empathyinactionconsulting.com
www.empathyinactionconsulting.com
@empathyinactionconsulting
851

STRATEGYSUSTAINABILITY
To date, the process has involved a series of focus groups and surveys, facilitated through a trauma informed & liberation framework
The two formal focus groups included East Bay
Center for the Performing Arts service providers
and Safe Organized Spaces service providers and
residents. The process for formal focus groups
included asking all questions on the service provider
survey and allowing space for group discussion. The
focus group for service providers did not collect
specific demographic data of the participants.

The five informal focus groups were conducted
during outreach efforts at Brother’s Liquor, the
Spirit and Soul Festival in Downtown Richmond, the
Richmond Wellness Trail Grand Opening, and the
MLK Day of Service at Unity Park. This process
included covering the core community dreams and
needs, direct questions about direct cash
disbursement vs allocating funds to community
organizations and efforts, and identification of
community experts. Empathy in Action asked for
permission to take notes and tracked qualitative and
quantitative answers on survey forms.

Focus groups | Empathy in Action has conducted 2
formal focus groups and 5 informal focus groups

Survey development | Quantitative vs. qualitative questions Survey had significantly higher density of qualitative questions, as opposed to quantitative questions
Qualitative questions and interviews allowed for community education regarding R3F, guaranteed basic income, cash
disbursement, and policy work at City level
Focus on contextualizing quantitative answers with qualitative data Allowed community members to tell their story, in their own words and language
Wanted to avoid folks having to put numbers to entire lived experiences
Allowed for respondent authenticity, agency, safety and belonging Trauma-informed & liberation framework
Liberation model
Prioritized connecting with folks who were not connected to services Ensured opportunities for continuous feedback throughout the decision making process
Questions developed using human-centered, trauma-informed language
Safety
Ensuring folks they only had to answer what felt comfortable for them
Met them in locations they felt comfortable and safe in Presented options for answering questions
852
‹#›
Richmond is a multi-cultural community – the community
engagement seeks to reflect that rich diversity
Respondents' self-reported gender was 53.9% female,

43.6% male, 1.5% non-binary and 1% transgender.

Most did not identify their race/ethnicity, but among those who did, the top responses were Black, Latino/a/x, and
white. Other self-reported ethnicities include Indian,
Mexican, Hispanic, Han, Chinese, Laotian, Vietnamese,
German and Nigerian.

Around 35% of respondents were Spanish speakers, with
most of these being Richmond residents
The breakdown by type of respondent is as follow…
120 English
62 Spanish
38 Spanish and English
5 Chinese
3 Nepali
1 Laotian
1 Wom
The majority of respondents were under the age of 30
years old, with an even age distribution on both sides of the number line.
853
Respondents expressed financial security as the greatest community need Service providers ranked (1) Economic security; (2) Food/essential supplies; (3) Housing as the top three core areas of focus
Respondents ranked community needs in the following order: (1) Economic security 55.8%; (2) Housing 50%; (3) Food and Essential Supplies 48.6%; (4) Education 43.7%; (5) Mental health 42.7%; (6) Physical health 37.9% % = the percentage of respondents that noted that their needs in this category are not being met comfortably.

Of those who primarily speak English at home, they were more likely to feel their needs were being met in all the areas compared to homes where English was not the primary language Key insights:

Breakdown of responses regarding community needs
854
Building Blocks 4 kids x5
Deneshia Clemons x2
RPAx2
Empathy in Action Consulting
x2
Rich City Rides x2
Bay Area Rescue Mission x2
CBE x2
First 5 x2
1hundredyears Enterprise x2
During the next phase of community outreach, the team will start to create the community experts panel that will be part of R3F’s governing council List of community experts identified by respondents of community dreams assessment Family x 40
Parents x16
Neighbors x12
Urban Tilth x11
The people/communities are
the experts x10
Church x 7
Friends x6
Rich City Rides x5
Moving Forward x4
Organizations and groups with multiple nominations
Note: Some categories,
residents, and
organizations were
mentioned several times
by respondents of the
community dreams
assessment and were
noted with: “(x#)”
855

HUDSONUP GI PILOT
Hudson, New York

NEWARK MOVEMENT FOR

ECONOMIC EQUITY
Newark, New Jersey

ABUNDANT BIRTH PROJECT
San Francisco, CA
Governance
Structure
Community Role
Community Advisory Board comprising 7
members, including representatives from
implementing organizations, CSOs,
community members, and the Mayor
Ongoing implementation primarily in
partnership between the Spark of the
Hudson (under the Eutopia Foundation) and
the Humanity Forward Foundation, with
support from other community partners
Designated advisory role via Newark
Philanthropic Liaison
After pilot, functions mostly
independently of public agencies and
self-determines strategy
Community Governance Council
comprising 25-30 members, including
community experts (Black and Pacific
Islander mothers) & institutional actors
Fiscal sponsorship under Heluna
Health
Ongoing implementation by Expecting
Justice collaborative

GOVERNANCE
… with city representatives participating via an equitable governance model that prioritizes community voices and leadership
Exploratory task force comprising 30+
community organizations and Mayor’s
office launched report to catalyze
project
Fiscal sponsorship under the
Community Foundation of New Jersey
Ongoing implementation by NMEE
management team
CBOs are members of Task
Force
Public education program via
community ambassadors
Government Role
CBOs and community members
are members of Advisory Board
Designated seat for Mayor on
Community Advisory Board
Community Experts on Governance
Council provide monthly input into
questions regarding program design
and community engagement
Community Governance Council
includes representatives from
partnered government agencies
The City of Richmond will have the opportunity to participate in an inclusive, democratically-led process of collaborative community engagement 856

PROCLAMATION

54th ANNUAL PROFESSIONAL MUNICIPAL CLERK’S WEEK
April 30 - May 6, 2023

Whereas, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and

Whereas, the Office of the Municipal Clerk is the oldest public servants, and

Whereas, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and

Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.

Whereas, the Municipal Clerk serves as the information center on functions of local government and community.

Whereas, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations.

Whereas, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.

Now, Therefore, I, Eduardo Martinez, Mayor of the City of Richmond, do recognize the week of April 30 through May 6, 2023, as 54th Annual Professional Municipal Clerks’ Week, and further extend appreciation to our Municipal Clerk, Pamela Christian, and her staff, Jasuara Castaneda, Ursula DeLoa, and Sabrina Lundy for the vital services they perform and their exemplary professionalism and dedication to the Richmond community they represent.

_______________________________
Gayle McLaughlin, Mayor
857

PROCLAMATION

54th ANNUAL PROFESSIONAL MUNICIPAL CLERK’S WEEK
April 30 - May 6, 2023

Whereas, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and

Whereas, the Office of the Municipal Clerk is the oldest public servants, and

Whereas, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and

Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all.

Whereas, the Municipal Clerk serves as the information center on functions of local government and community.

Whereas, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk.

_______________________________
Eduardo Martinez, Mayor
858

Page 1 of 2 ends

April 18, 2023

Mayor's Office

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

Mayor Eduardo Martinez

Subject:

Appointments to Municipal Wastewater Oversight Ad Hoc
Committee
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

March 21, 2023 item R.2

STATEMENT OF THE
ISSUE:

Appointments to Municipal Wastewater Oversight Ad Hoc
Committee
RECOMMENDED ACTION:

APPROVE the appointments of Mayor Eduardo Martinez,
Councilmember Cesar Zepeda, and Councilmember
Doria Robinson to the Municipal Wastewater Oversight
Ad Hoc Committee — Mayor's Office (Mayor Eduardo
Martinez 510-620-6503)

DISCUSSION:

As stated in the March 21, 2023 agenda item establishing the Municipal Wastewater Oversight Ad Hoc Committee, additional oversight is needed for Richmond’s municipal AGENDA
REPORT
859

Page 2 of 2 ends

April 18, 2023
wastewater services and storm drain infrastructure. Councilmember Cesar Zepeda’s district houses Veolia, which operates and maintains the City's wastewater treatment facility. Councilmember Doria Robinson’s district is significantly impacted by stormwater issues, particularly Atchison Village.

860

Page 1 of 2 ends

April 18, 2023

Mayor's Office

DATE: April 18, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Eduardo Martinez
Subject:
(This will appear on the agenda)
Appointment to the Commission on Aging
FINANCIAL IMPACT: N/A

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

STATEMENT OF THE
ISSUE:

Bryan M. Harris is applying for a vacant seat on the
Commission on Aging.

RECOMMENDED ACTION:
(This will appear on the agenda)
APPOINT Bryan M. Harris to the Commission on Aging,
to fill an unexpired term, Term Expires May 19, 2026 -
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION: Bryan has worked with the Commission on Aging in the past and has worked with the Richmond Senior Center & Contra Costa County. Bryan’s vast, and AGENDA
REPORT
861

Page 2 of 2 ends

April 18, 2023
varied experience with working as a registered nurse will provide a true asset to the Commission on aging.

DOCUMENTS ATTACHED:

Bryan M. Harris application
862

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✔

COMMISSION ON AGING
Bryan M Harris
2612 Roosevelt Ave., Richmond, CA 94804
94804 510-860-2704
[email protected] Self-employed
20 years
Self-employed
As a college intern, I worked with the Commission on Aging; the late Arnie Kasendorf was my mentor. The experience prepared me well for work in public service. During my employment years with the Richmond Senior Center & Contra Costa County, I continued to work closely with the COA. I've been very fortunate to have learned well from my many mentors; it is now time that I give back to my aging community.

Oakland Transitional Grant Area (OTGA) - Councilmember; Richmond's Transportation Committee, CSUS Associated Students Inc. - Finance & Budget Chairman, CSUS Inter-fraternity Council - Treasurer, Sigma Phi Epsilon, Cal Theta Chapter (SAC) - Vice President, Scholarship Chairman MS Geronotology (SFSU); BA Communication Studies (CSUS), Minors in Anthropology & Business Adm AA Marketing (Sierra College), Concentration in Graphic Design; AA Management (Keystone College) CNA/HHA/RNA Nursing Certifications (WCCAE/Richmond), RD/RDN (registered dietitian/nutritionist) CA Mrytle Braxton - Richmond, CA [email protected]
Zandra Washington Oakland, 510-435-9448 [email protected] Michele Castano, Concord, 510-750-8150 [email protected] Anne Hause - Albany, CA 510-527-2830 [email protected] Peter Defabio - Richmond, CA 510-426-3627 [email protected]

RECEIVED

CITY CLERK'S OFFICE
APRIL 3, 2023
863

Page 1 of 2 ends

April 18, 2023

Mayor's Office

DATE: April 18, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Eduardo Martinez

Subject:
(This will appear on the agenda)
Appointment to the Recreation and Parks Commission
FINANCIAL IMPACT: N/A

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

STATEMENT OF THE
ISSUE:

Arleide Santos is applying for an open position on the
Recreations and Parks Commission
RECOMMENDED ACTION:
(This will appear on the agenda)
APPOINT Arleide Santos to the Recreations and Parks
Commission, to fill an unexpired term, Term Expires
October 26, 2024 - Mayor’s Office (Mayor Eduardo
Martinez 510-620-6503).

DISCUSSION: Arleide has been a Greenway Community Organizer for the last 2 years.

Arleide also has been a lead in neighborhood improvement campaign. Arleide has AGENDA
REPORT
864

Page 2 of 2 ends

April 18, 2023
worked with the Richmond community for the past five years in an array of issues from the greening of parks, urban agriculture and park safety.

DOCUMENTS ATTACHED:

Attachment 1 – Application for Arleide Santos
865
866
867

Page 1 of 2 ends

April 18, 2023

Mayor's Office

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

STATEMENT OF THE
ISSUE:

Elena Velazquez is applying for a vacant seat on the
Richmond Youth Council
RECOMMENDED ACTION:
(This will appear on the agenda)
APPOINT Elena Velazquez to the Youth Council, term
expires, October 1, 2024 – Mayor’s Office (Eduardo
Martinez 510-620-6503).

DISCUSSION: Elena is active in several programs such as the Boys and Girls club, and Rosie Girls Summer Camp for Rosie the Riveter Trust. She has completed Urban Tilth’s Summer Apprentice Program and the NorCal First Alarm Fire Camp for girls.

AGENDA
REPORT
868

Page 2 of 2 ends

April 18, 2023

DOCUMENTS ATTACHED:

Attachment 1 – Elena’s application

869
870
871

Page 1 of 2 ends

(insert date of meeting)

Mayor's Office

DATE: April 18, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Eduardo Martinez

Subject:
(This will appear on the agenda)
Appointment to the Personnel Board
FINANCIAL IMPACT: N/A

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

STATEMENT OF THE
ISSUE:

Philip Front is applying for an open position on the
Personnel Board
RECOMMENDED ACTION:
(This will appear on the agenda)
APPOINT Philip Front to the Personnel Board, to fill an open position, Term Expires December 31, 2028 -
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

AGENDA
REPORT
872

Page 2 of 2 ends

(insert date of meeting)
DOCUMENTS ATTACHED:

Attachment 1 – Philip’s application
873
874

Page 1 of 2 ends

April 18, 2023

Mayor's Office

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

Mayor Martinez and Councilmember Bana
Subject:

Proclamation Recognizing Vaisakhi
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Vaisakhi is a significant religious and cultural festival for the Sikh community. It marks the birth of the Khalsa and the harvest season.

RECOMMENDED ACTION:

PROCLAMATION honoring the Sikh American
Community’s Celebration of Vaisakhi - Mayor Eduardo
Martinez (510-620-6503) and Councilmember Soheila
Bana (510-620-6473).

DISCUSSION:

AGENDA
REPORT
875

Page 2 of 2 ends

April 18, 2023
The City of Richmond recognizes the importance of celebrating and promoting cultural diversity and understanding. April 14, 2023, marked the beginning of the harvest season and the birth of the Khalsa.

The word "Khalsa" means "pure", Khalsa's are Sikhs which have undergone the sacred Amrit Ceremony initiated by the 10th Sikh Guru, Guru Gobind Singh.

The Sikh American community in Richmond has organized a variety of cultural events and activities to celebrate Vaisakhi, including parades, food fairs and musical performances which provide opportunities for all residents to participate in and learn about this important holiday.

The Sikh American community is an integral part of Richmond, and their traditions and celebrations contribute to the richness and diversity of Richmond’s culture.

Residents of Richmond are encouraged to join the Sikh community in the celebration of Vaisakhi.

DOCUMENTS ATTACHED:

Attachment– Proclamation
876

CITY OF RICHMOND, CALIFORNIA

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

Honoring the Sikh American Community's Celebration of Vaisakhi

WHEREAS, the City of Richmond recognizes the importance of celebrating and promoting cultural diversity and understanding in our community; and

WHEREAS the Sikh American community is an integral part of our city, and their traditions and celebrations contribute to the richness and diversity of our culture; and

WHEREAS Vaisakhi is a significant religious and cultural festival for the Sikh community, marking the birth of the Khalsa and the harvest season; and

WHEREAS, Vaisakhi is a time for the Sikh American community to come together in unity, reflection, and gratitude, and to share their traditions and culture with others; and

WHEREAS, the Sikh American community in Richmond has organized a variety of cultural events and activities to celebrate Vaisakhi, including parades, food fairs, and musical performances, providing opportunities for all residents to participate in and learn about this important holiday.

NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council does hereby proclaim April 14, 2023, as Sikh American Vaisakhi Day in the City of Richmond.

BE IT FURTHER RESOLVED, that the City Council at its meeting of April 18, 2023, urges all residents to learn about and participate in the Vaisakhi festivities, visit El Sobrante Gurdwara Sahib, the Sikh Center of the San Francisco Bay Area, and to show support for our Sikh American neighbors during this important time. Let us celebrate the cultural richness and diversity of our city and honor the contributions of the Sikh American community to our community's vibrancy and vitality.

Eduardo Martinez Soheila Bana

Eduardo Martinez, Mayor Soheila Bana, Councilmember

877

Page 1 of 2 ends

April 18, 2023

Mayor's Office

DATE: April 18, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
(List all relevant/responsive staff
persons)
Mayor Martinez

Subject:
(This will appear on the agenda)
Proclamations for the Month of May
FINANCIAL IMPACT: none

PREVIOUS COUNCIL
ACTION:
(List all dates items were heard or
council action took place)
none

STATEMENT OF THE
ISSUE:

On April 18, 2023, the City of Richmond recognizes 100
Years of EBMUD, Mental Health Awareness, David
Moore, and Cinco De Mayo.

RECOMMENDED ACTION:
(This will appear on the agenda)
PROCLAMATION recognizing 100 Years of EBMUD,
Mental Health Awareness, Honoring David Moore, and
Cinco De Mayo - Mayor Eduardo Martinez (510-620-
6503).

DISCUSSION:

Proclamations celebrating and honoring individuals, causes, organizations, and more for the month of May.

AGENDA
REPORT
878

Page 2 of 2 ends

April 18, 2023

DOCUMENTS ATTACHED:

Attachment 1 – Proclamations Document

879

City of Pride and Purpose
450 Civic Center Plaza, Richmond, CA 94804 | www.RichmondCAMayor.org | 510.620.6527

Proclamations May

EAST BAY MUNICIPAL UTILITY DISTRICT PROCLAMATION
WHEREAS, The California State Legislature adopted the Municipal Utility District Act (MUD Act) in 1921, allowing the creation of a special district to provide domestic water services across city and county jurisdictional boundaries; and
WHEREAS, EBMUD was established on May 8, 1923, by the voters of seven East Bay cities to consolidate numerous private companies and provide safe, reliable water service; and WHEREAS, EBMUD provides high-quality Mokelumne River water to homes and businesses of the East Bay through an extensive infrastructure system that includes Pardee and Camanche Reservoirs in the Sierra foothills, aqueducts spanning 90 miles, five East Bay reservoirs, state-of-the- art water treatment plants and pumps, and 4,200 miles of distribution pipes; and WHEREAS, EBMUD’s duties were expanded in 1944, when voters established Special District No. 1, and since that time EBMUD built and has operated a wastewater treatment system to protect the health of San Francisco Bay, and EBMUD became the first utility in the nation to generate net renewable energy by capturing methane gas from the wastewater treatment process; and WHEREAS, EBMUD successfully manages its water system to concurrently provide municipal water supply, restore and protect the environment, meet the needs of downstream water users, meet flood control requirements, and generate renewable energy through hydropower; WHEREAS, EBMUD acquired additional water rights and built facilities to access Sacramento River water in dry years, purchases supplemental supplies during dry years, and invests in water conservation and water recycling to ensure reliable, high-quality water supplies for generations to come; and,
WHEREAS, EBMUD has been recognized for excellence in water treatment; is a leader in research and innovation; and is committed to investing in and maintaining infrastructure to ensure customers have dependable water supplies; and
WHEREAS, EBMUD’s environmental leadership is demonstrated by establishing the first utility watershed master plan addressing water quality and biodiversity protection while balancing recreation access, supporting a healthy salmon fishery on the Mokelumne River, introducing Office of the Mayor Eduardo Martinez

CITY OF RICHMOND, CALIFORNIA

880

City of Pride and Purpose
450 Civic Center Plaza, Richmond, CA 94804 | www.RichmondCAMayor.org | 510.620.6527 pioneering water education and conservation services, and sponsoring state legislation to get lead out of drinking water plumbing fixtures that resulted in a national law; and WHEREAS, EBMUD now serves 1.4 million drinking water customers in 20 incorporated and 15 unincorporated cities and communities and supports a regional $748 billion Bay Area economy that is essential to the economic health of California; and
WHEREAS, EBMUD’s wastewater treatment system protects San Francisco Bay and serves 740,000 people from the communities of Alameda, Albany, Berkeley, El Cerrito, Emeryville, Kensington, Oakland, Piedmont, and part of Richmond; and WHEREAS, EBMUD is a major Bay Area employer with employees working in a broad range of trades, technical, administrative and scientific fields, and is committed to cultivating diversity, advancing equity and ensuring an inclusive culture for its employees, customers, and the communities it serves; and
WHEREAS, the East Bay Municipal Utility District has provided 100 years of responsible and exemplary public service; now therefore be it
NOW THEREFORE, I, the Mayor of Richmond and Richmond City council, congratulate the East Bay Municipal Utility District on its Centennial Anniversary.

Signed,

Eduardo Martinez
Mayor’s Office

April 18th, 2023

881

City of Pride and Purpose
450 Civic Center Plaza, Richmond, CA 94804 | www.RichmondCAMayor.org | 510.620.6527

MENTAL HEALTH AWARENESS MONTH PROCLAMATION

WHEREAS, mental health is a critical component of overall health and well-being, and it is important to raise awareness about the importance of taking care of our mental health; and

WHEREAS, mental health conditions are common, affecting one in five adults in the United States each year, and they can have a profound impact on individuals, families, and communities; and

WHEREAS, Mental Health Awareness Month has been observed in May since 1949, and it provides an opportunity to raise awareness about mental health and to promote access to resources and support; and

WHEREAS, the City of Richmond recognizes the importance of mental health and is committed to promoting mental health and well-being in our community;

NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, CA, do hereby proclaim May 2023 as Mental Health Awareness Month in the City of Richmond and urge all residents to take the opportunity to learn more about mental health and to support those who may be struggling with mental health conditions.

I call upon our community to join together to support mental health, reduce stigma, and promote the importance of early detection and treatment of mental health conditions.

Signed,

Eduardo Martinez
Mayor’s Office

April 18th, 2023

Office of the Mayor Eduardo Martinez

CITY OF RICHMOND, CALIFORNIA

882

City of Pride and Purpose
450 Civic Center Plaza, Richmond, CA 94804 | www.RichmondCAMayor.org | 510.620.6527

PROCLAMATION RECOGNIZING THE LIFE AND CONTRIBUTIONS OF RICHMOND

ARTIST DAVID MOORE
WHEREAS, the City of Richmond recognizes and values the contributions of artists to the cultural and social fabric of our community; and
WHEREAS, David Moore was a prominent artist and resident of the City of Richmond who dedicated his life to creating art that reflected the community's unique history, struggles, and aspirations; and
WHEREAS, David Moore's art was not only a means of expression and reflection but also a vehicle for social justice and community engagement, as he used his talents to promote and empower the voices of marginalized communities and to inspire social change; and WHEREAS, David Moore was a respected and loved member of our community, and his passing is a great loss to us all; and
NOW, THEREFORE, I, Eduardo Martinez, Mayor of Richmond, California, do hereby officially commemorate the life and accomplishments of David Moore, a dedicated Richmond artist who gave so much to the Richmond community.

The Richmond City Council acknowledges his contributions and extend our deepest sympathy to his family and friends and presents a copy of this proclamation to David Moore’s family, and a copy be made part of the permanent records of the City of Richmond.

Signed,

Eduardo Martinez
Mayor’s Office

April 18th, 2023

Office of the Mayor Eduardo Martinez

CITY OF RICHMOND, CALIFORNIA

883

City of Pride and Purpose
450 Civic Center Plaza, Richmond, CA 94804 | www.RichmondCAMayor.org | 510.620.6527

PROCLAMATION HONORING THE 2023 CINCO DE MAYO HOLIDAY AND

FESTIVITIES IN RICHMOND

WHEREAS, the City of Richmond recognizes and values the diversity and cultural richness of its community; and

WHEREAS, the Cinco de Mayo holiday is a significant celebration that highlights the history, culture, and contributions of the Mexican-American community to the City of Richmond; and

WHEREAS, the Cinco de Mayo holiday commemorates the Mexican Army's victory over the French Army at the Battle of Puebla on May 5, 1862, which has become a symbol of Mexican heritage, pride, and resistance; and

WHEREAS, the City of Richmond acknowledges the importance of celebrating and promoting cultural diversity, unity, and inclusivity as core values of the community; and

NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, California, do hereby proclaim May 5, 2023, as the Cinco de Mayo Holiday and Festivities in Richmond, California, and urge all residents and visitors to join in the celebration of this important cultural event.

I call upon all residents to celebrate Cinco de Mayo with ceremonies, activities, and programs that recognize the contributions of the Mexican-American community and the significance of this day to their heritage and history.

Signed,

Eduardo Martinez
Mayor of Richmond
April 12, 2023

Office of the Mayor Eduardo Martinez

CITY OF RICHMOND, CALIFORNIA

884

City of Pride and Purpose
450 Civic Center Plaza, Richmond, CA 94804 | www.RichmondCAMayor.org | 510.620.6527

PROCLAMATION HONORING THE SIKH AMERICAN COMMUNITY'S

CELEBRATION OF V AISAKHI

WHEREAS, the City of Richmond recognizes the importance of celebrating and promoting cultural diversity and understanding in our community; and

WHEREAS, the Sikh American community is an integral part of our city, and their traditions and celebrations contribute to the richness and diversity of our culture; and

WHEREAS, Vaisakhi is a significant religious and cultural festival for the Sikh community, marking the birth of the Khalsa and the harvest season; and

WHEREAS, Vaisakhi is a time for the Sikh American community to come together in unity, reflection, and gratitude, and to share their traditions and culture with others; and

NOW, THEREFORE, I, EDUARDO MARTINEZ, Mayor of the City of Richmond, do hereby proclaim April 14, 2023, as Sikh American Vaisakhi Day in the City of Richmond.

I urge all residents to learn about and participate in the Vaisakhi festivities, visit El Sobrante Gurdwara Sahib, the Sikh Center of the San Francisco Bay Area, and to show support for our Sikh American neighbors during this important time. Let us celebrate the cultural richness and diversity of our city and honor the contributions of the Sikh American community to our community's vibrancy and vitality.

Signed,

Eduardo Martinez
Mayor of Richmond
April 12, 2023

Office of the Mayor Eduardo Martinez

CITY OF RICHMOND, CALIFORNIA

Soheila bana
City of Richmond Councilmember
April 12, 2023

885

Page 1 of 2 ends

April 18, 2023

Police Department

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

Bisa French, Chief of Police

Subject:

First Contract Amendment with Richmond Rod and Gun
Club for Facility Rental.

FINANCIAL IMPACT: An estimated $20,000 will come from the approved fiscal year 2022-2023 budget, and the balance will come from
the fiscal year 2023-2024 budget, for a total first contract amendment not to exceed $40,000 and a total contract
amount not to exceed $75,000 - account string
01191021-400243.

PREVIOUS COUNCIL
ACTION:

10/05/2021 – initial contract approval

STATEMENT OF THE
ISSUE:

Due to its location and extended hours, Richmond Police Department (RPD) chose Richmond Rod and Gun Club
as its primary facility for mandatory officer training. RPD staff wishes to rent the facility for additional days to accommodate new hire onboarding qualification
requirements and to allow for additional SWAT training.

RECOMMENDED ACTION:

APPROVE a first contract amendment with Richmond
Rod and Gun Club, to increase the compensation by an
amount not to exceed $40,000, to allow for additional
facility rental time for mandatory officer training, for a new total contract amount not to exceed $75,000 – Police
Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
886

Page 2 of 2 ends

April 18, 2023
DISCUSSION:

The Richmond Police Department (RPD) plans to hire at least 30 officers in the next two fiscal years. Although new hires complete live-fire training in the academy, the Police Department also requires new hires to pass their range tests with department issued service weapons. Since a shooting bay rental – which is a designated shooting space that helps to ensure safety while shooting and is about four feet wide to allow one shooter a safety zone to handle live rounds and fire a weapon - can only accommodate three to four trainees per day, we need to either add more shooting bays or more days to the contract costs.

In addition to the required 40 hours of firearms training and policy review for new hires, the police department uses the range for the following:

1. The Tactical Response Team (TRT) and Special Weapons and Tactics (SWAT) units utilize the range for training that is specific to their respective units since they operate together in critical situations.

2. Advanced Officer (AO) Firearms Training, which is mandated by POST every other year. This was completed this year.

3. The department provides four range days per year to retired employees to complete their Concealed Carry Weapon (CCW) qualification at the range.

4. The Firearms and Tactics Unit conducts monthly training that includes four training days per month for eight months. Note, these training days are used to fulfill/complete other necessary tasks as required. This includes time allotted for injured officers who are returning to duty and must first complete a pistol shooting qualification.

5. For officers and/or range staff to check/test repaired equipment, etc.

6. Peace Officer Standards & Training (POST) approved/controlled rifle class which certifies/allows officers to be patrol rifle certified. This class is 40 hours long (four range days) and one to two classes are held per year based on the need.

The proposed $40,000 contract amendment would allow RPD approximately 57 training days with two bays per day (cost is $350/bay per day). The above-mentioned (items 1- 6) rental uses equate to approximately 71 days. However, specialized training used by smaller groups (e.g., sniper training, etc.) can be limited to one bay in order to stay within the contract amendment funding request.

DOCUMENTS ATTACHED:

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

887

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.

Police
Sgt. F. Rivera
[email protected]
(510) 620-6663
5897
5854
Shooting facility for police training and practice - including new hire qualifications and ongoing special teams trainings. ✔
1 Richmond Rod & Gun Club
3155 GOODRICK AVE.

Richmond, CA 94801
Edward Tung
(510) 621-3120
[email protected]
4000-0506
December 31, 2023
✔
October 5, 2021
July 1, 2021
June 30, 2024
35,000.00
888
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.

Richmond Rod & Gun Club
889
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

5854
1 Richmond Rod & Gun Club
40,000.00
75,000.00
None.

890

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:

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.

POLICE
SGT. RIVERA
[email protected]
(510) 620-6663
5897
Shooting facility for police training and practice.

Richmond Rod & Gun Club
3155 GOODRICK AVE.

Richmond, CA 94801
Vince Sargentini
(510) 621-3120
[email protected]
4000-0506
December 31, 2021
July 1, 2021
June 30, 2024
35,000.00
✔
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 891

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 11/1/2021
General Manager
Mayor
892
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:

RPD
PROVIDE TRAINING FACILITIES FOR RPD USE ON ARRANGED DATES AND TIMES.

Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 893
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.

SGT. RIVERA
Richmond Rod & Gun Club
POLICE
SGT. RIVERA
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 894
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:

Richmond Rod & Gun Club
Richmond Rod & Gun Club
SGT. RIVERA
1701 REGATTA BLVD.

Vince Sargentini
3155 GOODRICK AVE.

Richmond, CA 94801
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 895
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 896
General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

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

DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 897
General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

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

DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 898
General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 899
General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 900
General Conditions/EJ/TE 01-19-11 6 of 13

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 901
General Conditions/EJ/TE 01-19-11 7 of 13

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

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 902
General Conditions/EJ/TE 01-19-11 8 of 13

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

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 903
General Conditions/EJ/TE 01-19-11 9 of 13

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

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 904
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.

DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 905
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 906
General Conditions/EJ/TE 01-19-11 12 of 13

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

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

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

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

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

39. Performance and Final Acceptance.

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

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

DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 907
General Conditions/EJ/TE 01-19-11 13 of 13

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

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

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

DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 908
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

NONE
Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 909
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.

Richmond Rod & Gun Club
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 910
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)
SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCE WITH THE POLICY PROVISIONS.

THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthis 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
RICHM-1OP ID: RW07/16/2021
ISU Lovering Ins. ServicesP. O. Box 6991121 Laurel StreetSan Carlos, CA 94070-0699 650-593-7601650-593-7410Philadelphia Indemnity Ins. CoState Compensation Ins. FundRichmond Rod & Gun Club, Inc.3155 Goodrick AvenueRichmond, CA 94801 AX 1,000,000PHPK217075008/23/202008/23/2021100,0005,0001,000,0002,000,000X 2,000,0001,000,000A PHPK217075008/23/202008/23/2021XXX 4,000,000A PHUB73513208/23/202008/23/20214,000,00010,00X XB 9258859-1908/06/202008/06/20211,000,0001,000,0001,000,000 Evidence of Insurance only. RICHM-2Richmond Police Department1701 Regatta Blvd,Ricmond, CA 94804 650-593-760135076
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 911
DocuSign Envelope ID: 79208B1E-C724-4CC1-A0D8-CADAC9E777C9 912

Page 1 of 2 ends

April 18, 2023

Police Department

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

Bisa French, Chief of Police

Subject:

Purchase Approval of One Instant Armor Ballistic Shield FINANCIAL IMPACT: There will be no impact to the General Fund. JAG Grant 2020 funds will be used to complete the purchase with no matching requirement. Total amount to be expended will
not exceed $43,656.06 – account string 10691021-
400603-19G06.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The City of Richmond Police Department wishes to utilize Justice Assistance Grant (JAG) grant funds to purchase
one tactical ballistic shield from Instant Armor, Inc.

RECOMMENDED ACTION:

APPROVE the sole-source purchase of one tactical
ballistic shield from Instant Armor, Inc., in an amount not to exceed $43,656.06, using Justice Assistance Grant
(JAG) funds – Police Department (Bisa French 510-621-
1802).

AGENDA
REPORT
913

Page 2 of 2 ends

April 18, 2023
DISCUSSION:

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows units of local government to support a broad range of activities to prevent and control crime based on their local needs and conditions. Grant funds can be used for technical assistance, training, personnel, equipment, supplies, and contractual support.

Police officers face dangerous situations daily; however, there are numerous tools that can be used to protect the lives of the officers and/or bystanders. The product, Instant Armor, is a ballistic shield that is rated to stop rifle rounds and can be deployed in a matter of seconds. Instant Armor is a National Institute of Justice Threat Level III, blanket panel system that was invented and is solely manufactured by Instant Armor, Inc. and is manufactured in the United States.

This Level Ill rated tactical blanket system may have a misleading name as it is not a soft cozy blanket, but a portable wall type shield - and it is the only one of its kind that is rated to withstand rifle rounds.

The individual pieces can be linked together to form a solid, mobile shield, that Special Weapons and Tactics (SWAT) and Special Teams can use when encountering a barricaded suspect or preparing to face armed suspects in an occupied facility. Many of the "blanket" shield systems offered to police departments are soft, flexible, Kevlar coated fabric that are only rated for handgun rounds. Although Kevlar blankets can stop a bullet from penetrating skin, the impact from the bullet hitting the blanket can transfer to the officer behind it, causing a range of injuries.

Due to Instant Armor's Level Ill rated protection being rigid, a round fired by a rifle will not transfer enough energy to permanently injure a user behind it, keeping responding officers safe and reducing the chance of minor or life-threatening injuries. Many other SWAT agencies across the country use this vendor, as it is the only one with the patent.

Attachment 1 has a partial list of agencies that purchased an Instant Armor shield.

The purchase of this tactical defensive gear will be funded entirely by the Edward Byrne Justice Assistance Grant (JAG) that was awarded to the Richmond Police Department in 2020 and is valid through September 30, 2023.

The Police Department is requesting that City Council approve the sole-source purchase of one tactical ballistic shield from Instant Armor, Inc. in an amount not to exceed $43,656.06.

DOCUMENTS ATTACHED:

Attachment 1 –Purchasing agencies list
Attachment 2 – Quote from Instant Armor, Inc.

Attachment 3 – Sole Source Form
914
2/27/23, 3:25 PM Instant Armor Sales List
instantarmor.com/sales-list/ 2/3
915
2/27/23, 3:25 PM Instant Armor Sales List
instantarmor.com/sales-list/ 3/3
© Copyright 2013 by Instant Armor. All Rights Reserved. 916

INSTANT ARMOR INC
350 E EASY STREET STE 1
SIMI VALLEY, CA 93065-1850
805-526-3046
[email protected]
Estimate

ADDRESS
Ofc. Alexander Caine
Richmond Police Department
1701 Regatta Blvd.

Richmond, CA 94804 USA

SHIP TO
Ofc. Alexander Caine
Richmond Police Department
1701 Regatta Blvd.

Richmond, CA 94804 USA
ESTIMATE # DATE EXPIRATION DATE
01-6681 10/20/2022 11/20/2022

SHIP VIA
FedEx

DESCRIPTION QTY RATE AMOUNT
5-Panel TAC III+ Harness System. Standard Package
Please specify POLICE, SWAT, or SHERIFF patches before placing order 1 39,110.15 39,110.15
N.I.J. Threat Level III Tactical Blanket System Panel 5 7,470.00 Hardcase: holds up to 5 panels. 3 handles, recessed wheels, compartments for straps & pole sets.
1 587.78
2-piece interlocking, aluminum pole set (2nd set to be used with Pole Pockets, below)
2 139.00
Loop Strap Accessory 3 23.76
Pole Attachment Strap 5 13.28
Suction Cup Attachment Strap 5 82.73
Hook Strap Accessory 3 26.68
"Lansing Strap" Shoulder Strap accessory 5 32.00
Pole Pocket (2 per set) 1 23.00
4" X 10" POLICE patch w/ full Velcro hook on back 5 16.00 SUBTOTAL 39,110.15
TAX 3,813.24
SHIPPING 732.67
TOTAL $43,656.06
Accepted By Accepted Date
917
City of Richmond
Sole Source Justification

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

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: Instant Armor, Inc.

Address: 350 E. Easy Street
Contact Name: Eric B. Michaelson
City: Simi Valley State: _C_A ____ Zip Code: _9_30_6_5 ______ Phone Number� 526-3046 E-Mail [email protected]
Duration of Contract: To complete purchase of ballistic blanket.

Estimated Cost:$ 44,000.00 Funding Source (Account String) 1o591o21-4oo5o3-19Go5 Is the product/service IT related? Yes __ No _x __ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_X__ No For Product: Does the manufacturer sell the item(s) through distributors? Yes__ No X Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) N.I.J. Threat Level Ill Tactical Blanket System Panel
Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition ( e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is impmtant to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

Please see Sole Source Provider Document attached, attachment A-1. This Level Ill rated tactical blanket system may have a misleading name, this is not a soft cozy blanket, but a portable wall type shield - and it is the only one of its kind that is rated to withstand rifle rounds. The individual pieces can be linked together to form a solid, mobile shield, that SWAT and Special Teams can use when encountering a barricaded suspect, or preparing for entry.

Many of the "blanket" shield systems found on line are soft, flexible, Kevlar coated fabric only rated for handgun rounds - and although the blanket may stop the bullet from penetrating skin, the impact from the bullet hitting the blanket can transfer to the officer behind it, causing a range of injuries. Because Instant Armor's Level Ill rated protection is rigid, a round fired by a rifle will not transfer enough energy to the user directly behind it, keeping all the officers safe and reducing the chance of a minor, or life-threatening injury. Many other SWAT agencies across the country use this vendor, as it is the only one with the patent - please see attachment A-2 for a list of agencies. (if additional space is needed, include them in a separate page)

Page 11 ends

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Page 1 of 2 ends

April 18, 2023

Police Department

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

Bisa French, Chief of Police

Subject:

BSCC California Grant for Officer Wellness and Mental
Health
FINANCIAL IMPACT: The City of Richmond Police Department will receive $83,547.84 based on the number of peace officers
described in Penal Code Section 830.1 – account string
10691021-334351.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Assembly Bill 178, Chapter 45, Statutes of 2022,
provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness
and expanding mental health sources. The City of
Richmond Police Department received $83,547.84 and
would like to use it to support its mental health services and wellness offerings.

RECOMMENDED ACTION:

ACCEPT and APPROPRIATE $83,547.84 in grant funds
offered to the Richmond Police Department from the
State of California Officer Wellness and Mental Health
Grant Program – Police Department (Chief Bisa French
510-621-1802).

AGENDA
REPORT
924

Page 2 of 2 ends

April 18, 2023
DISCUSSION:

The Officer Wellness and Mental Health Grant Program was established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), and provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The funding may be used for any of the following purposes:

 Establishing or expanding officer wellness units
 Establishing or expanding peer support units
 Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement
 Expanding multiagency mutual aid programs focused on officer wellness and mental health
 Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness

This grant funding is available to all city and county law enforcement agencies employing officers. The amount of funds was determined by the number of peace officers described in Penal Code section 830.1. Richmond Police Department received $83,547.84.

Richmond Police Department staff are willing and capable of adhering to the reporting requirements set forth by the Officer Wellness and Mental Health Grant Program. The annual reporting requirements include grant impact and financial expenditure reports due by December 31st of each year, culminating December 31, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Officer Wellness and Mental Health Grant Program Reporting Guide Attachment 2 – Memo sent by Linda Penner, Chair of BSCC Attachment 3 – BSCC Distribution
925

Page 1 ends

Officer Wellness and Mental Health
Grant Program

Reporting Guide

Instructions for Annual Report
and Final Impact Report

February 2023
926

Page i

CONTENTS
INTRODUCTION ............................................................................................................. 1 BSCC CONTACT INFORMATION .................................................................................. 1 SECURITY INFORMATION ............................................................................................ 1 DUE DATES .................................................................................................................... 1 GENERAL INSTRUCTIONS ........................................................................................... 1 COMPLETING THE ANNUAL REPORTS ....................................................................... 2 SECTION 1: GRANTEE INFORMATION ..................................................................... 2 SECTION 2: PRE-OFFICER WELLNESS GRANT INFORMATION ............................ 3 SECTION 3: GRANT IMPLEMENTATION ................................................................... 2 COMPLETING THE FINAL IMPACT REPORT ............................................................... 4 SECTION 1: GENERAL INFORMATION ..................................................................... 4 SECTION 2: PROGRAM DESCRIPTION .................................................................... 5 SECTION 3: WELLNESS MEASURES........................................................................ 5 SECTION 4: PROGRAM IMPACT ............................................................................... 7 SECTION 5: OVERALL IMPLEMENTATION EXPERIENCE ....................................... 9 SECTION 6: EXPENDITURE REPORT ..................................................................... 10

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Page 1 ends

INTRODUCTION
Law enforcement agencies that receive Officer Wellness and Mental Health Grant funds are required to submit a final impact of funding report and expenditure report to the Board of State and Community Corrections (BSCC) by December 1, 20251. The purpose of collecting this information is to demonstrate the impact these funds made on improving officer wellness. These reports will be shared with the California Commission on Peace Officer Standards and Training (POST).

This document provides instructions and descriptions about the types of information you will need to submit in the final impact report and expenditure report.

BSCC CONTACT INFORMATION
Direct any questions regarding the Officer Wellness and Mental Health Grant program to data collection procedures to [email protected].

SECURITY INFORMATION
The impact report and expenditure report will be submitted via a form in Smartsheet.

Information on Smartsheet security measures can be found at:
https://www.smartsheet.com/trust/security.

DUE DATES
The Annual Reports must be submitted by December 1, 2023 and December 1, 2024.

The Final Impact Report, which includes the expenditure report, must be submitted by December 1, 2025.

GENERAL INSTRUCTIONS
Both the Annual Reports and the Final Impact Report will be submitted via a form in Smartsheet. You will not need a Smartsheet account, special software or licenses to submit any of these reports. The forms must be completed and submitted in its entirety in a single session. With this in mind, it is recommended that the narrative responses first be drafted in Word format and pasted into the form, as you will be unable to save your responses in the form and return at a later time. Each text box is limited to 4,000 characters, including spaces, or approximately one single-spaced page.

1 Established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022) 928

Page 2 ends

The expenditure report will be completed in a pre-formatted Excel file, which will be submitted via Smartsheet by using the attach file feature at the end of the Final Impact Report form.

COMPLETING THE ANNUAL REPORTS
The annual reports are a brief status report on spending the Officer Wellness and Mental Health Grant program funds. Each of the fields which comprise the Annual Reports are described in detail below.

SECTION 1: GRANTEE INFORMATION
Agency
Identify the law enforcement agency that is the recipient of the grant funds.

Reporting Year
Select the year for which you are reporting, either
Year 1: January 1, 2023 – October 31, 2023 (Due December 1, 2023) Year 2: November 1, 2023 – October 31, 2024 (Due December 1, 2024) Preparer’s Information
Complete four fields (Prepared by, Preparer’s Title, Phone Number, and Email Address) to provide the name, title and contact information for the individual completing the report. This information is necessary so we can reach out to this individual if we have any follow-up questions.

Do you require any technical assistance?
If technical assistance is needed, select “yes”. A text box will appear requesting you to describe your technical assistance needs. If no technical assistance is needed, select “no” and no additional information is required.

SECTION 2: GRANT IMPLEMENTATION
Please report the total amount of O fficer Wellness and Mental Health Grant Program funds spent in the reporting year?
For this question, only report the amount of funds spent during the reporting period selected in Section 1.

Please report the total amount of Officer Wellness and Mental Hea lth Grant Program funds spent.

This question will only be asked in the second annual report. It should be the total amount of grant funds spent since the beginning of the grant (i.e., the total amount in the previous question for year 1 and year 2).
929

Page 3 ends

Please select the category or categories which best describe how the money was spent.

For this response, the categories include: Physical health, Mental and/or Emotional Health, or Other. More than one category may be selected. For each category selected you will be asked to provide a brief description of the activity(ies) or project(s) implemented.

Please report the number of officers who benefited from the use of these funds during the reporting year.

For this response, you should include the total number of officers who participated in an activity or program, had access to equipment, or directly benefited another way from the Officer Wellness and Mental Health grant funds.

This number should be an unduplicated count, in that if an officer attended three times, they are only reported once, not three times. If 45 officers attended peer support programs across the period of the grant, then report 45, not the number of support meetings they attended.

SECTION 3: PRE-OFFICER WELLNESS GRANT INFORMATION
This section requests information about any officer wellness programs that were implemented within the agency prior to receiving the Officer Wellness and Mental Health Grant funds. As such, this section will only appear in the Year 1 Annual Report.

Did your agency have an officer wellness program established prior to this funding? This question requires a yes/no response. If the response is “No”, no additional information is required for Section 2. If the response is “Yes”, you will be asked a few follow-up questions about the officer wellness program established prior to receiving these funds.

Please provide a brief synopsis of the program contents.

For this question, provide a brief description of components of officer wellness program that were established prior to receiving this funding. For example, a mental health professional was employed part-time by the agency to meet with officers.

In your previous officer wellness program, how has your agency measure d success or areas needing improvement?
Provide any measures that were used to evaluate the effectiveness of the previous officer wellness program. For example, increased positive community engagement, reduction in: work related injuries, sick days used, citizen complaints, days needed to recover from work related injuries, etc.).

Did your agency expand an existing officer wellness program with this funding? This question requires a yes/no response. If the response is “No”, no additional information is required for Section 2. If the response is “Yes”, you will be asked to describe the expansion.
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COMPLETING THE FINAL IMPACT REPORT
Each of the fields which comprise the Final Impact Report are described in detail below.

SECTION 1: GENERAL INFORMATION
Agency Information
In this section, complete each field to identify the law enforcement agency that was the recipient of the grant funds, the individual, and their contact information, who is submitting the report. The name and contact information of the individual who prepared and submitted the report must be included, as this will be the individual the BSCC will reach out to if there are any questions about the final impact report.

Program Focus
For the purposes of the impact report, BSCC divided Officer Wellness into the following three areas of Program Focus:
• Physical Health: fitness programs, purchase of exercise equipment, and nutrition programs
• E motional and/or Mental Health: peer support programs, a mental health counselor or psychologist, coping skills education, mindfulness training. • Oth er: financial literacy program, any other program which does not fall under physical health or emotional and/or mental health.

In this section, identify the area(s) of Program Focus in which the grant funds were applied. If funds were distributed across more than one area of Program Focus, select all that apply.

For each Program Focus area selected, three distinct types of information will be requested. These are:
• P rogram Description (Section 2)
• Wellness Measures (Section 3)
• Program Impact (Section 4)
You will need to complete Sections 2 – 4 for each Program Focus area identified in the item above. For example, if Physical Health and Other are selected as areas of Program Focus, the form will include fields to request information related to:
1) Program Description, Wellness Measures, and Program Impact for the “Physical Health” Program Focus area.
2) Program Description, Wellness Measures, and Program Impact for the “Other” Program Focus area.
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If only one Program Focus area is selected, Sections 2 – 4 will only appear once which corresponds to the Program Focus area selected.

SECTION 2: PROGRAM DESCRIPTION
The two questions under this section give you the opportunity to describe the program(s) implemented and corresponding goal(s) using the grant funds.

Provide a detailed description of how the grant program funds were used to improve officers’ [Physical Health; Mental and/or Emotional Health; Other].

When providing a description of the program(s) implemented, provide as much detail as possible including how it was designed to improve officer wellness, the duration of the program, and how it was implemented.

Identify at leas t one specific goal you planned to ach ieve with the use of the funds to improve officers’ [Physical Health; Mental and/or Emotional Health; Other].

Identify at least one goal for each program implemented. For example, if a peer support program was implemented, one goal could have been to reduce officer stress levels.

SECTION 3: WELLNESS MEASURES
The items in this section ask about how program effectiveness and impact were measured.

Selecting measures used to assess program effectiveness and impact This field provides a list of possible measures to assess the effectiveness and impact of the program(s). These are not required measures. Many of the measures listed are ones that are already collected by law enforcement agencies (e.g., sick days used, retention and recruiting rates). The measures selected should be ones that would be expected to change as a result of the wellness program and tie back to the goal(s) identified in the previous section. For example, if a peer support program was implemented, physical fitness measures, such as number of push-ups, would not be expected to change. However, it would be reasonable to expect that self-reported measures of stress would change after participating in the program. These measures are program/agency defined and measured.

Keep in mind, it is best practice to have multiple measures for each program; if you only select one, it may not be sensitive enough to detect the impact (e.g., if you implement a program to reduce stress, number of sick days used may not detect the effect, but self- reported levels of stress might, or vice versa). As such, agencies are encouraged to select and report more than one measure per program.

Indicating whether a pre -post assessment or control group was used to evaluate prog ram effectiveness and impact
When evaluating program effectiveness, there are two common approaches: pre-post assessments and control groups. A different approach can be used for each measure 932

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identified in the previous item. Identify which approach or approaches were used to evaluate possible differences in the measures. Below is a summary of the two approaches, including advantages and disadvantages of each.

Pre-post-assessment: measures are taken before the program starts and at least one more time either during the program or after program completion. The pre- and post- measures are compared.
• Example: A mindfulness training program was implemented to reduce anxiety in officers. Officers completed an anxiety assessment before the program started and again after completing the mindfulness training. If mindfulness was effective, anxiety levels should be lower after completing the training compared to before the training.
• Advantages
o Easy to implement, especially if using a measure that is already tracked, such as number of sick days used.
o Since it is the same individuals, there is no need to worry about differences in the measures due to individual variation (e.g., individuals who participate in the mindfulness program may have higher levels of anxiety than those who do not participate which is why they wanted to participate in the program).
• Disadvantages
o If measures are not collected or available before the program started, this approach cannot be used.
o Something unrelated to the program can happen after the training starts that can affect scores (e.g., an officer is shot on the job after the mindfulness program starts, it may lead to increased anxiety).

Control group: measures are taken at the end of the program for those who participated in the program, and those who did not enroll in the program. The two measures are compared.
• Example: a fitness program is implemented for some officers to increase strength. At the end of the fitness program, the number of sit-ups, push-ups, and pull-ups for each officer who participated is recorded. The number of sit-ups, push-ups, and pull-ups for officers who did not participate is recorded and compared to the numbers of those who did participate. If the fitness program was effective at increasing officers’ strength, those who participated should be able to do more sit-ups, push-ups, and pull-ups when compared to the officers who did not participate.
• Advantages
o Useful if unable or did not collect measures before program implementation
o Useful if the individuals in the two groups have similar characteristics 933

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o Do not have to worry about an outside event occurring during the program that could affect the outcome because all measures are taken at the end of the program.
• Disadvantage
o Any differences between groups could be due to individual variation in the two groups (e.g., the officers who participated in the fitness program were already stronger than the officers who did not participate).

If using a pre-post assessment, indicate the time periods/duration being compared.

When using a pre-post assessment, measures need to be obtained, at a minimum, before the program starts and at the conclusion of the program. However, additional measures may be made throughout the duration of the program. Additional measures during the program may help to separate effects of an unrelated event, should that occur, from the effects of the program.

If using a control group method, describe the relevant chara cteristics of the individuals in the control group and those participating in the program.

To minimize the effect that individual variation may have on your group that participates and those in the control group, it can be beneficial to ensure that those individuals in the control group have similar characteristics to those participating in the program. For example, if a fitness program is being offered and the participants are more likely to work out regularly before the program starts, it may be beneficial to seek out individuals who regularly work out in the control group. Age and gender may be other factors that you want to be similar in your control group.

Describe how the above selected measures were expected to change based on the project implemented and the goal(s).

For this section, include a description of the measure, if it is not something commonly understood (e.g., if officers are asked to complete a stress assessment before and after the program, explain what the scores mean, such as a higher score indicates higher levels of stress). Below is an example of what a response may look like in this section. “The funds were spent to develop an exercise program within the department. The goal of this program was to improve the strength and physical fitness of officers. By having officers participate in the 6-month exercise program, it is expected that officers will be stronger and more physically fit. It is expected that the number of sit-ups, push-ups, and pull-ups will be higher after completing the exercise program when compared to the number of sit-ups, push-ups, and pull-ups before the program was implemented. It is also expected that officers will be able to run a mile more quickly at the end of the program relative to before the program was implemented.” SECTION 4: PROGRAM IMPACT
This section focuses on demonstrating the effectiveness and impact of the Officer Wellness and Mental Health Grant funds.
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Report the total number of officers who benefited from the [Physical Health; Mental and/or Emotional Health; Other] program.

Report pre- and post- measures and/or treatment and control group measures.

For each of the measures selected above, report the pre- and post- measures or treatment group and control group measures in summary format. This could be:
• A total count, examples include
o The total number of new recruits in the year before and the year after the officer wellness program was implemented.
• A n average, examples include
o The average number of sick days used in the year before and the year after the officer wellness program was implemented.
o The average level of stress on a standardized stress assessment before the officer wellness program was implemented and again six months after the program was implemented.
• A difference, examples include
o The difference between the number of sit-ups, pull-ups and push-ups officers can do after implementing a physical fitness program relative to before it started.
• A rate/percentage
o The retention rate increased 50% after implementing the officer wellness program.
• Any other metric(s) that you measured to assess the impact of the Officer Wellness and Mental Health Grant funds.

Describe wh at you found (changes in measures), wheth er they demonstrate progress made towards goal(s).

Provide a written summary of what you reported in the previous item. Additionally, describe whether they demonstrate progress made towards the goal(s) identified. For example, if you found that the average stress level of officers was lower after a mindfulness training relative to before, you may conclude that the goal to reduce stress levels in officers was achieved by implementing the mindfulness program.

Provide possible explanations as to why progress was/was not made towards goal(s).

Based on the responses in the previous two questions, provide possible explanations for the finding(s). If progress was made toward achieving the goal(s), provide an explanation as to why (i.e., how did the Officer Wellness and Mental Health Grant funds lead to the finding(s)).
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If progress was not made toward achieving the goal(s), provide an explanation as to why the expected findings were not observed. Are there other factors that may have influenced the findings? For example, if the program was designed to reduce on-the-job stress levels, and there was an officer involved shooting shortly before stress levels were assessed the second time, it may affect the findings. Are there factors related to the evaluation of the program that may have impacted the findings, such as not enough time to fully assess the program impact or the measures selected may not have been sensitive enough to detect the change.

Describe any additional impacts b eyond the measures identified that were observed, either formally or informally, as a result of the use of these funds.

These can be both positive and negative impacts. It is important to note both positive and negative impacts so positive impacts can be enhanced, and negative impacts can be addressed/eliminated in future iterations of the program.

SECTION 5: OVERALL IMPLEMENTATION EXPERIENCE
In this section, describe your overall experience with implementing the Officer Wellness and Mental Health Grant program, regardless of the area(s) of Program Focus. Provide as much detail as possible. This information may be beneficial to other law enforcement agencies who are interested in implementing similar Officer Wellness programs.

Did your agency spend all of the Officer Wellness and Mental Health Grant funds? This question requires a yes/no response. If you respond “No”, you will be asked to describe the challenges encountered that prevented your agency from spending the funds.

Did you have enough funds to implement the program you wish you could have? This question requires a yes/no response. Regardless of response, please provide a brief explanation of your answer to the question.

Describe the challenges encountered while implementing the Officer Wellness and Mental Health Grant program, and how you overcame these challenges.

The response to this question should focus on the implementation challenges. Any challenges related to funding should be described in the previous two questions.

Provide any recommendations and lessons learned for other agencies who may consider implementing this type of program in the future.

Provide a detailed description of any recommendations and lessons learned through the implementation process of your officer wellness grant program, so that it can be shared with others who may implement similar programs. What do you wish someone had told you before you started this officer wellness program?
936

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Describe your plans to continue to optimize the physical, emotional, and ment al health of officers. Doe these plans include working with the California Commission on Peace Officers Standards and Training (POST)?
Provide a detailed description of how your agency plans to continue to ensure the physical, emotional, and mental health wellness of your officers.

SECTION 6: EXPENDITURE REPORT
As part of the Final Impact Report, agencies are required to submit an expenditure report detailing how the funding was used. An Expenditure Report Excel file will be provided to each agency which must be completed and attached to the Final Impact Report form. The form cannot be submitted without the Excel file attached. The Excel file contains several tabs; instructions for each of the tabs are provided below.

Each time the Excel file is opened, a prompt will appear asking for a password. The password is the grant agreement number (e.g., 990-19, include the -, do not include BSCC). The Expenditure Report has specific functions which require macros to be enabled. A macro is a series of commands, such as calculations, that are stored within the document for tasks performed repeatedly. In most cases, Excel will prompt the grantee to enable macros. When this prompt appears, select Enable Editing then Enable Content. Enabling macros for the Expenditure Report will not compromise the security of the local system nor the security of the agency's network.

Advance Payment
This first tab is a summary page which includes the agency name and address, contract number, and the amount of grant funds received. Review this information to ensure its accuracy. The funds will be distributed in one advance payment, so the Grant Award Balance should be $0.

Invoice 1
The Invoice 1 tab allows grantees to enter data into the green-shaded fields. Only complete the green fields. For all fields reporting a dollar amount, round to the nearest whole dollar; do not enter decimals.

While there is no requirement to submit the proposed budget to the BSCC, it is best practice to establish a budget for a project prior to implementation. As such, the Budget column should be completed prior to implementing the Officer Wellness and Mental Health Grant program. Include the dollar amount budgeted for each of the Line Items listed in the first column. If the Line Items are not relevant to your program, enter $0. As the dollar amounts are entered in the Budget column, a total should auto-calculate at the bottom of the budget row. The total amount budgeted should not exceed your grant award amount. Additionally, they should carry over to the Balance column, including the total.

At the conclusion of the project, the Expenditures for Reporting Period column should be completed. For each of the line items in the first column, report the actual amount 937

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spent in the Expenditures for Reporting Period column. These values will be subtracted from the Budget column and reflected in the Balance column. If all of the funds were used, the Total at the bottom of the Balance column should be zero, which will be reflected by a “-“ in that cell.

Beginning on line 33 is the Expenditure Description section. For each dollar amount entered as an expenditure, enter a brief but detailed description. Your expenditures should correlate to the activities described in the Final Impact Report. You may provide additional information in the Comments field, if needed.

Beginning on line 43, the individual who prepared the invoice should be listed. The Authorized Financial Officer cannot prepare invoices. The individual who prepares invoices will provide their contact information and the date the invoice was prepared under the PERSON PREPARING REPORT section. Then, forward the Expenditure Report to the Authorized Financial Officer for review and approval.

The Authorized Financial Officer is the Financial Officer listed in the Grant Agreement, STD 213 and/or Grantee Contact Information Sheet, Form 227. The Authorized Financial Officer cannot be the Project Director or the individual preparing the invoice.

The Authorized Financial Officer must review each line item expenditure and description. Then, approve the invoice by checking the certification box and providing their contact information and the date of approval.

Once the Expenditure Report has been approved by the Authorized Financial Officer, it should be attached to the Final Impact Report form and submitted with the completed form.

Do not use the SUBMIT button in the Expenditure Report to submit the invoice. 938

DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD

I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.

939
Officer Wellness & Mental Health Grant Recipients

Page 2 ends

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections

940

COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER 709,103.49$
ALAMEDA COUNTY ALAMEDA PD 47,741.62$
ALAMEDA COUNTY ALBANY PD 20,000.00$
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD 145,331.11$
ALAMEDA COUNTY BERKELEY PD 106,014.48$
ALAMEDA COUNTY EAST BAY REG PARK DPS 37,912.46$
ALAMEDA COUNTY EMERYVILLE PD 28,000.00$
ALAMEDA COUNTY FREMONT PD 117,949.89$
ALAMEDA COUNTY HAYWARD PD 113,737.39$
ALAMEDA COUNTY LIVERMORE PD 63,187.44$
ALAMEDA COUNTY NEWARK PD 34,402.05$
ALAMEDA COUNTY OAKLAND PD 483,032.87$
ALAMEDA COUNTY PIEDMONT PD 15,000.00$
ALAMEDA COUNTY PLEASANTON PD 54,762.45$
ALAMEDA COUNTY SAN LEANDRO PD 49,847.87$
ALAMEDA COUNTY UNION CITY PD 47,039.54$
ALPINE COUNTY ALPINE CO SO 15,000.00$
AMADOR COUNTY AMADOR CO SO/CORONER 32,997.89$
AMADOR COUNTY IONE PD 15,000.00$
AMADOR COUNTY JACKSON PD 15,000.00$
AMADOR COUNTY SUTTER CREEK PD 15,000.00$
BUTTE COUNTY BUTTE CO SO/CORONER 122,162.38$
BUTTE COUNTY CHICO PD 65,293.69$
BUTTE COUNTY GRIDLEY PD 15,000.00$
BUTTE COUNTY OROVILLE PD 15,000.00$
BUTTE COUNTY PARADISE PD 15,000.00$
CALAVERAS COUNTY ANGELS CAMP PD 15,000.00$
CALAVERAS COUNTY CALAVERAS CO SD 40,018.71$
COLUSA COUNTY COLUSA COUNTY SD 25,000.00$
COLUSA COUNTY COLUSA PD 15,000.00$
COLUSA COUNTY WILLIAMS PD 15,000.00$
CONTRA COSTA COUNTY ANTIOCH PD 77,229.09$
CONTRA COSTA COUNTY BRENTWOOD PD 46,337.46$
CONTRA COSTA COUNTY CLAYTON PD 15,000.00$
CONTRA COSTA COUNTY CONCORD PD 93,376.99$
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER 435,993.33$ CONTRA COSTA COUNTY EL CERRITO PD 25,000.00$
CONTRA COSTA COUNTY HERCULES PD 20,000.00$
CONTRA COSTA COUNTY KENSINGTON PD 15,000.00$
CONTRA COSTA COUNTY MARTINEZ PD 28,000.00$
CONTRA COSTA COUNTY MORAGA PD 15,000.00$
CONTRA COSTA COUNTY OAKLEY PD 28,000.00$
CONTRA COSTA COUNTY PINOLE PD 20,000.00$
CONTRA COSTA COUNTY PITTSBURG PD 62,485.36$
CONTRA COSTA COUNTY PLEASANT HILL PD 30,
891.64$
CONTRA COSTA COUNTY RICHMOND PD 83,547.84$
CONTRA COSTA COUNTY SAN PABLO PD 37,912.46$
CONTRA COSTA COUNTY SAN RAMON PD 46,337.46$
CONTRA COSTA COUNTY WALNUT CREEK PD 51,252.03$
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1941

COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD 15,000.00$
DEL NORTE COUNTY DEL NORTE COUNTY SO 15,000.00$
EL DORADO COUNTY EL DORADO CO SO 117,247.80$
EL DORADO COUNTY PLACERVILLE PD 15,000.00$
EL DORADO COUNTY SOUTH LAKE TAHOE PD 28,000.00$
FRESNO COUNTY CLOVIS PD 73,718.68$
FRESNO COUNTY COALINGA PD 15,000.00$
FRESNO COUNTY FIREBAUGH PD 15,000.00$
FRESNO COUNTY FOWLER PD 15,000.00$
FRESNO COUNTY FRESNO CO SO 288,555.97$
FRESNO COUNTY FRESNO PD 557,453.63$
FRESNO COUNTY HURON PD 15,000.00$
FRESNO COUNTY KERMAN PD 25,000.00$
FRESNO COUNTY KINGSBURG PD 20,000.00$
FRESNO COUNTY MENDOTA PD 15,000.00$
FRESNO COUNTY ORANGE COVE PD 15,000.00$
FRESNO COUNTY PARLIER PD 15,000.00$
FRESNO COUNTY REEDLEY PD 25,000.00$
FRESNO COUNTY SANGER PD 28,000.00$
FRESNO COUNTY SELMA PD 28,000.00$
GLENN COUNTY GLENN CO SO/CORONER 30,891.64$
GLENN COUNTY ORLAND PD 15,000.00$
HUMBOLDT COUNTY ARCATA PD 20,000.00$
HUMBOLDT COUNTY EUREKA PD 28,000.00$
HUMBOLDT COUNTY FERNDALE PD 15,000.00$
HUMBOLDT COUNTY FORTUNA PD 15,000.00$
HUMBOLDT COUNTY HUMBOLDT CO SO 128,481.13$
HUMBOLDT COUNTY RIO DELL PD 15,000.00$
IMPERIAL COUNTY BRAWLEY PD 20,000.00$
IMPERIAL COUNTY CALEXICO PD 20,000.00$
IMPERIAL COUNTY CALIPATRIA PD 15,000.00$
IMPERIAL COUNTY EL CENTRO PD 28,083.31$
IMPERIAL COUNTY IMPERIAL CO SO 63,187.44$
IMPERIAL COUNTY IMPERIAL PD 15,000.00$
IMPERIAL COUNTY WESTMORLAND PD 15,000.00$
INYO COUNTY BISHOP PD 15,000.00$
INYO COUNTY INYO COUNTY SO 28,000.00$
KERN COUNTY ARVIN PD 15,000.00$
KERN COUNTY BAKERSFIELD PD 305,405.96$
KERN COUNTY BEAR VALLEY PD 15,000.00$
KERN COUNTY CALIFORNIA CITY PD 15,000.00$
KERN COUNTY DELANO PD 33,699.97$
KERN COUNTY KERN COUNTY SO 501,989.10$
KERN COUNTY MCFARLAND PD 15,000.00$
KERN COUNTY RIDGECREST PD 25,000.00$
KERN COUNTY SHAFTER PD 25,000.00$
KERN COUNTY STALLION SPRINGS PD 15,000.00$
KERN COUNTY TAFT PD 15,000.00$
KERN COUNTY TEHACHAPI PD 15,000.00$
KINGS COUNTY AVENAL PD 15,000.00$
KINGS COUNTY CORCORAN PD 15,000.00$
KINGS COUNTY HANFORD PD 42,827.04$
December 12, 2022 2942

COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE 136,204.04$
KINGS COUNTY LEMOORE PD 28,000.00$
LAKE COUNTY CLEARLAKE PD 20,000.00$
LAKE COUNTY LAKE CO SO 64,591.60$
LAKE COUNTY LAKEPORT PD 15,000.00$
LASSEN COUNTY LASSEN CO SO 38,614.55$
LASSEN COUNTY SUSANVILLE PD 15,000.00$
LOS ANGELES COUNTY ALHAMBRA PD 56,868.70$
LOS ANGELES COUNTY ARCADIA PD 45,635.37$
LOS ANGELES COUNTY AZUSA PD 36,508.30$
LOS ANGELES COUNTY BALDWIN PARK PD 40,720.79$
LOS ANGELES COUNTY BELL GARDENS PD 32,295.80$
LOS ANGELES COUNTY BELL PD 25,000.00$
LOS ANGELES COUNTY BEVERLY HILLS PD 94,781.16$
LOS ANGELES COUNTY BURBANK PD 103,908.23$
LOS ANGELES COUNTY CLAREMONT PD 28,000.00$
LOS ANGELES COUNTY COVINA PD 40,720.79$
LOS ANGELES COUNTY CULVER CITY PD 70,910.35$
LOS ANGELES COUNTY DOWNEY PD 80,037.42$
LOS ANGELES COUNTY EL MONTE PD 75,824.93$
LOS ANGELES COUNTY EL SEGUNDO PD 37,912.46$
LOS ANGELES COUNTY GARDENA PD 60,379.11$
LOS ANGELES COUNTY GLENDALE PD 162,883.18$
LOS ANGELES COUNTY GLENDORA PD 34,402.05$
LOS ANGELES COUNTY HAWTHORNE PD 64,591.60$
LOS ANGELES COUNTY HERMOSA BEACH PD 28,000.00$
LOS ANGELES COUNTY HUNTINGTON PARK PD 37,210.38$
LOS ANGELES COUNTY INGLEWOOD PD 120,056.14$
LOS ANGELES COUNTY IRWINDALE PD 25,000.00$
LOS ANGELES COUNTY LA VERNE PD 28,000.00$
LOS ANGELES COUNTY LONG BEACH PD 520,243.25$
LOS ANGELES COUNTY LOS ANGELES CO SD 6,548,325.00$
LOS ANGELES COUNTY LOS ANGELES PD 6,499,179.21$
LOS ANGELES COUNTY MANHATTAN BEACH PD 40,720.79$
LOS ANGELES COUNTY MONROVIA PD 32,295.80$
LOS ANGELES COUNTY MONTEBELLO PD 47,741.62$
LOS ANGELES COUNTY MONTEREY PARK PD 49,847.87$
LOS ANGELES COUNTY PALOS VERDES ESTATES PD 15,000.00$
LOS ANGELES COUNTY PASADENA PD 152,351.94$
LOS ANGELES COUNTY POMONA PD 105,312.40$
LOS ANGELES COUNTY REDONDO BEACH PD 63,187.44$
LOS ANGELES COUNTY SAN FERNANDO PD 25,000.00$
LOS ANGELES COUNTY SAN GABRIEL PD 32,997.89$
LOS ANGELES COUNTY SAN MARINO PD 25,000.00$
LOS ANGELES COUNTY SANTA MONICA PD 141,118.62$
LOS ANGELES COUNTY SIERRA MADRE PD 15,000.00$
LOS ANGELES COUNTY SIGNAL HILL PD 28,000.00$
LOS ANGELES COUNTY SOUTH GATE PD 51,954.12$
LOS ANGELES COUNTY SOUTH PASADENA PD 28,000.00$
LOS ANGELES COUNTY TORRANCE PD 141,820.70$
LOS ANGELES COUNTY VERNON PD 30,189.55$
LOS ANGELES COUNTY WEST COVINA PD 65,293.69$
December 12, 2022 3943

COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD 87,058.25$
MADERA COUNTY CHOWCHILLA PD 20,000.00$
MADERA COUNTY MADERA CO SO 75,122.84$
MADERA COUNTY MADERA PD 40,720.79$
MARIN COUNTY BELVEDERE PD 15,000.00$
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY 28,000.00$
MARIN COUNTY FAIRFAX PD 15,000.00$
MARIN COUNTY MARIN CO SO 132,693.62$
MARIN COUNTY MILL VALLEY PD 20,000.00$
MARIN COUNTY NOVATO PD 39,316.63$
MARIN COUNTY ROSS PD 15,000.00$
MARIN COUNTY SAN RAFAEL PD 44,933.29$
MARIN COUNTY SAUSALITO PD 15,000.00$
MARIN COUNTY TIBURON PD 15,000.00$
MARIPOSA COUNTY MARIPOSA CO SO 44,231.21$
MENDOCINO COUNTY FORT BRAGG PD 15,000.00$
MENDOCINO COUNTY MENDOCINO CO SO 75,824.93$
MENDOCINO COUNTY UKIAH PD 20,000.00$
MENDOCINO COUNTY WILLITS PD 15,000.00$
MERCED COUNTY ATWATER PD 20,000.00$
MERCED COUNTY DOS PALOS PD 15,000.00$
MERCED COUNTY GUSTINE PD 15,000.00$
MERCED COUNTY LIVINGSTON PD 15,000.00$
MERCED COUNTY LOS BANOS PD 30,189.55$
MERCED COUNTY MERCED CO SO 84,249.92$
MERCED COUNTY MERCED PD 65,995.77$
MODOC COUNTY ALTURAS PD 15,000.00$
MODOC COUNTY MODOC CO SO 15,000.00$
MONO COUNTY MAMMOTH LAKES PD 15,000.00$
MONO COUNTY MONO CO SD 20,000.00$
MONTEREY COUNTY CARMEL PD 15,000.00$
MONTEREY COUNTY DEL REY OAKS PD 15,000.00$
MONTEREY COUNTY GONZALES PD 15,000.00$
MONTEREY COUNTY GREENFIELD PD 20,000.00$
MONTEREY COUNTY KING CITY PD 15,000.00$
MONTEREY COUNTY MARINA PD 25,000.00$
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE 196,583.15$ MONTEREY COUNTY MONTEREY PD 32,997.89$
MONTEREY COUNTY PACIFIC GROVE PD 20,000.00$
MONTEREY COUNTY SALINAS PD 96,887.41$
MONTEREY COUNTY SAND CITY PD 15,000.00$
MONTEREY COUNTY SEASIDE PD 25,000.00$
MONTEREY COUNTY SOLEDAD PD 15,000.00$
NAPA COUNTY CALISTOGA PD 15,000.00$
NAPA COUNTY NAPA CO SO 72,314.51$
NAPA COUNTY NAPA PD 44,933.29$
NAPA COUNTY SAINT HELENA PD 15,000.00$
NEVADA COUNTY GRASS VALLEY PD 25,000.00$
NEVADA COUNTY NEVADA CITY PD 15,000.00$
NEVADA COUNTY NEVADA CO SO 42,827.04$
NEVADA COUNTY TRUCKEE PD 20,000.00$
ORANGE COUNTY ANAHEIM PD 260,472.67$
December 12, 2022 4944

COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD 41,422.88$
ORANGE COUNTY BUENA PARK PD 58,272.86$
ORANGE COUNTY COSTA MESA PD 93,376.99$
ORANGE COUNTY CYPRESS PD 37,210.38$
ORANGE COUNTY FOUNTAIN VALLEY PD 42,827.04$
ORANGE COUNTY FULLERTON PD 79,335.34$
ORANGE COUNTY GARDEN GROVE PD 122,162.38$
ORANGE COUNTY HUNTINGTON BEACH PD 148,841.52$
ORANGE COUNTY IRVINE PD 160,776.93$
ORANGE COUNTY LA HABRA PD 50,549.95$
ORANGE COUNTY LA PALMA PD 20,000.00$
ORANGE COUNTY LAGUNA BEACH PD 34,402.05$
ORANGE COUNTY LOS ALAMITOS PD 15,000.00$
ORANGE COUNTY NEWPORT BEACH PD 94,079.08$
ORANGE COUNTY ORANGE CO SD/CORONER 1,285,513.36$
ORANGE COUNTY ORANGE PD 102,504.07$
ORANGE COUNTY PLACENTIA PD 32,295.80$
ORANGE COUNTY SANTA ANA PD 246,431.01$
ORANGE COUNTY SEAL BEACH PD 28,000.00$
ORANGE COUNTY TUSTIN PD 65,293.69$
ORANGE COUNTY WESTMINSTER PD 57,570.78$
PLACER COUNTY AUBURN PD 15,000.00$
PLACER COUNTY LINCOLN PD 25,000.00$
PLACER COUNTY PLACER COUNTY SO 176,222.75$
PLACER COUNTY ROCKLIN PD 41,422.88$
PLACER COUNTY ROSEVILLE PD 89,866.58$
PLUMAS COUNTY PLUMAS CO SO 25,000.00$
RIVERSIDE COUNTY BANNING PD 28,000.00$
RIVERSIDE COUNTY BEAUMONT PD 35,104.13$
RIVERSIDE COUNTY BLYTHE PD 20,000.00$
RIVERSIDE COUNTY CATHEDRAL CITY PD 34,402.05$
RIVERSIDE COUNTY CORONA PD 104,610.32$
RIVERSIDE COUNTY DESERT HOT SPRINGS PD 25,000.00$
RIVERSIDE COUNTY HEMET PD 48,443.70$
RIVERSIDE COUNTY INDIO PD 44,933.29$
RIVERSIDE COUNTY MENIFEE PD 53,358.28$
RIVERSIDE COUNTY MURRIETA PD 70,910.35$
RIVERSIDE COUNTY PALM SPRINGS PD 68,804.10$
RIVERSIDE COUNTY RIVERSIDE CO SD 1,951,087.72$
RIVERSIDE COUNTY RIVERSIDE PD 245,026.85$
SACRAMENTO COUNTY AMTRAK PD 25,000.00$
SACRAMENTO COUNTY CITRUS HEIGHTS PD 54,762.45$
SACRAMENTO COUNTY ELK GROVE PD 89,866.58$
SACRAMENTO COUNTY FOLSOM PD 51,252.03$
SACRAMENTO COUNTY GALT PD 28,000.00$
SACRAMENTO COUNTY SACRAMENTO CO SD 902,176.22$
SACRAMENTO COUNTY SACRAMENTO PD 480,926.62$
SAN BENITO COUNTY HOLLISTER PD 28,000.00$
SAN BENITO COUNTY SAN BENITO CO SO 37,912.46$
SAN BERNARDINO COUNTY BARSTOW PD 28,000.00$
SAN BERNARDINO COUNTY CHINO PD 77,931.18$
SAN BERNARDINO COUNTY COLTON PD 37,210.38$
December 12, 2022 5945

COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD 136,204.04$
SAN BERNARDINO COUNTY MONTCLAIR PD 32,295.80$
SAN BERNARDINO COUNTY ONTARIO PD 193,072.73$
SAN BERNARDINO COUNTY REDLANDS PD 55,464.53$
SAN BERNARDINO COUNTY RIALTO PD 78,633.26$
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD 1,347,296.63$ SAN BERNARDINO COUNTY SAN BERNARDINO PD 172,010.25$
SAN BERNARDINO COUNTY UPLAND PD 45,635.37$
SAN DIEGO COUNTY CARLSBAD PD 84,952.00$
SAN DIEGO COUNTY CHULA VISTA PD 163,585.26$
SAN DIEGO COUNTY CORONADO PD 30,891.64$
SAN DIEGO COUNTY EL CAJON PD 82,845.75$
SAN DIEGO COUNTY ESCONDIDO PD 94,781.16$
SAN DIEGO COUNTY LA MESA PD 42,124.96$
SAN DIEGO COUNTY NATIONAL CITY PD 58,272.86$
SAN DIEGO COUNTY OCEANSIDE PD 142,522.78$
SAN DIEGO COUNTY SAN DIEGO CO SD 1,809,969.10$
SAN DIEGO COUNTY SAN DIEGO PD 1,263,046.71$
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO 536,391.15$
SAN FRANCISCO COUNTY SAN FRANCISCO PD 1,407,675.74$
SAN JOAQUIN COUNTY ESCALON PD 15,000.00$
SAN JOAQUIN COUNTY LODI PD 47,741.62$
SAN JOAQUIN COUNTY MANTECA PD 51,252.03$
SAN JOAQUIN COUNTY RIPON PD 20,000.00$
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO 223,262.29$
SAN JOAQUIN COUNTY STOCKTON PD 275,918.49$
SAN JOAQUIN COUNTY TRACY PD 73,718.68$
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD 20,000.00$
SAN LUIS OBISPO COUNTY ATASCADERO PD 25,000.00$
SAN LUIS OBISPO COUNTY GROVER BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY MORRO BAY PD 15,000.00$
SAN LUIS OBISPO COUNTY PASO ROBLES PD 28,000.00$
SAN LUIS OBISPO COUNTY PISMO BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO 216,943.54$ SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD 42,124.96$
SAN MATEO COUNTY ATHERTON PD 20,000.00$
SAN MATEO COUNTY BELMONT PD 25,000.00$
SAN MATEO COUNTY BRISBANE PD 15,000.00$
SAN MATEO COUNTY BROADMOOR PD 15,000.00$
SAN MATEO COUNTY BURLINGAME PD 28,000.00$
SAN MATEO COUNTY COLMA PD 15,000.00$
SAN MATEO COUNTY DALY CITY PD 63,889.52$
SAN MATEO COUNTY EAST PALO ALTO PD 25,000.00$
SAN MATEO COUNTY FOSTER CITY PD 28,000.00$
SAN MATEO COUNTY HILLSBOROUGH PD 25,000.00$
SAN MATEO COUNTY MENLO PARK PD 28,785.39$
SAN MATEO COUNTY PACIFICA PD 25,000.00$
SAN MATEO COUNTY REDWOOD CITY PD 56,166.61$
SAN MATEO COUNTY SAN BRUNO PD 31,593.72$
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE 202,199.81$ SAN MATEO COUNTY SAN MATEO PD 75,122.84$
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD 53,358.28$
December 12, 2022 6946

COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD 15,000.00$
SANTA BARBARA COUNTY LOMPOC PD 28,785.39$
SANTA BARBARA COUNTY SANTA BARBARA CO SO 348,233.00$
SANTA BARBARA COUNTY SANTA BARBARA PD 82,143.67$
SANTA BARBARA COUNTY SANTA MARIA PD 83,547.84$
SANTA CLARA COUNTY CAMPBELL PD 30,189.55$
SANTA CLARA COUNTY GILROY PD 43,529.13$
SANTA CLARA COUNTY LOS ALTOS PD 28,000.00$
SANTA CLARA COUNTY LOS GATOS PD 28,000.00$
SANTA CLARA COUNTY MILPITAS PD 60,379.11$
SANTA CLARA COUNTY MORGAN HILL PD 28,000.00$
SANTA CLARA COUNTY MOUNTAIN VIEW PD 57,570.78$
SANTA CLARA COUNTY PALO ALTO PD 47,741.62$
SANTA CLARA COUNTY SAN JOSE PD 758,951.36$
SANTA CLARA COUNTY SANTA CLARA CO SO 841,095.03$
SANTA CLARA COUNTY SANTA CLARA PD 98,291.57$
SANTA CLARA COUNTY SUNNYVALE DPS 139,012.37$
SANTA CRUZ COUNTY CAPITOLA PD 20,000.00$
SANTA CRUZ COUNTY SANTA CRUZ CO SO 101,801.99$
SANTA CRUZ COUNTY SANTA CRUZ PD 50,549.95$
SANTA CRUZ COUNTY SCOTTS VALLEY PD 15,000.00$
SANTA CRUZ COUNTY WATSONVILLE PD 47,039.54$
SHASTA COUNTY ANDERSON PD 15,000.00$
SHASTA COUNTY REDDING PD 72,314.51$
SHASTA COUNTY SHASTA CO SO 82,845.75$
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE 15,000.00$
SISKIYOU COUNTY ETNA PD 15,000.00$
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD 15,000.00$
SISKIYOU COUNTY MOUNT SHASTA PD 15,000.00$
SISKIYOU COUNTY SISKIYOU CO SD 45,635.37$
SISKIYOU COUNTY TULELAKE PD 15,000.00$
SISKIYOU COUNTY WEED PD 15,000.00$
SISKIYOU COUNTY YREKA PD 15,000.00$
SOLANO COUNTY BENICIA PD 28,000.00$
SOLANO COUNTY DIXON PD 20,000.00$
SOLANO COUNTY FAIRFIELD PD 82,143.67$
SOLANO COUNTY SOLANO CO SO 120,056.14$
SOLANO COUNTY SUISUN CITY PD 20,000.00$
SOLANO COUNTY VACAVILLE PD 70,208.27$
SOLANO COUNTY VALLEJO PD 61,783.27$
SONOMA COUNTY CLOVERDALE PD 15,000.00$
SONOMA COUNTY COTATI PD 15,000.00$
SONOMA COUNTY HEALDSBURG PD 15,000.00$
SONOMA COUNTY PETALUMA PD 46,337.46$
SONOMA COUNTY ROHNERT PARK DPS 51,252.03$
SONOMA COUNTY SANTA ROSA PD 117,247.80$
SONOMA COUNTY SEBASTOPOL PD 15,000.00$
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE 287,151.81$
STANISLAUS COUNTY CERES DPS 32,997.89$
STANISLAUS COUNTY MODESTO PD 127,779.04$
STANISLAUS COUNTY NEWMAN PD 15,000.00$
STANISLAUS COUNTY OAKDALE PD 20,000.00$
December 12, 2022 7947

COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD 369,997.56$
STANISLAUS COUNTY TURLOCK PD 57,570.78$
SUTTER COUNTY SUTTER CO SO 70,910.35$
SUTTER COUNTY YUBA CITY PD 41,422.88$
TEHEMA COUNTY CORNING PD 15,000.00$
TEHEMA COUNTY RED BLUFF PD 20,000.00$
TEHEMA COUNTY TEHAMA CO SO 47,039.54$
TRINITY COUNTY TRINITY COUNTY SO 28,000.00$
TULARE COUNTY DINUBA PD 28,000.00$
TULARE COUNTY EXETER PD 15,000.00$
TULARE COUNTY FARMERSVILLE PD 15,000.00$
TULARE COUNTY LINDSAY DPS 15,000.00$
TULARE COUNTY PORTERVILLE PD 46,337.46$
TULARE COUNTY TULARE CO SO 358,062.16$
TULARE COUNTY TULARE PD 46,337.46$
TULARE COUNTY VISALIA PD 102,504.07$
TULARE COUNTY WOODLAKE PD 15,000.00$
TUOLUMNE COUNTY SONORA PD 15,000.00$
TUOLUMNE COUNTY TUOLUMNE CO SO 65,293.69$
VENTURA COUNTY OXNARD PD 152,351.94$
VENTURA COUNTY PORT HUENEME PD 20,000.00$
VENTURA COUNTY SANTA PAULA PD 25,000.00$
VENTURA COUNTY SIMI VALLEY PD 77,229.09$
VENTURA COUNTY VENTURA CO SO 503,393.27$
VENTURA COUNTY VENTURA PD 95,483.24$
YOLO COUNTY DAVIS PD 39,316.63$
YOLO COUNTY WEST SACRAMENTO PD 47,741.62$
YOLO COUNTY WINTERS PD 15,000.00$
YOLO COUNTY WOODLAND PD 47,039.54$
YOLO COUNTY YOLO CO SHERIFF'S OFFICE 54,060.37$
YUBA COUNTY MARYSVILLE PD 15,000.00$
YUBA COUNTY WHEATLAND PD 15,000.00$
YUBA COUNTY YUBA CO SD 73,016.60$
December 12, 2022 8948

Page 1 of 2 ends

April 18, 2023

Public Works

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

Daniel Chavarria, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent
Subject:

Purchase of Four Police Motorcycles
FINANCIAL IMPACT: The funds are available in the Public Works Fleet Maintenance Capital Improvement Projects Fiscal Year
2022-2023 budget (50336031-400705-03B04).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval for the purchase of four replacement
motorcycles to be used by the Police Department.

RECOMMENDED ACTION:

APPROVE the purchase of four 2023 BMW R 1250 RT
motorcycles from Long Beach BMW, in an aggregate
amount not to exceed $160,000, including a contingency
of $10,158.44 – Public Works (Daniel Chavarria 510-620- 5478 / Dee Karnes 510-231-3044).

DISCUSSION:

The Fleet Maintenance division must replace four 2015 model year BMW motorcycles that have each met and exceeded their useful lifecycle of seven years. Three of the four motorcycles have been wrecked and are non-operable.

The new motorcycles will meet updated air emission standards and will be used by the Police Department’s Traffic division. The decision to replace a vehicle, including a motorcycle, is based on lifecycle and includes the age, mileage, and repair costs over AGENDA
REPORT
949

Page 2 of 2 ends

April 18, 2023
the life of the vehicle. The vehicle is then rated on a point system that is generated through an equipment replacement report. The highest number for each of these three factors is five for a total of 15 points.

Once a vehicle gets to a total of ten or higher points, it should be added to the replacement list. Fleet Maintenance does not currently maintain or service the BMW motorcycles; therefore, a mileage report is not available in our fleet software.

There are no BMW motorcycle dealerships in the City of Richmond. The Finance department has approved this purchase in compliance with the Richmond Municipal Code, Section 2.52.320 Piggyback procurement. This allows for a “piggyback” purchase using another agency’s purchase contract if it is in the best interest of the City.

Based on the Los Angeles County Sheriff’s purchase order 22009476-1, Public Works staff is recommending the purchase of four (4) BMW motorcycles from Long Beach BMW Motorcycles in the amount of $149,841.56. A contingency of $10,158.44 has been added to the quoted price, for an aggregate purchase of $160,000, to allow for any change orders and/or price changes at the time of delivery.

DOCUMENTS ATTACHED:

Attachment 1 – Quote 1001
Attachment 2 – Los Angeles County Sheriff Purchase Order 22009476-1 950
ATTACHMENT 1
951
ATTACHMENT 2
952
953
954
955
956
957
958
959
960
961
962

Page 1 of 2 ends

April 18, 2023

Public Works

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

Daniel Chavarria, PE, Director of Public Works
Dee Karnes, Fleet Maintenance Superintendent
Subject:

Purchase of One Crosswind Street Sweeper
FINANCIAL IMPACT: The funds are available in the Public Works Fleet Maintenance Capital Improvement Projects Fiscal Year
2022-2023 budget (50336031-400705-03C04)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Department of Public Works is requesting City
Council approval for the purchase of one replacement
street sweeper to be used by the Street Sweeping
division.

RECOMMENDED ACTION:

APPROVE the purchase of a new Elgin Crosswind 1
Regenerative Air Street Sweeper from Owen Equipment
in an amount not to exceed $430,000, including a
contingency of $38,708.32 – Public Works (Daniel
Chavarria 510-620-5478 / Dee Karnes 510-231-3044).

DISCUSSION:

The Fleet Maintenance division must replace a 2017 model-year street sweeper that has met and exceeded its useful lifecycle of five years. The decision to replace a vehicle or equipment based on lifecycle includes the age, mileage, and repair costs over the life of the unit. The unit is then rated on a point system that is generated through an equipment replacement report. The highest number for each of these three factors is AGENDA
REPORT
963

Page 2 of 2 ends

April 18, 2023
five for a total of 15 points. Once the unit gets a rating of ten or higher, it should be added to the replacement list.

The new street sweeper will meet updated air emission standards and will be used by the Street Sweeping division of Public Works.

The finance department has approved this purchase to be in compliance with the Richmond Municipal Code Section 2.52.320. Piggyback procurement allows for a “piggyback” purchase using another agency’s purchase contract if it is in the best interest of the City of Richmond.

Based on the Sourcewell Contract 093021-ELG pricing, Public Works staff is recommending the purchase of the Elgin street sweeper in the amount of $391,291.68 from Owen Equipment as the authorized dealership for Elgin. There are no manufacturers of Elgin street sweepers in the City of Richmond. A contingency of $38,708.32 has been added to the quoted price, for an aggregate purchase of $430,000, to allow for any change orders and/or price changes at the time of delivery.

DOCUMENTS ATTACHED:

Attachment 1 – Quote 2022-49146
Attachment 2 – Sourcewell Contract 093021-ELG
Attachment 3 – Equipment Mileage Report
964
ATTACHMENT 1
965
966
967
968
969
093021-ELG

Rev. 3/2021 1

Solicitation Number: RFP #093021

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

ATTACHMENT 2
970
093021-ELG

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

971
093021-ELG

Rev. 3/2021 3

returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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093021-ELG

Rev. 3/2021 4

x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

973
093021-ELG

Rev. 3/2021 5

contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

974
093021-ELG

Rev. 3/2021 6

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 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 subrecipient must 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 or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Elgin Sweeper Company

By: __________________________ By: __________________________ Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Ti tle: Business Development Manager

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 093021 Vendor Name: Elgin Sweeper Co.

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EQUIPMENT METER REPORT

GROUPED BY COMPANY AND DEPARTMENT
PAGE: 1
DATE: 03/16/2023 11:123104.rpt
City of Richmond Equipment Services
The totals for each group and for the report are the sum of the YTD meter readings.

COMPANY: 001 - Richmond Active Fleet
DEPARTMENT: 01234331 - GF- PWSD/STRT SWPNG/PVMNT MAIN(S-DIV)

FISCAL YTD

READING
LTD

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CURRENT

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MTR

TYPELICENSECLASSDEPTMODELMAKEYEAREQUIPMENT
31789 317896140 2017 PETERBUILT 220 RHS 01234331 SS 1498951 M Y 31789 01234331 TOTALS: HOURS: 0 MILES: 31,789 KILOMETERS: 0 TONS: 0 VOLTAGE: 0 VOLTAGE: 0TONS: 0KILOMETERS: 0MILES: 31,789HOURS: 0COMPANY TOTALS:

ATTACHMENT 3
1001

EQUIPMENT METER REPORT

GROUPED BY COMPANY AND DEPARTMENT
PAGE: 2
DATE: 03/16/2023 11:123104.rpt
City of Richmond Equipment Services
The totals for each group and for the report are the sum of the YTD meter readings.

VOLTAGE: 0TONS: 0KILOMETERS: 0 MILES: 31,789 HOURS: 0 REPORT TOTALS:

REPORT PARAMETERS:

GROUP: COMPANY AND DEPARTMENT
EQUIPMENT NUMBER RANGE: 6140 to 6140
MODEL YEAR RANGE: ALL YEARS
ECO COMPANY RANGE: ALL COMPANIES
DPN DEPARTMENT RANGE: ALL DEPARTMENTS
EQC EQUIPMENT CLASS RANGE: ALL CLASSES
SHP EQUIPMENT SHOP RANGE: ALL SHOPS
STE EQUIPMENT SITE RANGE: ALL SITES
MAK EQUIPMENT MAKE RANGE: ALL MAKES
MOD EQUIPMENT MODEL RANGE: ALL MODELS
EBC EQUIPMENT BILLING CODE RANGE: ALL BILLING CODES
EMG EQUIPMENT MONITOR GROUP RANGE: ALL MONITOR GROUPS
STA EQUIPMENT STATUS RANGE: ALL STATUSES
EUC EQUIPMENT USE CODE: ALL EQUIPMENT REGARDLESS OF USE CODE v09012009
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Richmond City CouncilApril 18, 2023

Richmond City Council
April 18, 2023