Richmond City Council
May 16, 2023

Vendor Name Notified Prospective Bidder Downloaded Files Analytica Consulting X
Andax Tech X
Anjanette Scott X
Anyka Barber X
Aon Consulting, Inc. X
Aon Fire Protection Engineering X
Apex Testing Laboratories, Inc. X
Applied Development Economics X
Applied Development Economics, Inc. X
Applied Materials & Engineering, Inc. X
Applied Research Associates, Inc. X
Appraccel X
Art Builds Community X
Arup North America, Limited X
Asentex, Inc X
Aspen Environmental Group X
Association for Energy Affordability, Inc X
Atlas Planning Solutions X
Atomic Dumpling X
Attic Consulting X
Avila Project Management X
Avocette Technologies Inc. X
Axon Services, Incorporated X
B2K Social Ventures LLC X
BAE Urban Economics, Inc X
BDO PHA Finance X
BHI Management Consulting X
BKF Engineers X
BLD Consulting X
BLX Group LLC X
BOLDplanning, Inc X
Backstrom McCarley Berry & Co., LLC X
Baker Tilly Virchow Krause, LLP X
Baniqued Commercial Real Estate X
Bank of America X
Bank of San Francisco X
Bank of the West X
Bantam Strategy Group X
Bartel Associates , LLC X
Bartlett Actuarial Group, Ltd. X
Bay Area Community Services X
Bayen Group X
Bays Investment, Inc. X
Bear, Stearns & Co. Inc. X
Beautiful Redeemer Ministries X
Berkeley Strategy Advisors X
Berkson Associates X
Better Tax Returns X
BetterSector LLC X
Beyond Consulting X
Bickmore and Associates, Inc. X
Big-D Pacific Builders X
BioMaAS, Inc. X
Biological Monitoring & Assessment Speci X
Birdi And Associates,Inc X

Vendor Name Notified Prospective Bidder Downloaded Files Blais & Associates LLC X
Blankinship & Associates, Inc. X
Blessed Enterprises LLC X
Blue Line K9 LLC X
Blue Ocean Civil Consulting X
Bluecrane, Inc. X
Bohannon Eberts Design X
Bond Services X
Booth & Associates International X
Borrelli And Associates, Inc. X
Bourntec solutions Inc X
Brenda D. Davis X
Bright Futures Growth and Development Center X
Bright Research Group X
Bright Street, Inc X
BroadSpec, Inc. X
Bronner Group, LLC X
Brown Armstrong Accountancy Corporation X
Brown Smith Wallace LLC X
Brown and Caldwell Environmental Consultants X
Browne, Bortz and Coddington, Inc X
Builders Exchange of Santa Clara X
Bureau Veritas X
Burgeon IT Services LLC X
Business Advantage Consulting X
CBIZ Valuation Group X
CDM Smith X
CGI Federal Inc. X
CGR Management Consultants LLC X
CH2M HILL Engineers X

CJIS GROUP X

CJIS GROUP, LLC X
CLR Executive Consulting X
CMH Inspection Services X
CMS Consulting X
COGENT Infotech Corporation X
COR X
CPM Logistics. LLC X
CSG Advisors X
CTN X
CVR Associates, Inc. X
Cafiero Maritime Services X
CalRecovery, Inc. X
California Consulting, LLC X
California Creative Solutions, Inc. X
California Engineering Company, Inc X
California Reentry Institute X
Cambridge Systematics X
Cameron-Cole X
Canon Business Solutions X
Capitol Digital X
Caporicci & Larson, Inc. X
Carpi Clay & Smith X
Center for Nonprofit Management X
Center for Sustainable Energy X

Vendor Name Notified Prospective Bidder Downloaded Files Chabin Concepts, Inc. X
Charles Carpenter X
Chavan & Associates LLP X
Christy White Associates X
Circlepoint X
Circular Arc Inc. X
Circular Arc Inc. X
Citigroup Global Markets Inc. X
City 2 City X
City Management Advisors X
City of Richmond X
City of Richmond Contract Compliance X
City of Riverside X
Citygate Associates, LLC X
CivForge, Inc. X
Civicus Group, LLC X
ClarusTec, Inc. X
ClearSource Financial Consulting X
CliftonLarsonAllen X
Climatec LLC X
Clutch X
Coach to Discover, Inc. X
Coastal Training Technologies X
CohnReznick, LLC X
CollComm X
Collection Bureau Incorporated X
Collection Bureau of America X
Collection Bureau of America Ltd. X
Comerica X
Commonwealth Publications X
Communication Strategies X
Communications Advantage, Inc. X
Community and Housing Initiatives Corporation X
Compensation Resources, inc. X
Complete Access Solutions, LLC X
Comprehensive Real Estate Servicves X
Conekt2, Inc. X
Connexus Hub X
Consolidated CM X
Construction Representative Services X
Constructive Forensics X
Contra Costa Electric, Inc X
Controlled Contamination Services, LLC X
Cooke & Associates, Inc. X
Cornerstone Facilities Consulting X
Cornerstone Transportation Consulting X
Corporate Project Management Inc. X
Council of Industries X
Covenant Technology Solutions, Inc. X
Craig S. Meltzner & Associates X
Crowe LLP X
Cultiver Group Inc. X
Cushman & Wakefield Western, Inc. X
D. A. DAVIDSON & CO X
D.R. Elrod and Associates X

Vendor Name Notified Prospective Bidder Downloaded Files

DAVID WELLHOUSE & ASSOCIATES INC X X
DCG Real Estate & Consulting X
DIG Cooperative Inc X
DJT Consulting Group X
DTJ Consulting LLC X
Dahl, Taylor & Associates, Inc. X
Dalberg X
Datalink X
Davey Resource Group, Inc. X
David J. Powers & Associates, Inc. X
David Taussig & Associates X
Davis Chapel X
Davis Farr LLP X
Davis Langdon X
Davis, Hibbitts, & Midghall, Inc X
Deborah Haley EA X
Del Rio Advisors, LLC X
Delta Development Group, Inc. X
Deltek X X X
Denise G X
Derderian & Co. CPA's X
Development Specialists, Inc. X
Dewberry X
DiMare, Van Vleck & Brown, LLC X
Diamond Web Services X
Dignity Best Practices X
Donna Graves, Arts & Cultural Planning X
Donnoe & Associates, INc. X
Douglas Herring & Associates X
Du-All Safety, LLC X
Dudek X
Dunnigan Psychological & Threat Assessments, LLC X
E & S Bryan, Inc. X
E.K. Associates X
EB Jacobs, LLC X
ECORP Consulting, Inc. X
EDR Group X
EG Services X
EI Technologies, LLC X
EMC Research, Inc X

EMR CPR X
ERM X
ETC Richmond, Inc. X
ETIC X
Economic & Planning System, Inc. (EPS) X
Educational Options X
Eide Bailly LLP X
Eleanor Boswell-Raine, Consultant X
Elevate BDG X
Elevate Enterprises Group X
Elite Capital Services, LLC X
Elite Transportation Group, Inc. X
Elliot Gittleman X
Empathy in Action X
Employers Choice Online inc. X

Vendor Name Notified Prospective Bidder Downloaded Files EnTox & Associates X
Engineering Solutions Services, Inc. X
Envicom Corporation X
Environmental Hazards Detection, LLC X
Environmental Network Corp X
Environmental Safety Training Profes Ltd X
Environmental Systems Research Institute, Inc X
Eric S. Zell X
Esgil Corporation X
Essel Technology Services, Inc X
Etairos Corp. X
Evantec X
Evergreen Solutions LLC X
Evidentia Consulting X
Execution Over Theory X
Executive Enterprises Inc X
FAAZ Consulting LLC X
FARMCreative X

FCS GROUP X
FE Controls X
FORMA Design, Inc. X
Fall Creek Engineering, Inc X
Fallon & Larsen LLP X
Farallon Consulting, L.L.C. X
Federal Advocates, Inc. X
Federal Engineering, Inc. X
Field Automated Communication Systems, LLC X
Fieldman, Rolapp & Associates X
Fire & Police Selection, Inc. X
First Data Merchant Services LLC X
FirstIdea, Inc. X
Fischer Compliance, LLC X
Fitch & Associates LLC X
Fitzgerald Advisory Services, Inc. X
Florida Real-Time Reporting Services Inc. X
Focus Point Emergency Management Consulting Ser. X
Focus Strategies X
Forensic Analytical Consulting Services, Inc. X
Forward Associates, Ltd. X
Foundation Consultants X
Foundation for Learning in Science and H X
Frayji Design Group X
Frederick Andrews X
Frequentis X
Fugro Consultants, Inc. X
FullCircle Consulting X
Further The Work, LLC X
Fusion Integrated Solutions LLC X
GB & Associates X
GCAP Services, Inc. X
GHD X

GLOBALRFPHUB X
GPS Creative X
GRAY MATTERS Intl, LLC X
GRC Associates, Inc. X

Vendor Name Notified Prospective Bidder Downloaded Files GTSI Corp X
Ganddini Group, Inc. X
Gemini Computers, Inc. X
Gensler X
GeoEngineers, Inc. X
Geographic Technologies Group, Inc. X
George & Bell Consulting X
Geosyntec Consultants X
Gi Capital Group X
Gila LLC X
Gilbane X
Gladstein, Neandross & Associates X
Global Intergration X
Global Learning Partners Inc. X
Global Reach Strategies X
Gomez Research Inc. DBA "Public Values Research" X
Goodwin Consulting Group, Inc. X
GovHR USA X
GovInvest X
GovInvest Inc. X
GovRates, Inc. X
Graceland College Center for Learning X
Grant Management Associates X
Great Pacific Securities X
Green Ideals X
Green Valley Consulting Engineers X
Gruen Gruen + Associates X
Guida Surveying Inc X
Guidehouse X
Guillermo F Luzardo, LLC X
Gutierrez/Associates Architects X
HCA Asset Management X

HEALTH ADVOCATES X
HF&H Consultants, LLC X
HP Sears Account Recovery Specialists X
HR&A Advisors X
HUB International Canada West ULC X
Habitat Engineering & Forensics X
Habitat for Humanity East Bay/Silicon Valley X
Hagen Streiff Newton & Oshiro X
Hagerty Consulting, Inc. X
Haley & Aldrich, Inc. X
Harrison Engineering Inc. X
Harshwal & Company, LLP X
Harvey Rose Associates X
Hatchuel Tabernik & Associates X
Hazard Management Services, Inc. X
Health Management Associates, INc. X X X
Health Resources in Action X
Healthcare Data Management, Inc. X
Henderson & DeJohn, LLC X
Higgins Capital Management, Inc. X
High-Tech Electric X
Hinderliter, de Llamas and Associates X
Hinrichs, Proudfoot and Skov Inc X

Vendor Name Notified Prospective Bidder Downloaded Files Holly Tree Publications, LLC X
Holman Capital Corporation X
HomeBase X
Horatius Group LLC X
House of Loving Hands X
Housing Authority Services X
Hughes Associates, Inc. X
Human Capital Development USA X
Hunt Ortmann X
Hyper-Botz LLC X
IBI Group X
IBM Corporation X
ICF International X
ICF Jones & Stokes, Inc. X
ILLINGWORTH & RODKIN, INC. X
ISL Engineering X
IT Compliance Consulting, Inc. X
IT Global Solutions, Inc. X
Impact Justice X
Improvement Technologies X
Improvyze LLC X
Independent Intervention Corp X
Industrial/Organizational Solutions, Inc. X
Info-Tech Research Group Inc. X
Infra Associates X
Innovest Portfolio Solutions X
Innovex Environmental Management, Inc. X
Insight X
Inspection Services, Inc. X
Interwest Consulting Group X
Interwest Consulting Group X
Intratek Computer, Inc. X
Iron Mountain Incorporated X
Ivy League Consulting LLC X
J.D. Hatchell Enterprises, Inc. X
JK Seva, Inc X

JL GROUP, LLC X
JMC X
JMC Consulting X
JOA Group X
JPMorgan Chase & Company X
JUI Consulting X
Jabez Enterprise Group (JEGroup) X
Jack Clancy Associates X
Jacks Consulting X
Jacob Green and Associates Inc X
Jason Armstrong X
Jayne Williams X
Jefferson Solutions, Inc. X
Jim Freeman Consulting X
Joan Murcia X
Joe HUNT X
John M Watkins X
Johnson Marigot Consulting X
Jones Lang LaSalle Americas, Inc. X

Vendor Name Notified Prospective Bidder Downloaded Files Just Cities Institute X
KDI Consultants, Inc. X

KDJA SERVICES LLC X
KELLCO Services X
KNN Public Finance, LLC X

KPMG LLP X

KSENG INC X
Karla Pineda X
Karste Consulting Inc. X
Katz & Associates X
Kazarians & Associates, Inc. X
Kearns & West X
Kelstin Group, Inc. X
Kennedy/Jenks Consultants, Inc. X
Kevin W. Harper CPA & Associates X
Keyser Marston Associates, Inc. X
Kforce Inc. X
Kizmo Incorporated X
Kleinfelder X
Koppel & Gruber Public Finance X
Kosmont Companies X
Krupka Consulting X
LA Consulting X
LAK Associates, LLC X
LIN Consulting, Inc. X
LMI Northern California X

LORETTA ROUSHION X
LRS...Architecture X
LSA Associates X
LTD Global, LLC X
LVX Global Inc. X
LaVerne Braxton, CPA X
Lagoon Conservation, LLC X
Lance, Soll & Lunghard, LLP X
Latressa Wilson Alford, JD X
Laura Cole-Rowe X
Laura Peth X
Lauterbach & Amen, LLP X
Law Enforcement Accreditation Consultants, Inc X
Law office of ayana k. Young X
LeSar Development Consultants X
Lechowicz & Tseng Municipal Consultants X
Legacies Leadership Group X
Leptien, Cronin, Cooper, Morris & Poore X
Library Associates, Inc. X
Linea Solutions X
Lisa's Word Processing and Consulting Services X
List Engineering X
Livery Management Consultants X
Living Benefits Inc. X
Lobbyit.com LLC X
Local Initiatives Support Corporation X
Lumenos LLC X
Luna Group X
M Chenault Management Consulting X

Vendor Name Notified Prospective Bidder Downloaded Files M.Cubed X
MAXIMUS Consulting Services, Inc. X

MAXIMUS, INC X
MA’AT Enterprises, Inc X
MCG & Associates X
MECA Consulting Inc. X
MGT of America, LLC X X
MKD Consulting Group X

MM FITNESS LLC X
MNS Engineers, Inc. X
MSL & Company X
MSW Consultants X
Macias Consulting Group X
Macias Gini & O'Connell LLP X
Macks Craic, Inc. X
Madison Consulting Group X
Magdave Associates, Inc. X
Main Hire Staffing & Outsourcing X
Maintenance Design Group, LLC X
Management Action Programs, Inc. X
Management Applictions, Inc. X
Management Partners, Inc X
Management Planning Inc. X
Manley Solutions, INC X
ManleyPro LLC X
Mann, Urrutia, Nelson CPAs & Associates X
Margen + Associates X
Mariana Moore Consulting X
Mariotto Resolutions X
Marsh Minick X
Mashariki Kurudisha X
Mason Tillman Associates, Ltd. X
MatriScope Engineering Laboratories, Inc X
Matrix Consulting Group X
Maze & Associates X
McBee Strategic Consulting, LLC X
MedTrust, LLC X
Menlo Technologies X
Mercer Canada Ltd. X
Mercury LLC X
Messner & Hadley, LLP X
Metro Power Engineers, Inc. X
Metrovation Brokerage, Inc X
Metta International Incorporated X
Michael R. McCoy X
Milestone Consulting X
Millennium Franchise Group, LLC X
Milliman, Inc. X
Milliman, Inc. X
Mission Critical Partners X
Mitchell Productions X
Mogavero Arcitects X
Moore Twining Associates X
Moreland Investigations X
Morgan Stanley X

Vendor Name Notified Prospective Bidder Downloaded Files Morris & McDaniel, Inc. X
Mosaic Associates LLC X
Moss Adams LLP X
Mpact Strategic Consulting LLC X
MuniServices, LLC X
Municipal Auditing Services LLC X
Municipal Resource Group LLC X
Municipal Resource Group, LLC X
Mutual Securities, Inc. X
N/a X
NBS Government Finance Group X
NCCI X
NCE X

NDICA X
NFP Retirement, Inc. X
NHA Advisors, LLC X

NORTH-RICA RISK X
NPLI Management Solutions X
NPR Consulting X
NV5 X
National Analytical labs, Inc. X
National Community Renaissance X
National Council of Crime and Delinquenc X
Nelkie LLC X
New Horizons Learning Group X
New House Credit Repair LLC X
NewFields Companies LLC X
Next Generation Technology Inc. X
Ninyo & Moore X
Norcott Consulting X
North Bay Associates X
North Star Alliances X
NovaRest, Inc. X
Novin Development Corp. X
NuEnerGen, LLC X
OMNI Consulting Solutions X
OakBrook LLC X X X
Occu-Med X
Octagon Consulting, LLC X
Odenberg, Ullakko, Muranishi & Co. LLP X
Omkar Solutions Inc. X
OneWorld Communications X
Onisko & Scholz, LLP X
Onvia X
Opal Quality Systems Management X
Oppenheimer & Co. Inc. X
Oxypower Inc. X

PARK CONSULTING X
PCB Consultants X
PFM Financial Advisors LLC X
PJ Thomas X
PMA Consultants LLC X
PMWeb, Inc. X
PVMA X
Pacific Training and Resources X

Vendor Name Notified Prospective Bidder Downloaded Files Page Southerland Page Inc. X
Pakpour Consulting Group X
Palermo / Imaging X
Paragon Partners Ltd. X
Park Engineering, Inc. X
Parsons Constructors, Inc. X
Patel & Associates, LLP X
Patel & Harshwal LLP X
Pathways Consultants X
Patrick Casey X
Patriot Environmental Laboratory Services, Inc. X
Peak Allied Solutions, Inc. X
Pennino Management Group X
Periscope Holdings, Inc. X
Philip Sparks Consulting Services X
Pinnacle Actuarial Resources, Inc. X
Pinnacle Training Systems X
Place Dynamics LLC X
PlaceWorks X
PlaceWorks X
Plan Sponsor Solutions X
PlanB Consultancy, Inc. X
Platinum Investing & Realty X
Ponder Business Services llc X
Prairieform X
Premier Staffing Source, Inc. X
Pro Forma Advisors X
Professional Security Consultants, Inc. X
Professional Telecommunications Services X
Project Control Companies, Inc. X
Projections Consulting, Inc. X
Provost & Pritchard X
Public Resources Advisory Group X
Public Safety Corporation X
Public Safety Innivation X
Public Safety Innovation X
Public Sector Personnel Consultants X
Public Works Consulting Engineers, Inc. X
Public Works LLC X
Pun & McGeady LLP X
Purcell, Rhoades & Associates, Inc. X
Quality Code Publishing X
Quorum Technologies, Inc. X
R Mo LLC X
R.J. Ricciardi, Inc. Certified Public Accountants X
R3 Consulting Group, Inc. X
RADgov, Inc. X
RBA Creative X
REJ Electric Company X
RGM and Associates X

RHA HOUSING CORPORATION X
RJM Design Group, Inc. X
RSG, Inc. X
Raftelis Financial Consultants, Inc. X
Ralph Andersen & Associates X

Vendor Name Notified Prospective Bidder Downloaded Files Raney Planning & Management X
Raymond James & Associates, Inc. X
Rebecca L. Halkias X
Records Consultants, Inc. X
Red Beach Advisors X
Red Brick Consulting, Inc. X
Regional Government Services Authority X
Reliable Supply, Inc. X X
Resource Development Associates X
Retirement Plan Advisors X
Rice Financial Products Company X
Rich City Rides Coop X
Richard T. Bennett & Co., Inc X
Richmond Community Foundation X
Richmond Main Street Initiative X
Richmond Purchasing X
RightSource Services X
Rincon Consultants, Inc X
Risk and Regulatory Consulting, LLC. X
Riviera, Inc. X
Robert D. Niehaus, Inc. X
Rodrick I Satre X
Roger Haas Consulting X
Rosen Goldberg Der & Lewitz, Inc. X
Ross Construction Services X
Roux Associates, Inc. X
Russ Branson Consulting X
Ryan LLC X
S&P Global X
SAKK X
SAP Public Services, Inc. X
SBrand Solutions X
SCI Consulting Group X
SCI Consulting Group X

SEEDS CRC X
SERVITEK SOLUTIONS, INC. X
SGN & Associates X
SHEC inc X
STONEFIELD JOSEPHSON, INC. X
STV, Inc. X
Saad & Shaw - Comprehensive Fund Dev Svc X
Safe Moves X
SafeCon Consulting Group Inc. X
Safety Training Specialists, Inc. X
SageView Advisory Group X
Salvador Godinez Jr X
San Francisco State University X
Sandra Taylor X
Santa Fe Land Planning, Inc. X
Schedule Management Corporation X
Science Applications International Corp. X
Science Applications International Corp. X
Sea Engineering, Inc. X
Segal Consulting X
Seifel Consulting Inc. X

Vendor Name Notified Prospective Bidder Downloaded Files Sentry Control Systems, Inc. X
Shade & Putnam Technology Solutions X
Shaffer Psychological Institute X
Shannon & Wilson, Inc. X
Sharrah Dunlap Sawyer, Inc. X
Shazam X
Shwiff, Levy & Polo, LLP X
Siebert Williams Shank & Co., LLC X
Silverman & Light, Inc X
Simpson & Simpson X
Sjoberg Evashenk Consulting, Inc. X
Slalom X
Smart, Inc. X
Smartlinx Solutions X
Smith Office Solutions, Inc. X
Social Contract, LLC X
Soft HQ X
Sotomayor & Associates, LLP X
Sparling Inc X
Springsted Human Capital Advisors Incorporated X
Sprinkles Properties LLC X
Squar Milner LLP X
Staffactory LLC. X
Stanforth X
Stantec Consulting Services Inc. X
Stearns, Conrad & Schmidt, Consulting Engineers, Inc. X Steer Davis & Gleave Inc X
Stephanie Katsouleas X
Stetson Engineers Inc. X
Steven Siemers Dispute Resolution X
Stevenson, Porto & Pierce, Inc. X
Strategic Advisory Group X
Strategic Economics X
Strategic Government Resources X
Strategic Management Associates X
Strategic Partners I X
Stratus Environmental, Inc. X
Sunbay LLC X
Sunny City Enterprises, Inc. X
Superior Lock & Safe X
Susan G Mayer X
Swap Financial Group X
Sydney Metrick, PhD X
Synapse Energy Economics, Inc. X
Syntropy Trust X
Systel Incorporated of Delaware X
Systems and Space X

T J K M X
T Jung Investigations X
TCS Risk Management Services, LLC X
TIP Strategies X
TJC and Associates, Inc. X
TJD Consulting X
TOCONIS PERSONNEL SERVICES, INC. X
TPG Consulting, Inc. X

Vendor Name Notified Prospective Bidder Downloaded Files TRB and Associates X
TRC Engineers X
TRC Engineers, Inc. X
TRC Solutions X
TWK Web and Print Design X
Tactical K9 X
Tamalpais Advisors, Inc. X
Task At Hand Consulting LLC X
TemPositions X
TerraVerde Energy LLC X
Tetra Tech X
Tetra Tech, Inc. X
The Artisan Hub X
The Bank of New York Mellon Trust Company, N.A X
The Bishop Concept X
The Byers Group X
The Byline Group X
The Cadmus Group, Inc. X
The Columbus Organization X
The Consulting Team X
The Ferguson Group LLC X
The Glen Price Group X
The Henne Group X
The Illusion Factory X
The Kap Agency X
The Office of Tom Ford X
The Pun Group, LLP X
The ReCredit Company, LLC X
The VOS Group, llc X
Tidwell & Associates, Inc. X
Tierra Resource Consultants X
Tierra West Advisors, Inc. X
Toole Design Group, LLC X
Top Dog Police K9 Training and Consulting X
Townsend Management, Inc. X
Traffic Patterns X
Trails for Richmond Action Committee X
Transcend Engagement LLC X
Transwestern X
Triple HS, Inc. X
True Synergy, Inc. X
Tunabear Consulting Service X
Tveter Insurance Services X
Twining, Inc. X
U.S. Bancorp Government Leasing and Finance, Inc. X
U.S. Bank X
UBS FInancial Services Inc X
UBS Institutional Services X
UFI X
URS Corporation X
US Tech Solutions, Inc X

USEPA X
UWin Use What's Inside Now X
UltraSystems Environmental (DBE | WBE | SBE) X
United CORE Alliance X

Vendor Name Notified Prospective Bidder Downloaded Files Universal Safety and CPR Solutions X
Unlimited Educational Solutions X
Utility Systems Science & Software, Inc. X
V1H Consulting X
VRPA Technologies, Inc. X
Value-Centered Solutions X
ValueCAD X
Vanir CM X
Vantage Point Consulting X
VastEdge Inc X
Veneklasen Associates, Inc. X
Vested Solutions X
VetHut Consulting LLC X
Virtunet Systems X
VoIPTREX X
W. Solutions, Inc. X
W2 Design X
WHA | Architects . Planners . Designers X
WRA Environmental Consultants X
WRA, Inc. X
Wakely Consulting Group, Inc. X
Wangerin Environmental X
Ward & Associates X
Water Rock Construction X
Water Systems Optimization, Inc. X
Webb Municipal Finance, LLC X
Wedbush Morgan Securities X
Wells Fargo Institutional Securities, LL X
West Pac Sports Systems X
Western Economic Services, LLC X
Western Integrated Systems X X X
Weston Solutions, Inc. X
White Nelson Diehl Evans LLP X
Willdan Engineering X
Willdan Financial Services X
Williams Wallace Management Consulting Services X
Williams, Adley & Company, LLP X
Wilson Perkins Allen Opinion Research X
Winbourne Consulting, LLC X
Wits Solutions Inc. X
Wood Environment & Infrastructure Solutions, Inc. X
Wood Rodgers, Inc. X
World Financial Group X
WorleyParsons X
WorleyParsons Group Inc. X
XG Communities LLC X
YES CONSTRUCTION GROUP INC. X
Yang Management, Inc. X
ZMassociates Environmental Corp. X
Zander Associates X
Zeiger Engineers, Inc. X
Zilo International Group X
Zolon Tech, Inc. X
ackland international, inc. X
ayer Consultants, Inc X

Vendor Name Notified Prospective Bidder Downloaded Files blueCONSULTING, INC. X
bvnvbnvbn X X
david paul rosen & associates X
kn inc X X
lloyd Kraal X
metropolitan research and economics X
plaza and associates X
reEarth Consulting X
sevenoutsource X X X
shums coda associates, inc X
smith and lehmann consulting X
sweetser and assoc inc X
tammy edmonds DESIGN, INC. X
the lew edwards group X
vTech Solution Inc. X
TOTALS 886 10 9

4/25/2023
Attachment 4 – Rating Matrix
Consulting Firm For Collection of State Mandated Claims

REQUEST FOR PROPOSAL RATING MATRIX
Rater 1 Rater 2 Rater 3 TOTAL
David Wellhouse & Ass 100 100 55 255
MGT of America, LLC 85 45 88 218
463

May 16, 2023
Human Resources
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sharrone Taylor, Interim Director of Human Resources
Subject: Resolution Amending Staffing (Position Control) FINANCIAL IMPACT: There is a fiscal impact for the reallocation of the Planner I/II to the Housing Services Supervisor
($17,345/annually).

There is no fiscal impact for the remaining actions. These positions are either funded with an existing grant or
already funded in the budget.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to amend
staffing (position control).

RECOMMENDED ACTION: ADOPT a resolution amending staffing (position control) to correct job titles, add a grant-funded position, and reallocate an existing position; and APPROPRIATE the
associated wages, salaries, and benefits as required –
Human Resources (Nickie Mastay/Sharrone Taylor 510-
620-6602).

AGENDA
REPORT
464

May 16, 2023
DISCUSSION:

City Council approval is required to amend the City's authorized staffing (position control). Therefore, Human Resources is requesting the following amendments to position control:
 Add one (1) Project Coordinator (grant-funded), add one (1) Housing Services Supervisor, and delete one (1) Planner II to the Community Development Department's authorized staffing (position control)
 Add one (1) Police Administrative Manager and delete one (1) Civilian Administrative Manager to the Police Department's authorized staffing (position control)
Community Development – Project Coordinator and Housing Services Supervisor
Project Coordinator
In 2022, the City of Richmond was awarded a $35 million Transformative Climate Communities implementation grant to enable the City to implement neighborhood-level projects that address environmental justice concerns. Oversight of the grant will involve community engagement, partner coordination and management, grant reporting, project implementation, monitoring the progress and project timeline, evaluating project performance, and ensuring stakeholders are informed throughout the project life cycle.

The incumbent will oversee and manage the disbursement of the grant monies and oversight of the grant as described above. This position is grant-funded and will be required to serve in this role for the duration of the grant.

Housing Services Supervisor
As part of the Homelessness Strategic Plan (HSP), a near-term recommendation is for the City to have a dedicated position focused on unhoused services and HSP implementation and reporting. The City Council has provided policy direction that they desire to see an expansion of services to address homelessness City-wide. The classification of Housing Services Supervisor will focus on managing unhoused services providers, producing reports on expenditures and program outcomes, seeking expansion of services through grant writing, developing enhanced data collection and reporting procedures to track outcomes, and developing and expanding partnerships around addressing homelessness. The addition of a Housing Services Supervisor will allow the Housing Manager to focus on other housing-related work, including overseeing regulatory agreements and creating new affordable housing opportunities in the City.

Police Department- Police Administrative Manager
The Police Department seeks to appoint a Police Administrative Manager which will be assigned to the Administrative Bureau. The incumbent will manage the contract 465

May 16, 2023
process, serve as the department's Human Resources liaison, and supervise civilian/non-sworn employees within the Police Department. This position will allow for the long-term stability of these duties and allow the sworn lieutenant assigned to the Administrative Bureau to focus primarily on recruiting, hiring, training, and policy review/updates.

During the preparation of the Fiscal Year 2022-2023 budget, a placeholder for the Civilian Administrative Manager was added. However, the job title should be Police Administrative Manager instead. Therefore, Human Resources is requesting that the job title be corrected to the title of Police Administrative Manager.

Human Resources is seeking City Council approval to add one (1) grant-funded Project Coordinator Position, and reallocate one (1) Planner II position in the Housing Division to a Housing Services Supervisor within the Community Development Department's position control.

FISCAL IMPACT:

There is a fiscal impact for the reallocation of the Planner I/II to the Housing Services Supervisor. We are requesting appropriation of the funds for all associated wages, salaries, and benefits.

The annual salary and fiscal impact figures reflected below are estimates based on the current salary range and benefits costs projections. The annual salary and benefits impacts reflected below are a combination of base salary and projected benefits costs.

Below is a table that delineates the salary and benefits cost difference between Planner I/II and Housing Services Supervisor:

Planner I/II and Housing Services Supervisor Salary Comparison Current Salary Annual Fiscal Impact for Planner II $156,924 Proposed Salary Annual Fiscal Impact for Housing
Services Supervisor $174,269
Annual Salary Fiscal Impact $17,345
*Cost is based on Step 3 and estimated benefits cost of 80% There is no fiscal impact for the remaining actions. The positions are either funded with an existing grant or already funded in the budget. The positions are budgeted for the Fiscal Year 2022-2023 and will be budgeted in subsequent budgets, accordingly.

NEXT STEPS:

City staff recommend the amendment of position control for the Community Development and Police Departments. Accordingly, the attached resolution will adjust position control in the following manner:
466

May 16, 2023
Position Control
Action Classification Department Unit
ADD Housing Services
Supervisor
Community
Development –
Housing Division
IFPTE Local 21 – MidManagement Unit
DELETE Planner I/II
Community
Development –
Housing Division
SEIU Local 1021 – General
Employee Unit
ADD Project Coordinator
(Grant Funded)
Community
Development
IFPTE Local 21 – MidManagement Unit
CORRECT Police Administrative
Manager Police IFPTE Local 21 – MidManagement Unit
DELETE Civilian Administrative
Manager Police IFPTE Local 21 – MidManagement Unit
DOCUMENTS ATTACHED:

Attachment 1 – Resolution Amending Position Control
467
RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.

NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective May 16, 2023, the City’s position control is hereby revised to add the following positions:

Classification Unit
Housing Services Manager Community Development IFPTE Local 21 – Mid Management Unit
Project Coordinator Community Development IFPTE Local 21 – Mid Management Unit
Police Administrative Manager Police IFPTE Local 21 – Mid Management Unit
BE IT FURTHER RESOLVED, that, effective May 16, 2023, the City’s position control is hereby revised to delete the following positions:

Classification Unit
Planner I/II Community Development SEIU 1021 – General
Employees Unit
Civilian Administrative
Manager
Police IFPTE Local 21 – Mid
Management Unit
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held____________________________by the following vote:
468
AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
469

May 16, 2023
Library and Community Services
Employment & Training
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager
Tamara Walker, Deputy Director of Community Services,
Employment & Training
Fred Lucero, Program Manager, RichmondBUILD
Subject: $500,000 grant from the United States Environmental Protection Agency for RichmondBUILD
FINANCIAL IMPACT: There is no impact on the City’s general fund. All expenditures will be funded entirely from the $500,000
grant awarded by the EPA to the Employment & Training
Division of the Community Services Department.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Employment and Training Department seeks
authority to accept and appropriate a $500,000 grant
from the Environmental Protection Agency to provide
opportunities for unemployed Richmond residents
through certification classes at RichmondBUILD.

RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE $500,000 in federal funds awarded to Employment &
Training from the Environmental Protection Agency to
provide opportunities for unemployed Richmond
residents through certification classes at
RichmondBUILD – Community Services Department,
Employment and Training (Tamara Walker 510-307-
8006/Fred Lucero 510-621-1562).

AGENDA
REPORT
470

May 16, 2023
DISCUSSION:

In December 2022, the Employment and Training Division of the Community Services Department was awarded additional grant funds in the amount of $500,000 from the United States Environmental Protection Agency (“EPA”). The EPA grant was awarded to the City of Richmond to provide opportunities for unemployed Richmond residents through certification classes at RichmondBUILD. The certification classes will include HAZ Whopper 40, OSHA 10 and OSHA 30, First Aide/CPR, Asbestos, Lead Abatement, Traffic Control, and Confided Spaces. The grant will also fund certifications in EV Charging Installation, Solar Installation, and Building Performance. Key partners in this grant program include Universal Safety & CPR, Net Electric, the Association for Energy Affordability, and RichmondWORKS.

Grant funds will be used to serve the re-entry population, women in non-traditional roles, and community members who lost their jobs through no fault of their own or who may be seeking a career change. This EPA grant was highly competitive and is funded by the Biden Administration’s 2021 Bipartisan Infrastructure Law. Employment & Training’s RichmondBUILD project was one of only twenty-five grant recipients across the country to receive the award.

This grant was awarded after the City adopted the FY 2022-23 budget; therefore, a resolution amending the budget is necessary for Employment and Training to accept and appropriate these funds.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution to Amend Employment & Training Budget, Fiscal Year 2022- 2023
Attachment 2 - Notice of Grant Award, The Environmental Protection Agency, EPA 471
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO

ACCEPT A NEW FEDERAL GRANT AWARD FROM THE ENVIRONMENTAL

PROTECTION AGENCY AND TO ADJUST APPROPRIATIONS AND
EXPENDITURES IN THE FISCAL YEAR 2022-2023 EMPLOYMENT AND TRAINING DEPARTMENT BUDGET.

WHEREAS, subsequent to the adoption of the City of Richmond fiscal year 2022-2023 operating budget, the Employment and Training Division of the Library and Community Services Department was awarded a grant in the amount of $500,000 from the United States Environmental Protection Agency; and
WHEREAS, $500,000 in additional grant funding will be used to provide Richmond residents who are participating in the RichmondBUILD Academy program with occupational skills training and pre-apprenticeship construction skills training; and WHEREAS, this new grant will significantly expand access to training and job placement opportunities for Richmond residents.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that it accepts the $500,000 grant from the United States Environmental Protection Agency and that it approves an amendment to the fiscal year 2022-2023 budget for the Employment and Training Division of the Library and Community Services Department budget, appropriating the $500,000 in grant funds by adding to $500,000 in authorized revenue and adding $500,000 in authorized expenditures.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
472
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
473
4J - 98T52801 - 0 Page 1
RECIPIENT TYPE: Send Payment Request to:

Municipal Contact EPA RTPFC at: [email protected]
RECIPIENT: PAYEE:

GRANT NUMBER (FAIN): 98T52801
4J
PAYMENT METHOD:

ASAP

DATE OF AWARD

MAILING DATE
ACH#
04/13/2023
90251
U.S. ENVIRONMENTAL

PROTECTION AGENCY
Cooperative Agreement
MODIFICATION NUMBER:

PROGRAM CODE: 04/10/2023

TYPE OF ACTION
New
0 EIN:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
94-6000403
450 Civic Center Plaza
City of Richmond
Richmond, CA 94804

PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Fred Lucero
450 Civic Center Plaza
Richmond, CA 94804
Email: [email protected]
Phone: 510-621-1562
Nova Blazej
75 Hawthorne Street, LND-2-1
San Francisco, CA 94105
Email: [email protected]
Phone: 415-972-3846
Lamont Nowlin
Grants Branch, MSD-6
75 Hawthorne Street
San Francisco, CA 94105
Email: [email protected]
Phone: 415-972-3205
See Attachment 1 for project description.

BIL - Environmental Workforce Development and Job Training

PROJECT TITLE AND DESCRIPTION
$500,000.00

BUDGET PERIOD TOTAL PROJECT PERIOD COST
05/01/2023 - 04/30/2028 05/01/2023 - 04/30/2028 $500,000.00

PROJECT PERIOD TOTAL BUDGET PERIOD COST

NOTICE OF AWARD
Based on your Application dated 08/01/2022 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $500,000.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $500,000.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.

U.S. EPA, Region 9 , U.S. EPA, Region 9 Grants Branch, MSD-6 San Francisco, CA 94105
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY

ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)

ORGANIZATION / ADDRESS
75 Hawthorne Street

AWARD APPROVAL OFFICE

ORGANIZATION / ADDRESS
04/10/2023
Carolyn Truong DATE
U.S. EPA, Region 9, Land, Chemicals and Redevelopment
R9 - Region 9
Digital signature applied by EPA Award Official
474
4J - 98T52801 - 0 Page 2
EPA Funding Information

FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $0 $500,000 $500,000
EPA In-Kind Amount $0 $0 $0
Unexpended Prior Year Balance $0 $0 $0
Other Federal Funds $0 $0 $0
Recipient Contribution $0 $0 $0
State Contribution $0 $0 $0
Local Contribution $0 $0 $0
Other Contribution $0 $0 $0
Allowable Project Cost $0 $500,000 $500,000

66.815 - Brownfields Job Training Cooperative CERCLA: Secs. 104(k)(7) & 104(k)(5)(E) Agreements
Assistance Program (CFDA) Statutory Authority Regulatory Authority 2 CFR 200, 2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.

Code
Budget
Oganization
PRC Object
Class
Site/Project Cost
Organization
Obligation /
Deobligation
- 2309QE0031 22 E4SD 0900BG7 000D79X89 4115 - - $500,000 $500,000
475
4J - 98T52801 - 0 Page 3
Total Approved Allowable
Budget Period Cost
Budget Summary Page
$120,000
$500,000
$500,000
$500,000
$43,200
$0
$0
$6,000
$150,000
Table A - Object Class Category
(Non-Construction)
$0
$180,000
$800
$500,000
$500,000
$0

1. Personnel

2. Fringe Benefits

3. Travel

4. Equipment

5. Supplies

6. Contractual

7. Construction

11. Total (Share: Recipient ______ % Federal ______ %)

8. Other

9. Total Direct Charges

12. Total Approved Assistance Amount

13. Program Income

14. Total EPA Amount Awarded This Action

15. Total EPA Amount Awarded To Date

10. Indirect Costs: 0.00 % Base

0.00 100.00
476
4J - 98T52801 - 0 Page 4
Attachment 1 - Project Description
This assistance agreement provides full federal funding in the amount of $500,000. This project provides funding under the Infrastructure Investment and Jobs Act (IIJA) (PL 117-58) for RichmondBUILD Brownfields Job Training Partnership (RBBJTP) to recruit, train, and place unemployed and underemployed residents of Richmond, California in environmental careers with skills needed to safely conduct remediation work at solid and hazardous wastecontaminated sites, as well as appropriate training in green remediation technologies, storm water management, emergency planning and chemical safety.

The project will operate eight training cycles of 352 hours in length during Years One through Four of the grant period, with 15-20 participants in each cycle. Two cohorts will complete a training cycle in each of these years during which they will gain helpful skills and certifications. Participants will also participate in 12 months of job placement activities, follow-up services, refresher training, and program evaluation following their completion of the training cycle. This project will train graduates to earn skills and certifications necessary to enter into environmental careers. Activities to be performed under this project are HAZWOPER training and certification, training in innovative and alternative technologies, OSCA certification (refinery safety), OSHA 10, and Confined Space certification. This project will provide training to Richmond, California and the surrounding communities. The anticipated deliverables for are:

Up to 113 of individuals recruited, trained, certified, and placed in environmental careers in communities impacted by solid and hazardous waste sites and facilities.

Multitude of hours spent withing classroom style trainings, practical trainings, and curricula modules.

Multiple (5+) of appropriate certifications in environmental sampling and site cleanup methods.

Up to 113 of individuals that receive certifications in OSHA 29 CFR 1910.120 40-hour HAZWOPER training.

Expected outcomes from this project include:
-Help residents of communities take advantage of jobs created by the assessment and cleanup of brownfields and the assessment, cleanup, and management of solid and hazardous waste sites and facilities while addressing environmental justice concerns. -Participants will be able to earn certifications in environmental sampling and site cleanup:

HAZWOPER certification, OSCA certification (refinery safety), OSHA 10, and Confined Space certification.
-Certification in Occupational Health and Safety (OSHA) 29 CFR 1910.120 40-hour Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) training for all participants.
477
4J - 98T52801 - 0 Page 5
-Provide training that leads to sustainable employment in the environmental field. -Improve community involvement and stimulate the development of constructive partnerships.
-Reduce exposures to hazardous substances and other contaminants and improve the health of workers, occupants, and residents.
-Foster self-sufficiency and enhance the skills and availability of labor for environmental remediation in environmental justice and other communities impacted by environmental contamination.
-Enable residents to participate in the promotion of environmental health and occupational safety, both on the job and in their communities. No subawards are included in this assistance agreement.
478
4J - 98T52801 - 0 Page 6
Administrative Conditions
General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2022-or-later.

These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.

The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-termsand-conditions#general.

A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to June 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The annual FFR will be submitted electronically to [email protected] no later than September 30 of the same calendar year. Find additional information at https://www.epa.gov/financial/grants. (NOTE:

The grantee must submit the Final FFR to [email protected] within 120 days after the end of the project period.) B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance with 2 CFR Part 200.324, the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications.

C. Indirect Costs
The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement.

Programmatic Conditions
See attachment labeled "4J-98T52801-0 City of Richmond Programmatic Terms & Conditions" for Programmatic Terms and Conditions.
***END OF ASSISTANCE AGREEMENT***
479

May 16, 2023
Library and Community Services
Employment and Training
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment and Training Division
Subject: Contract with the Youth Finance Institute of America to Provide Workforce Training and Work Experience
Opportunities
FINANCIAL IMPACT: The contract ($53,353) will be funded entirely by the California for All Youth grant from California Volunteers - Office of the Governor. There will be no fiscal impact
upon the City’s General Fund (12572641-400538-27A01)

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Employment and Training Division is seeking a
contract with Youth Finance Institute of America to
provide workforce training and employment opportunities for 10 youth for conducting peer financial workshops,
career path content creation, social media content
creation (career pathways), and lead youth roundtable
career pathway discussions. The contract will be funded entirely by the California for All Youth grant from
California Volunteers - Office of the Governor.

AGENDA
REPORT
480

May 16, 2023
RECOMMENDED ACTION: APPROVE a contract with the Youth Finance Institute of America to provide workforce training and employment
services to youth funded under the California for All
Youth grant, for a total amount not to exceed $53,353,
and a term from May 17, 2023, through September 1,
2024 – Community Services Department (LaShonda
White 510-620-6828/Tamara Walker 510-307-8006).

DISCUSSION:

The City of Richmond’s Employment and Training Division (E&T) was awarded $2,972,695 from California Volunteers, Office of the Governor. These funds were allocated to provide Richmond youth and young adults, ages 16 – 30, with transitional employment, academic development, occupational skills training, career pathways, and on-the-job training opportunities in high-wage, high-growth industries (Attachment 1).

On December 12, 2022, E&T released a Request for Proposal (RFP) to communitybased organizations to support the delivery services under the California for All Youth grant (Attachment 2). E&T received two applications – one from Richmond Police Activities League (brought before City Council in April 2023) and another from Youth Finance Institute of America. E&T reviewed and scored the proposals and decided to work with both organizations to help implement this grant (Attachment 3).

Therefore, E&T is seeking to partner with Youth Finance Institute of America to provide workforce training and employment opportunities for youth through the Youth Finance Institute of America Internship Program. The partnership will provide financial literacy, public speaking, facilitation training, job preparedness training, workplace skills training, IT Training, and community service opportunities that will allow program participants to gain work experience important to enhancing their qualifications and advantages toward their ultimate career success. Each participant will be allowed to work a maximum of 500 hours at $20/hr. E&T will be responsible for payroll functions.

By approving this contract, the City of Richmond will help in growing its own talent pool to fill open vacancies, assist individuals as they continue to recover from the impacts of COVID-19, and support youth in gaining new skills (Attachment 4).

DOCUMENTS ATTACHED:

Attachment 1 – California for All Youth Grant
Attachment 2 – California for All Youth RFP
Attachment 3 – Scoring Rubric – Youth Finance Institute of America Attachment 4 – Youth Institute of America Contract
481

2. The term of this Agreement is:

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 6/27/2022
6/27/2022
482
City of Richmond For All Youth Workforce Development Program RFA#JP12-002
Section 1: Program Goals
The COVID-19 pandemic and accompanying economic downturn are having staggering effects on young adults. Young people are typically among the hardest-hit groups during recessions and getting off to a bad start in the labor market can have long-term effects.

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

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

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

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

Section 2: Program Design
City of RIchmond
#JP2002
Exhibit A Scope of Work
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 483
We cannot fail in the crucial task pf promoting equal opportunities for all young people to thrive.

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 484
• Life Skills – All participants will be required to attend our Life Skills workshops. The workshops give youth the ability to learn new skills that increase their understanding of the world around them and equip them with the tools they need to live a more productive and fulfilling life; to finding ways to cope with the challenges that life, inevitably, throws at them.
• Public works and environmental conservation/restoration program – Participants will address long-standing conservation, restoration, and climate change needs such as maintenance backlog in public parks, and coastal ecosystem restoration, neighborhood beautification, and disaster preparedness as a result of COVID-19. • RPAL Farm, Garden and Culinary Arts program – Participants will be introduced to the local agricultural industry and build new and essential life skills through farming, gardening, cooking and food literacy. Young people will have the ability to make healthy food choices by having the skills and knowledge necessary to buy, grow, and cook food with implication for improving individual, family, and community health. • Tiny House In My Backyard (THIMBY) – Participants will participate in the design and construction of carbon neutral, off-grid capable transitional housing for low-income and unhoused Richmond residents. This student-led housing initiative was developed by UC Berkeley students to address the acute housing crisis in the region, which has been especially exacerbated in the wake of COVID-19.
• Public Service & Safety Corp – A career pathway program and pipeline that teaches the critical skills needed for and entry into public service and safety careers. • RichmondBuild and YouthBuild - Participants work toward their GEDs or high school diplomas (if appropriate), learn job skills, and work on community projects. The program provides participants with intensive hands-on training in industry-recognized certifications and supports their progress toward a lucrative career in the construction industry.

Section 3: Youth Recruitment/Development
Participants for the City of Richmond For All Youth Workforce Development program are atrisk, low-income Richmond Youth, ages 16 – 30, who identify as Opportunity Youth (unemployed/not in school), justice-involved, and/or have aged out of the foster care system.

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

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 485
In addition, the department, in partnership with West Contra Costa Unified School District, Contra Costa Office of Education, and Contra Costa Community College, provide employment opportunities for 500 Richmond youth during the summer.

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

Lastly, the City of Richmond utilizes several outreach platforms to provide information to the community. These platforms include:
• Television station
• Mayor’s weekly blog
• Community Newspaper
• City Manager’s weekly report
• Social media outlets (i.e., Facebook, Twitter, Instagram) As stated above, we will partner with several community-based organization to provide a holistic approach to addressing the needs of the young people who participate in the program. These services include:
• Case Management,
• Transportation assistance,
• Referral to substance abuse treatment and mental health counseling, • Assistance with childcare,
• Assistance with housing,
• Legal aid services,
• Referrals to healthcare,
• Assistance with uniforms and other work attire and work-related tools and gear, • Assistance with book, fees, and school supplies, and
• Payments for fees for employing and training-related applications, tests, and certifications.

Section 4: Metrics/Outcomes
As a workforce development system, we are competent in data collection for outcome measures.

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

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

Section 5: Budget/Staffing/Communication
DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 486
The City of Richmond commits to using CaliforniaVolunteers developed branding for this program and will participate in CaliforniaVolunteers-organized training/curriculum if required.

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

TOTAL: $2,972,695
Category Amount Total Budget Narrative
Year 1 Year 2
Staffing
(3) FTE Employment Program
Specialist
Administrative/MIS Staff
.5FTE
$177,444
$40,004
$186,300
$41,862
$363,744
$81,866
3 FTE Employment Program Specialist responsible
for outreach, case management and job placement.

Cost of living increase in Year 2.

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

Contractual
Richmond Police Activities
League Farm, Garden, Culinary
Program
Contra Costa College
$100,000
$50,000
$100,000
$50,000
$200,000
$100,000
Contract with the Richmond Police Activities League
to administer the Youth Farm Safety Education and
Certification Program.

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

Other
Supportive Services
Participant Wages = 150 youth
X $20/hr. X 500 hours
$200,000
$750,000
$200,000
$750,000
$400,000
$1,500,000
Costs associated with providing wraparound services
(see description of wraparound services above)
Costs for participant wages will equal $10,000 per
participant, for a total of $1,500,000 for 150
participants (75 per year) in year-round and summer
program.

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 487
City of Richmond
#JP2002
Applicant:

Items Description Calculation Total Budget
Administrative Costs General purpose staff,
including office staff,
Director, fiscal staff and
item such as office supplies,
internet access, office
postagecopier cost, etc.
.1FTE Director
.1 Administrative
Analyst
.2FTE Fiscal Support
10% of office
expenditures
$ 255,495.00
Total $ 255,495.00
# Requested Hourly Salary # of Hours Total Budget
150 $20/hr 500 $ 1,500,000.00
Total $ 1,500,000.00
Items Description Calculation Total Budget
FICA for Fellows Social Security & Medicare 150 X $500 X 7.65% $ 114,750.00 Worker's Compensation
Health Care
Total $ 114,750.00
Items Description Calculation Total Budget % Allocation Cross Check Support Services Transportation assistance,
Referral to substance abuse
treatment and mental
health counseling,
Assistance with childcare,
Assistance with housing,
Legal aid services, Referrals
to healthcare, Assistance
with uniforms and other work
attire and work-related tools
and gear, Assistance with
book, fees, and school
supplies, and Payments for
fees for employing and
training-related
applications, tests, and
certifications.
150 X $2000 $ 300,000.00
Case Management Work collaboratively to
engage the Youth and
other support team
members in the
identification of strengths
and needs which support
the development and
implementation of a service
plan.
3FTE (includes
benefits)
.5FTE MIS (includes
benefits)
$ 482,450.00
CTE Certification Offer CTE courses through
the local community
college for participants
obtain CTE certificates and
college credit.
3 contract
education courses
at the community
college with
support staff @
$33K/each
$ 100,000.00
Community Garden To develop a community
garden that allows the
community to grow their
own fresh fruits and
vegetables.
supplies and staff
for the gardening
education and
supplies for the
garden
$ 200,000.00
Supplies
tools, uniform, wood, nails, paint,
seeds, dirt
Supplies needed for
beautification
project and
community farms.
$ 20,000.00
Total $ 1,102,450.00 37.1%
Total Budget Request $ 2,972,695.00
Total # of Fellows 150
Partner Status (Proposed or Secured) Contractual Amount Richmond PAL Proposed $ 200,000.00
Contra Costa College Proposed $ 100,000.00
Total $ 300,000.00
Exhibit B Budget Detail
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs CaliforniansForAll Youth Workforce Program (Revised 11/30/2021) City of Richmond
II. CaliforniansForAll Youth Workforce Fellows - Wage
I. Administration (Must Not Exceed 10% of Direct Award Amount) DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 488
City of Richmond
Agreement #JP2002

EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Richmond

BUDGET PAYMENT PROVISIONS

1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 489
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance’s review and approval:
• Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
• Output: Total number of youth employed; number of hours of employment
• Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program
• Number of youth employed in each focus area
• Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 490
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
• Number of youth who complete full program (1 year or summer program) • Percentage of youth employed in program who remain in college or stable employment
• Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
• Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
• Percentage of youth employed in public service after one year of employment
• Job training evaluations
Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 (if applicable) Award Date – December 31, 2021 January 10, 2022 2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 491
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.

Invoicing Deadlines:

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

Financial Reporting Metrics:

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 492
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:

Report Reporting Period Partner Reports Due
1 Award Date – December 31, 2021 January 10, 2022
2 January 1 – March 31, 2022 April 8, 2022
3 April 1 – June 30, 2022 July 8, 2022
4 July 1 – September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

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

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 493
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.

Resources:
• Coronavirus State and Local Fiscal Recovery Funds:
https://home.treasury.gov/policy-issues/coronavirus/assistance-for-statelocal-and-tribal-governments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund/ • State Fiscal Recovery Fund Reporting Portal:
https://www.dof.ca.gov/budget/COVID19/State_Fiscal_Recovery_Fund_Reporting_Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 494
City of Richmond
#JP2002
Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

DocuSign Envelope ID: 6D84046E-A820-4E5E-9EAE-B1DF93C651B0 495

Request for Proposals
California For All Youth
Release Date: December 12, 2022
Deadline for Submittal
January 6, 2023
5:00pm
Contact: Itza Gonzalez
Email: [email protected]
Phone Number: 510-307-8023
City of Richmond
Employment & Training Department
496

RICHMOND – CALIFORNIA FOR ALL YOUTH GRANT PROGRAM

GUIDELINES AND APPLICATION

TABLE OF CONTENT
California For All Youth Background 3
Eligibility Requirements 3
Grant Award Amounts 4
Eligible Uses of Grant Funds 4
Ineligible Uses of Grant Funds 5
Fiscal Sponsorships 6
Collaborating Organizations 7
Metrix and Reporting 7
Application Submission Requirements 8
Application Submission Details 9
Payment Provisions 9
Review Criteria 9
Application Review and Selection Process 10
Application Deadline 10
Late Application or Modification to Applications 10
Schedule 11
Questions or Addendums to the Application 12
Proposal Format Guidelines 12
Process for Submitting Proposals 13
Grantee Requirements 15
City Staff Contact 15
General Terms and Conditions 16
Exhibits 19
497

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

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

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

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

ELIGIBILITY REQUIREMENTS
Organizations must meet the following condition to be eligible to apply for a grant:
 Are a nonprofit 501(c)(3) organization, registered with the Internal Revenue Service and in good standing with the State of California’s Registry of Charitable Trusts.  Are not debarred or suspended from participation in local, State or Federal programs.  Provide services to Richmond residents (Richmond-serving) o A minimum of 80% of the organizations proposed grant-funded program/services must be provide to Richmond residents. If awarded, grant funds can only be spend serving Richmond residents.
 Meet all minimum qualifications as described in Section I & II below.  Can comply with all local, state, or federal laws and regulations if funded. 498

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

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

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

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

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

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

All participants must be Richmond residents between 16-30 years of age. Priority should be given to youth who:
• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income
• Are unemployed and/or out of school
• Are or were justice-involved
• Are in or transitioning from foster care
• Are engaged with the mental health or substance abuse system 499

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

Examples of eligible projects or programs may include, but not limited to, the following:
 Urban Forestry
 City Beautification
 Community Food Distribution/Food Banks
 Community Service Special Events
 Senior Services
 Public health/healthcare services
 Information Technology
 Urban and Community Farming
 Public Safety Initiatives
 Sustainable Energy
Indirect administrative costs incurred should not exceed 10% of total direct costs, pursuant to federal guidance. Up to 40% of total direct costs may be used for wraparound services for participants. This can include services such as:
 transportation stipends/awards,
 job readiness training,
 case management, or
 other services likely to help participants succeed in the program and/or gain employment after completion of program.

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

INELIGIBLE USE OF GRANT FUNDS
Participants may not partake in activities that require high levels of safety precautions.

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

In addition, grant funds may not be used for the following reasons:
 Repayment of existing debt or pre-existing tax liens or obligations  Legal, loan, or bank fees
 Subsidization of existing contracts
 Political campaigns or lobbying
 Advancement of certain sectarian, politically partisan, or religious projects (grant funds should be used for specific programs and not to advance the causes of any of the stated 500

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

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

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

How does a fiscal sponsorship work for the California For All Youth grant process?:
 The fiscal sponsor will serve as the applicant. Fiscal sponsors will enter into a grant services agreement with the City of Richmond and must meet all requirements and submit all required documents.
 A signed agreement between the sponsoree and fiscal sponsor must be included in the submitted application. The organization actually implementing the program and performing the services will act as the sponsoree or fiscal sponsor’s sub-grantee.  Fiscal sponsors can also apply for grants.
 In addition to requesting funds for its own purposes, organizations may also act as a fiscal agent for other organizations.
501

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

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

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

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

Percentage of youth employed after completion of program.  Percentage of youth who report job satisfaction after one year of employment, as reported by a survey.
 Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey.
 Percentage of youth employed in public service after one year of employment • Job training evaluations.
502

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

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

APPLICATION SUBMISSION DETAILS
 Submit completed grant application (include budgets and résumés and/or descriptions of work experience with the application) and a set of all additional required documents.
 The responses to the application questions shall be limited to eight (5) pages. This page limit is not inclusive of budgets, résumés, descriptions of work experience, or documents requested as part of the application.
 All submitted materials should be typed in a 12-point font size and Times New Roman font style. Applications must be easily reproducible on a standard copying machine.
 All costs incurred in the preparation of an application are the applicant’s responsibility.
503

 Applications must be completed and submitted electronically via www.ci.richmond.ca.us/ECIAapplication by Friday, December 30, 2022, at 5:00 p.m.

Applications received after this date and time will not be considered and will not be eligible for review and scoring by the Review Panel.

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

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

REVIEW CRITERIA
All submitted application, which comply with the grant requirements, will be evaluated, and rated using the criteria listed below. The maximum score than an application receive is 100 points from criteria areas #1 – 4 and an extra 10 points program deliver included (10 points) Total Points Available for Criteria Area #1-5: 100 Points 20 Agency History & Capacity - The extent to which the respondent demonstrates a history of successfully implementing youth and workforce development programs and achieving outcomes. Evidence should include previous experience with diverse communities and youth, program integration, case management, and successful data tracking and performance outcomes.
45 Program Design - The extent to which the proposed plan and services are clear and specific, including recruitment, frequency of programming, average number of clients to be served over the course of the grant, location of services, and extend of proposed services to be delivered.
20 Staffing Experience & Qualification – The extent that staffing is sufficient for the level of services proposed, and staff are qualified and reflective of the communities to be served.
15 Budget Request & Justification – The extent that the budget is clear and reasonable in cost to support the proposed level of services and provides adequate justification of proposed costs.

EXTRA POINTS
10 Collaboration – To the extent that program services include collaborations with local training institutions that offer Occupational-skills or Industry-recognized certifications.
504

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

The selection process is divided into the following steps:

1. Applications are received by the due date.

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

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

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

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

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

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

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

Organizations assume responsibility for the timely submission of applications and all required documents. Any applications may be withdrawn or modified by a written request signed by the applicant.
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SCHEDULE
The schedule associated with the application is below. The City reserves the right to alter this schedule as necessary.

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

QUESTIONS OR ADDENDUMS TO THE APPLICATIONS
It is strongly recommended that organizations register on the City’s E-Notify Me webpage (http://www.ci.richmond.ca.us/list.aspx) to ensure that they receive any addendums to or notifications regarding this RFP or the CFAY grant program. Any requests for clarification or other questions concerning this RFP should be submitted in writing to City staff via [email protected].
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PROPOSAL FORMAT GUIDELINES
The proposal should be concise, well organized, and demonstrate the organization’s qualifications and experience applicable to the Project. The proposal shall be limited to 3-pages double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub-consultants. The required font size is 12 point, with minimum left and right margins of one-inch, and top and bottom margins of 0.7 inches.

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

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

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

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

NOTE: Youth participants may not complete work experience opportunities within a forprofit business.

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

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

E. Collaboration
 Describe

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

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

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

Pre-Award Negotiations
After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:
 Resolving minor differences and information
 Clarifying necessary details and responsibilities
 Emphasizing important issues and points
 Receiving assurances from respondents
 Cost/budget clarifications
If the City cannot successfully negotiate a contract with the highest ranked respondent, the City may begin negotiations with the second highest ranked respondent. 508

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

Award - When the Review Panel has completed its work, City staff will then recommend a Financial Advisor firm to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment 1). 509

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

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

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

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

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

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

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

The City reserves the right to:

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

2. Issue subsequent Requests for Proposals.

3. Postpone opening for its own convenience.

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

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

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

7. Select one or more Respondents.

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

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

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

Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If organizations intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the organization will employ to ensure that any subcontractor complies with the provisions of organization’s contract with the City. 511

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

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

Exceptions will be considered during the proposal evaluation process.

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

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

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

Compliance with City Ordinances
The contractor and all subcontractors shall comply with the City of Richmond Nondiscrimination Clauses in City Contracts Ordinance (Richmond Municipal Code (RMC) Chapter 2.28), Business Opportunity Ordinance (RMC Chapter 2.50), Local Employment Program Ordinance (RMC Chapter 2.56), Living Wage Ordinance (RMC Chapter 2.60) and Ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on all Employment Applications (“Ban the Box”) (RMC Chapter 2.65), which are incorporated into the Contract Documents by this reference.
512

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

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

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

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

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

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

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

The City of Richmond reserves the right to:

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

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

C. Reject all proposals.
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ATTACHMENTS
ATTACHMENT 1: Standard Contract
ATTACHMENT 2: Insurance Requirements
ATTACHMENT 3: Sanctuary City Compliance Statement
ATTACHMENT 4: Sanctuary City Contracting Ordinance
ATTACHMENT 5: Resolution No. 86-21
ATTACHMENT 6: Disclosure Statement of Limited Liability Companies Form 514
CALIFORNIA FOR ALL YOUTH SCORING RUBRIC – Youth Finance Institute of America Agency
History &
Capacity
Program
Design
Staffing &
Qualifications
Budget
Request &
Justification
Collaboration Total
Rater 1 20 35 20 8 7 90
Rater 2 16 35 15 12 6 84
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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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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:

By:

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

By:

By: Title:

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
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For the Contract between the City of
Richmond and

EXHIBIT A

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

Employment & Training Dept.
518
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 PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 519
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:

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EXHIBIT D

GENERAL CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 09-26-07 4 of 12
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

General Conditions/EJ/TE 09-26-07 5 of 12
525

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

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

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

Notwithstanding the foregoing, in the event a particular design, process or product of a particular manufacturer is specified by City in writing, City General Conditions/EJ/TE 09-26-07 6 of 12
526
shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwise impermissible use of any patented or copyrighted designs, processes, or products by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.

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

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

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

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

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

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment General Conditions/EJ/TE 09-26-07 7 of 12
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discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

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

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

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

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

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

General Conditions/EJ/TE 09-26-07 8 of 12
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The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

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

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

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

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

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

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, General Conditions/EJ/TE 09-26-07 9 of 12
529
acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments General Conditions/EJ/TE 09-26-07 11 of 12
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therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

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

39. Performance and Final Acceptance.

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

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

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

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

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

General Conditions/EJ/TE 09-26-07 12 of 12
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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):
533
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.
534
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
535
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

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

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

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

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

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 536
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

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

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

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
537
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
538

May 16, 2023
Department
DATE: May 16, 2023
TO: Members of the City Council
FROM: Mayor Eduardo Martinez and Councilmember Doria
Robinson
Subject: Improvements to Residential Rental Inspection Program FINANCIAL IMPACT: City Attorney’s Office and staff time to examine the existing contracts, possible ordinance updates, and
options for service improvements.

PREVIOUS COUNCIL
ACTION:

August 2, 2005 (Ordinance 34-05 N.S.) and January 20,
2015 (Ordinance No. 03-15 N.S.)

STATEMENT OF THE
ISSUE:

The City has a Residential Rental Dwelling Unit
Inspection and Maintenance Ordinance (Richmond
Municipal Code Chapter 6.40) that has been active since 2005. Recently, the City Council has received concerns
raised by tenants regarding the program; therefore, the Council would like City staff to work with the City
Attorney’s Office and stakeholders to explore potential ordinance amendments and program improvements to
address the concerns raised.

RECOMMENDED ACTION: DIRECT the City Attorney’s Office to work with the Community Development Department and community
stakeholders to update the Residential Rental Dwelling
Unit Inspection and Maintenance Ordinance, including
developing a Tenant Habitability Plan and overall
improvements to the Residential Rental Inspection
Program – Mayor Eduardo Martinez (510-620-6502) and
Councilmember Doria Robinson (510-620- 6568).

AGENDA
REPORT
539

May 16, 2023
DISCUSSION:

The City of Richmond has a Residential Rental Dwelling Unit Inspection and Maintenance Ordinance (Richmond Municipal Code Chapter 6.40), which requires inspections of certain residential rental properties for habitability and safety standards (Attachment 2). The implementation of this ordinance falls under the purview of the Building Division of the Community Development Department. Currently, the Building Division contracts the inspection and administration of the residential rental inspection to I Sterling and Outsource It, respectively. As such, to facilitate improvements, a review and modification of these consultant contracts may be necessary to enable enhanced compliance and enforcement.

The Residential Rental Inspection Program (RRIP) is designed to ensure that residential rental units are safe, healthy, and suitable for habitability. The severity of potential code enforcement violations varies, from neglected aesthetic repairs to pressing health and safety hazards such as poor weatherization, mold, rodent infestations, improper or outdated electrical wiring, lead paint, etc.

Discussions with Richmond residents and community groups indicate that the language and implementation of this ordinance pose issues for both tenants and landlords, including but not limited to (Attachments 1 and 3):

1. Not all residential rental units in Richmond fall under the program.

2. Landlords can “self-certify” compliance, which creates serious accountability and safety issues.

3. Properties where the rents and tenant incomes on 100 percent of the units, excluding the on-site manager units, are restricted by Federal, State or local government programs for a period of not less than 30 years, and the restricting agency inspects a minimum of 30 percent of the units, at least annually, are exempt from the RRIP program.

4. Many units are never inspected if there is no complaint.

In addition, the self-certification process disadvantages small landlords. Larger corporate landlords have more financial means and resources to keep abreast of State and local laws and can therefore more accurately self-assess code compliance. Small landlords may inadvertently miss needed upgrades and code requirements, despite their best efforts to maintain healthy and habitable premises for tenants.

Suggested changes to the City’s current approach include but are not limited to:

1. Updating Richmond’s Residential Rental Dwelling Unit Inspection and Maintenance Ordinance to require that 100 percent of an owner’s residential rental units are inspected at least once every three years, rather than only a sampling of the units that are supposed to be indicative of the overall quality of the landlord’s properties.
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May 16, 2023

2. Evaluating the contracts with I Sterling and OutsourceIt to assess and improve service delivery.

3. Evaluating the ability and costs associated with bringing the inspections portion of the program back in-house, rather than contracting inspections to a consultant.

4. That owners of residential rental units can no longer self-certify compliance.

5. That subsidized residential rental units must also be inspected and no longer be exempt from the RRIP.

6. The creation of a Residential Rental Tenant Habitability Plan, which would clearly define how landlords must mitigate temporary untenantable conditions, either through actions to ensure that tenants can safely remain in place during construction, or through the temporary relocation of tenants to alternative housing accommodations.

DOCUMENTS ATTACHED:

Attachment 1 – Richmond Residential Rental Inspections Presentation from ACCE Attachment 2 – Ordinance No. 03-15 N.S. / Richmond Municipal Code Section 6.40 Attachment 3 – Letter from ACCE Executive Director David Sharples 541
Richmond Code Enforcement
Cumplimiento del Código de
Richmond
What we have and what we want
Lo que tenemos y lo que queremos
542
How do Richmond Rental Inspections Work Today
¿Cómo funcionan hoy las inspecciones de alquiler en Richmond? Two events trigger inspections
- Complaints
- “Routine Inspections”
Dos eventos desencadenan inspecciones
- Quejas
- “Inspecciones de rutina”
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Events That Trigger Housing Inspections
Eventos que desencadenan inspecciones de viviendas
Complaint Based Inspections
Problems:
- Too much discretion for inspectors to not cite
- Fear and risk of unlawful retaliation
- Tenants unaware of some conditions
Inspecciones basadas en quejas
Problemas:
- Demasiada discreción para que los inspectores
no citen
- Miedo y riesgo de represalias ilícitas
- Los inquilinos desconocen algunas
condiciones 544
Events That Trigger Housing Inspections
Eventos que desencadenan inspecciones de viviendas
“Routine Inspections”
Problems:
- Landlords who own three units can “self-certify” that their rental units are habitable
- 20% of units inspected
- Inspection once every three years
- 80% off inspection fees
“Inspecciones de rutina”
Problemas:
- Los propietarios que poseen tres unidades
pueden "autocertificar" que sulas unidades
de alquiler son habitables
- 20% de las unidades inspeccionadas
- Inspección una vez cada tres años
- 80% de descuento en tarifas de inspección 545
Proposed Changes To Ordinance
Cambios propuestos a la ordenanza
Abolish Subsidized Housing Exemption
- Section 8, LIHTC, etc. will be inspected just like other properties.

Abolir la exención de vivienda subsidiada
La Sección 8, LIHTC, etc. serán
inspeccionadas al igual que otras
propiedades.
546
Proposed Changes To Ordinance
Cambios propuestos a la ordenanza
Abolish Self Certification Program
- Change ordinance to require that 100% of a landlord’s rental units are inspected at least once every three years.
- More fair to small landlords
- Self-funding
Abolir el programa de autocertificación
- Cambiar la ordenanza para exigir que el 100 % de las unidades de alquiler de un arrendador se inspeccionan al menos una vez cada tres años.
- Más justo para los pequeños propietarios
- Autofinanciamiento
547
Proposed Changes To Ordinance
Cambios propuestos a la ordenanza
Add a Tenant Habitability Plan
- Require that a THP be prepared:
○ substantial repairs,
○ adjacent construction,
○ repairs after an order to comply after complaint based or proactive inspection. 548
Proposed Changes To Ordinance
Cambios propuestos a la ordenanza
Increase Tenant Protections
- More communication with tenants about code
enforcement procedures
- Sufficient notice to tenants of inspection
- Notice of tenant rights
- Removal of discretion to not cite
- Identification of individuals present for
inspection
- No arbitrary citations
- No inspector opinions concerning who is
at fault
- Existence is not a code violation
Aumentar las protecciones para inquilinos
- Más comunicación con los inquilinos sobre los
procedimientos de aplicación del código.
- Notificación suficiente a los inquilinos de la inspección - Aviso de los derechos del inquilino
- Eliminación de la facultad de no citar
- Identificación de las personas presentes para inspección - Sin citas arbitrarias
- Ningún inspector opina sobre quién es en falta
- La existencia no es una violación del código
549
New Ordinance - Richmond Tenant Habitability Plan
Nueva Ordenanza - Plan de Habitabilidad de Inquilinos de Richmond - Modeled after the successful LA
tenant habitability plan
- Triggered by substantial repairs
(replacement of structural,
electrical plumbing, or mechanical
systems or abatement of hazardous
materials)
- Landlord must submit plan to
building dept and tenant
- Description of work
- Effect work will have on tenant
- Points of contact
- Mitigation measures
- Will temporary relocation be necessary
- Tenant can appeal plan
- Siguiendo el modelo del exitoso plan de
habitabilidad para inquilinos de Los Ángeles
- Activado por reparaciones sustanciales
(reemplazo de estructuras, plomería eléctrica
o sistemas mecánicos o reducción de
materiales peligrosos)
- El propietario debe presentar el plan al
departamento de construcción y al inquilino
- Descripción del trabajo
- Efecto que tendrá el trabajo en el
inquilino
- Puntos de contacto
- Medidas de atenuación
- ¿Será necesaria una reubicación
temporal?
El inquilino puede apelar el plan
550
New Ordinance - Richmond Tenant Habitability Plan
Proposed Changes from the LA Ordinance
- Clearer notice to tenants (this is not an eviction, right to relo, etc.) - Rent reduction and ability for tenants to petition Rent Board - Limited 9 am - 5 pm disruption
- Responsible party identification
- Cross-reference to Richmond’s
tenant Harassment Ordinance
- Consistency with existing Richmond
Ordinances - no parallel procedures
551
552
553
554
555
556
557
558
559
560
561
562
March 24, 2023
Re: Richmond Rental Inspection Program
Dear Mayor and City Council:

We write to you on behalf of our Richmond members. As you know, the City’s Building Inspection Department has failed to ensure that Richmond’s Housing stock is safe, secure, and sanitary. The result is a systematic violation of tenants’ rights and a culture of landlords correctly believing they can disregard the City’s laws with little fear of accountability.

I. RICHMOND’S CURRENT RENTAL INSPECTION ORDINANCE
Richmond currently benefits from a “Residential Rental Dwelling Unit Inspection and Maintenance” Ordinance.1 The ordinance aims to provide tenants “a regular and comprehensive system of inspection of residential rental dwelling” and to “proactively identify blighted and deteriorated rental housing stock.”2 Unfortunately, despite this ordinance, the City has faced significant challenges protecting tenants from uninhabitable housing.

A. All Units are not Inspected Due to a Patchwork Strategy that Leaves Most Units Unregulated
The ordinance provides tenants with two types of inspections for their units.

1. First, tenants can file a complaint and request an inspection at any time.3

2. Alternatively, an inspection may occur without a tenant complaint in some situations.4 While the ordinance calls for the City to routinely inspect some units, it does not provide for routine inspections of all units.5 Instead, the ordinance provides a patchwork of different procedures for different landlords, allowing individual building inspectors significant discretion.6 B. The Ordinance Requires the City to Take Action Against Landlords Who Rent Substandard Units.

While the ordinance’s rules and procedures are complex, it is clear that once a violation is identified, the City must take action.7 When habitability issues are present in one unit, the 7 Richmond Mun. Code § 6.40.050(d)(1), 6.40.100(a)(1), 6.40.110. 6 Id.
5 Richmond Mun. Code § 6.40 et seq.
4 Richmond Mun. Code § 6.40.050(d), 6.40.090(c)(2).
3 Richmond Mun. Code § 6.40.050(d).
2 Richmond Mun. Code § 6.40.010.
1 Richmond Mun. Code § 6.40 et seq.
563
building “shall be subject to inspection of all residential rental dwelling units and required to pay all applicable fees as set forth in the Master Fee Schedule Resolution.”8 The ordinance has clear remedies the City can use against landlords who fail to keep their units habitable.9 When an inspector notices a violation, “the inspector shall issue a written notice of violation.”10 “The notice shall contain a description of the violation, the specific action required to correct the violation, and a demand that the violations be corrected” and “contain the scheduled re-inspection date and time”11 Unless the violations are minor, a compliance re-inspection must occur.
12 Following the re-inspection, the City has the legal authority to take action against the landlord if the issues are still present.13 These actions include issuing administrative citations, commencing abatement proceedings, seeking civil injunctions, subjecting the landlord to criminal prosecution, or disallowing the landlord from claiming valuable tax deductions on their California taxes.14 II. RICHMOND’S BUILDING DEPARTMENT ALLOWS LANDLORDS TO
BREAK RICHMOND LAW.

On January 23, 2023, Councilmember Jimenez wrote the building department enquiring as to the state of the rental inspection program.15 This email revealed a shocking inaction on the part of the building department and the private contractors it works with. In response to Councilmember Jimenez inquiring how many fines the department issues, Lina Velasco responded, “The current Program is not set up for our consultants to generate citations.”16 Instead of holding landlords accountable, “subsequent inspections are conducted as needed until the violations are corrected.”17
Even with limited staff, there is no reason the City cannot use its existing legal authority to issue administrative citations or notify California’s Franchise Tax Board of substandard conditions.18 Such tactics do not require any significant resources. It is especially troubling that Richmond landlords face no accountability from the building department, as the private contractors responsible for inspecting buildings and providing administrative support are currently not utilizing their entire budget.19 In 2022, the contractors expended $141,728 even when the city allocates $2,000,000 over four years.20 Essentially, the contractors utilized less than 29% of their 8 Richmond Mun. Code § 6.40.050(d)(1). 9 Richmond Mun. Code § 6.40.100, 6.40.110, 6.40.150, 6.40.160. 10 Richmond Mun. Code § 6.40.100(a)(1). 11 Id. 12 Richmond Mun. Code § 6.40.100(a)(4). 13 Richmond Mun. Code § 6.40.110. 14Richmond Mun. Code § 6.40.110. 15 See attached email. 16 Id.. 17 Id. 18 Richmond Mun. Code § 6.40.110. 19 See attached email to city council. 20 Id. 564
yearly budget.21 Even if the City took more drastic actions, such as instituting legal action against an owner, Richmond’s current ordinance specifies that the City can recover its legal fees.22 As such, the issue appears to be less about resources and more about a status quo that has gone unchecked. While the ordinance must be amended, such a rewrite will be ineffective if the City fails to oversee its private contractors tasked with implementing the law.

III. RICHMOND’S EXISTING LAW CONTAINS LOOPHOLES.

While implementation and oversight are significant issues with The Residential Inspection Program, the law itself also fails to protect tenants. Richmond should amend its ordinance to ensure that all rental units are routinely inspected by eliminating the self-certification loophole, eliminating the affordable housing loophole, and adopting clarifying amendments to protect tenants.

A. Large Landlords Should Not Be Able to Obtain an Exemption Through “Self-Certification”
Landlords who own three or more rental units in Richmond receive lax treatment under the law. 23 When a landlord owns more than three rental units, they can “self-certify” that their apartments are in good condition.24 Once a landlord is in the “self-certification” program, inspections are limited to twenty percent of the landlord’s units.25 These inspections occur once every three years.26 When a landlord “self-certifies,” they “certify” that they have conducted their own inspection and did not find habitability issues.27 While the ordinance does not allow landlords to continue participating if it becomes clear that bad conditions are present, these provisions require strong enforcement and oversight.

Allowing landlords to inspect their own units and “self-certify” their habitability is problematic for numerous reasons. First, a self-certification process is easily abused by bad-faith actors who are willing to lie about the condition of their units. Second, landlords are not necessarily qualified to conduct health and safety inspections of rental units. Finally, the fact that only landlords who own three properties are eligible discriminates against smaller landlords 27 Richmond. Mun. Code § 6.40.090(c)(3).
26 Id.
25 Richmond. Mun. Code § 6.40.090(c)(2).
24 Id.
23 Richmond Mun. Code § 6.40.090(c).
22 Richmond Mun. Code § 6.40.150. When a city recovers legal fees, it can recover the “market rate” for attorney services as opposed to a rate based of the city attorney’s salary. Stratton v. Beck, 9 Cal. App. 5th 483 (2017). For example, Oakland’s City Attorney office recently obtained an attorney fee award of $2,320,554 for litigating a case against a notorious Oakland Landlord. The People of the State of California et al v. Dodge Corp Et al (see attached ruling). The Court awarded the staff attorney hourly rates between $375-$500 an hour, which the court noted was “very modest…if not at the lower end.” Id.
21 Id.
565
–especially since large landlords only need to pay rental inspection fees for 20% of their units.28 Effectively, large landlords receive an 80% discount that smaller property owners do not. The City does not even require landlords to submit their self-certification forms.29 The City must eliminate this fundamentally flawed program in its entirety.

B. The City Should Inspect Affordable Housing
Richmond’s ordinance exempts all subsidized housing from the rental inspection program.30 This exemption likely stems from a misunderstanding about the oversight of subsidized properties.

While some subsidized housing is subject to inspections from other agencies, others are not. For example, properties subject to the low-income housing tax credit program are generally never inspected by any outside agency. As such, the City should eliminate the exemption for subsidized rental units to ensure it is not discriminating against low-income tenants by denying them city services based on their income and housing status.

C. Routine inspections should be a right of all tenants.

While the purpose of the rental inspection ordinance is “to proactively identify blighted and deteriorated rental housing stock,” clarifying language is needed to ensure all tenants benefit from proactive inspections. In addition to exempting many units from inspections outright, the ordinance does not mandate ongoing inspections of all properties. ACCE recommends clarifying that all units should be inspected at least once every three years. ACCE further suggests technical amendments that ensure tenants’ rights are protected in the process.

IV. RICHMOND SHOULD ADOPT A TENANT HABITABILITY PLAN.

It is imperative that the City routinely identify habitability violations and demands that landlords make repairs. However, this cannot be the end of the City’s involvement – especially when a landlord has demonstrated a lack of concern for the wellbeing of tenants. Once it becomes clear that significant repairs are required, the tenant should be part of the process.

ACCE recommends adopting a “tenant habitability plan” ordinance. A tenant habitability plan ordinance requires that when a landlord is required to make repairs, they account for tenants’ existence as part of the repair process. A tenant habitability plan requires landlords making significant repairs to submit a plan on how they will conduct the repairs with minimal disruption to existing tenants. The tenant then has an opportunity to suggest changes to the landlord’s plan based on their living situation. If the landlord chooses not to follow the plan, the tenant can take action at Richmond’s Rent Board or as part of a lawsuit. 30 Richmond Mun. Code § 6.40.090(b).
29 Richmond. Mun. Code § 6.40.090(c)(3)(D).
28 Richmond. Mun. Code § 6.40.090(c)(3)(C).
566
Attached, you will find ACCE’s model ordinance based on the City of Los Angeles’ successful program. Passing this ordinance will ensure that tenants who have already been subjected to uninhabitable conditions are not further harmed by landlords rushing to comply with orders to correct violations.

V. CONCLUSION
The status quo of housing inspections in Richmond is unacceptable. ACCE members often report inspections that result in no or minimal action from landlords. In some cases, inspectors do not even bother to issue the required violation notices. While the above changes can and must occur, with or without staffing changes, ACCE asks the City to seriously consider the wisdom of staffing the building department with private contractors who have a demonstrated pattern of failing to protect Richmond Tenants. ACCE looks forward to a much-needed reform in how Richmond addresses uninhabitable living conditions.

David Sharples
Director of Contra-Costa ACCE
567
3/24/23, 1:54 AM Alliance Of Californians For Community Empowerment Mail - Fwd: Rental inspections https://mail.google.com/mail/u/0/?ik=5bdd151729&view=pt&search=all&permmsgid=msg-f:1759223292794362674&simpl=msg-f:1759223292794362674 1/2 Ethan Silverstein <[email protected]>
Fwd: Rental inspections
David Sharples <[email protected]> Wed, Mar 1, 2023 at 7:00 PM To: Edith Pastrano <[email protected]>, Ethan Silverstein <[email protected]>, Leah Simon-Weisberg <[email protected]> ---------- Forwarded message ---------
From: Claudia Jimenez <[email protected]>
Date: Wed, Mar 1, 2023 at 6:59 PM
Subject: Rental inspections
To: David Sharples <[email protected]>
Councilmember Jimenez (and Mayor Martinez and Councilmembers via bcc):

Below are responses to Councilmember Jimenez’s questions regarding the Residential Rental Inspection Program (RRIP) (responses are in red font):

Can you inform the council what happen and correct the website error? At the start of the Residential Rental Inspection Program (August 2005), 510-781-5174 was the Help Line number. This was changed several years ago to the current Help Line number (510-690-8260). The current/correct Help Line number is published on the actual RRIP webpage. Apparently, the old number on the Building Division main page was not changed, which was an oversight on staff’s part. We were not aware of this error until it was brought to our attention. We truly regret the oversight. It was corrected immediately upon our learning of it the morning of 01/24/2023.

How many inspections they do during the year?
Historically, the program averages approximately 2,500 inspections per fiscal year, though the COVID-19 years resulted in fewer inspections as the program was stopped temporarily due to the health advisory and allowances were given to reschedule inspections at tenant’s request due to positive infection cases or other health concerns. Thus far this fiscal year, the program has completed approximately 1,300 inspections.

How many fines they do?
The current Program is not set up for our consultants to generate citations. Over the past 6 months, we have been working with our outside counsel, Silver & Wright, on updating our notices and strengthening these parts of the program with our Building and Code Enforcement staff issuing citations and corrections notices after failure to comply is not obtained by our contractors. Given staffing constraints, we are piloting our enforcement work with a non-responsive owner who operates a 20-unit development in the City to understand costs the City may incur and the amount of staff time it takes to achieve enforcement. This will help inform our budget request for next FY year. We’ll provide an update on progress of this soon.

How they or the city follow up to make sure landlords are fixing the problems? When violations are noted, owners are provided a correction list by mail with a scheduled reinspection date and time. Subsequent inspections are conducted as needed until the violations are corrected. We do have some outstanding cases where owners fail to make corrections and as noted above these are the parts of the program that we are working on strengthening. After we pilot the non-responsive owner, we be testing a non-compliant owner due to uncompleted corrections. Again, we’ll report on this soon.

How long is the contract for? / When will their contract expire? Current contracts are effective January 1, 2022 – December 31, 2024, with an option to extend for two additional years. We have two contractors that operate the program, one does program administration, and the other provides the related inspection services.

How much money the city pays to this contractor?
The current contract limit is $ 1 million per vendor over the life of the contracts. The current contract expenditures per vendor as of December 31, 2022, are:

OutsourceIt (Program Administration) - $ 92,232.90
ISterling (Program Inspections) - $ 49,495.36
Please note that the RRIP is in addition to our Building inspectors addressing habitability complaints or violations related to the adopted Building Codes.

These inspections occur as issues arise and are not on the same 3-year cycle that the RRIP has. Building inspectors follow up on these types of complaints as they are received.

I know in the recent past there has been a desire to bring the RRIP in-house; however, please know that I and the other Community Development staff involved cannot take this on right now. I need to continue to work with Code Enforcement on preparing RMC amendments to take on the work of RPD’s former Regulatory Unit, as well as continue to work and support Jesus on coordinating all the City’s unhoused efforts. We are also going to be kicking off the City’s $35 million TCC grant project in July and the oversight and management of these projects will be critical to complete within the grant timeframe. While I recognize there are areas we need to improve, my staff and I are working to cover these gaps within the existing program framework. Thank you for your continued support and please know we are doing our best to meet the needs of tenants, while also being realistic of what we can do at this time given other city needs and Council priorities.
-Lina
Lina Velasco
She/her/hers
Director of Comm
--
______________
Claudia Jiménez
--
David Sharples
Director, Contra Costa County
ACCE Institute and ACCE Action
415-377-9037
[email protected]
568

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse
ORDER re: Hearing on Motion for Attorney Fees filed by The People of the State of California (Plaintiff); City of Oakland (Plaintiff) Page 1 of 6 The People of the State of California
et al
Plaintiff/Petitioner(s)
vs.

Dodg Corp et al
Defendant/Respondent(s)
No. RG19022353
Date: 02/01/2022
Time: 3:00 PM
Dept: 23
Judge: Brad Seligman
ORDER re: Hearing on Motion for
Attorney Fees filed by The
People of the State of
California (Plaintiff); City of
Oakland (Plaintiff)
The Motion for Attorney Fees filed by The People of the State of California, City of Oakland on 11/29/2021 is Granted.

Plaintiffs seek an award of attorneys’ fees after substantially prevailing in this multi-location tenant protection and nuisance case. The case was heavily litigated, fully tried and resulted in a $3.9 million judgment and a broad 5-year city-wide injunction. It is one of the largest judgments this court is aware of for this type of case. While defendant Dodg now describes the case as a straightforward, non-complex case, the court has concluded otherwise. It granted the case complex status and has been involved in multiple discovery and motion matters as well as an extensive trial which led to a lengthy Statement of Decision and liability findings against multiple defendants. Belying the suggested simplicity of the case, Dodg assigned 3 partner level lawyers to try the case.

Plaintiffs seek $2,555,979.36 in fees, based on a merit’s lodestar of 1,105,026.95 enhanced by a

2.25 multiplier, and $69,668.75 for the fee motion (“fees on fees.”). Defendant’s opposition is narrowly focused. Other than a timeliness objection discussed below, defendant does not dispute plaintiffs’ entitlement to an award of attorney’s fees, which are mandatory under both Oakland’s Tenant Protection Ordinance and for public nuisance claims. (O.M.C.§8.22.670(D)(1), §1.08.040(G).). Dodg does not dispute the hourly rates sought by plaintiff, nor does it assert that fees should be reduced for partial success. Rather, it targets some timekeeping and staffing practices in arguing the number of hours claimed are excessive and disputes the appropriateness of and the size of the requested fee multiplier.

The court concludes the requested award of fees is largely appropriate, although it modestly reduces the fees sought for litigating the fee motion, and awards a multiplier of 2.1.

Timeliness
Dodg contends the motion for attorney’s fees should be denied as untimely. The motion was filed two court days after the time specified for a motion in CRC 3.1702(b). The missed deadline 569

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse
ORDER re: Hearing on Motion for Attorney Fees filed by The People of the State of California (Plaintiff); City of Oakland (Plaintiff) Page 2 of 6 was the result of an honest mistake in calculating the due date, as explained by plaintiffs’ counsel. There is no evidence of bad faith or prejudice to defendant. As Dodg concedes, CRC 1702(b) does not set a jurisdictional deadline. The court has the discretion to consider late motion. (Jones v. Goodman (2020) 57 Cal.App.5th 521, 542.) Moreover, the court may for good cause extend the time for filing a fee motion even where, as here, the request to extend is made after the fee motion deadline has passed. (CRC 1702(d); Robinson v. U-Haul Co. of Cal. (2016) 4 Cal.App.5th 304, 311.) The court finds good cause to extend the deadline here, where the error of plaintiff’s counsel was inadvertent and not prejudicial, and the alternative would be to grant a very substantial windfall to defendant and impose a severe forfeiture of a mandatory fee entitlement on plaintiffs.

Lodestar Analysis
The starting point for a fee determination is the lodestar: the court calculates the reasonable number of hours times the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal. 4th 1084, 1094.)
Dodg does not dispute the reasonableness of the hourly rates sought. Plaintiffs’ counsel for whom fees are calculated, were all staff level attorneys with 1-7 years of experience, for which rates of $375-$500 are sought. A paralegal’s work, whose rate is not contested by defendant, is valued at $235 an hour. Of particular note are lead counsel Zarah Rahman, a 2016 law graduate, for whom $475 per hour is sought, and second lead counsel Scott Hugo, a 2015 law graduate, for whom $500 per hour is sought. Rahman and Hugo incurred the most hours of work among the plaintiffs’ team. The undisputed evidence is that their rates are not merely reasonable but are “very modest…if not at the lower end” of the range for non-contingent rates charged for similar work in the San Francisco Bay Area by attorneys with similar experience. (Pearl Dec. at p.11,

12.) Declarant Pearl, who defendant concedes has “a well-deserved reputation for expertise in attorney’s fees” (Opp. at p.8), concluded that Rahman and Hugo’s rates could have been set 50% higher and still have been in the applicable reasonable range. (Pearl Dec. at p. 13.) Another declarant with expertise in attorney’s fees, Michael Rubin, describes the hourly rates sought by plaintiffs as “uniformly lower than the market rates customarily charged by attorneys with comparable skills and expertise int eh San Francisco Bay area. (Rubin Dec. at p.4-5.) Dodg does challenge some of the hours sought by plaintiff, but this challenge is narrow. It does not argue that any task was unnecessary or unreasonable. Nor does it dispute that the litigation was protracted. With the exception of one hearing and depositions, it does not challenge the division of labor among the plaintiffs’ legal team or otherwise argue that the case was not staffed appropriately. It rightfully notes it cannot be faulted for mounting a zealous defense and the court at the close of trial did in fact acknowledge the diligence, professionalism and civility of all counsel in the case. The court does not base its fee determination on anything other than the result of a hard and honorably fought litigation. But a well fought litigation resulted here in hours of compensable work for plaintiffs counsel.

Plaintiffs exercised billing judgment in their motion, excluding supervising attorney time (valued at $82,575) 211.33 hours of duplicative or unnecessary work (valued to $77,175), and reducing the reminder by 5% (valued at $58,159). Plaintiffs overall cut roughly 12% of their fees in the exercise of billing judgment.

The court considers defendant’s specific challenges to the number of hours.

First, Dodg notes that there are numerous .25 hour entries, and asserts that these increments—the smallest listed - overstate the value of routine functions. It cites its expert, David Hadley, a risk 570

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse
ORDER re: Hearing on Motion for Attorney Fees filed by The People of the State of California (Plaintiff); City of Oakland (Plaintiff) Page 3 of 6 manager and paralegal who handles billing in litigated, mostly personal injury cases, for the largest taxicab company in the bay area. He asserts that .1, not .25, is the “gold standard” for timekeeping, and claims that many entries for which .25 hours is sought are for routine tasks. He cites three examples and then broadly asserts that over-half of the entries listed could have been done in 6 minutes or less. He calculates the value of this in excessive billing as $21,741.38. (Handley Dec.at p. 2.) While plaintiffs do not dispute the three entries listed by Hadley, they note they exercised billing judgment and cut substantial hours from their fee request and submitted sworn declarations regarding the hours incurred. Neither Dodg nor its expert cite any authority requiring time entries be based on .1 increments, nor is the broad assertion of its expert that half of the entries are over-stated documented in any way that permits review. The court has independently reviewed the time entries and notes that the .25 entries generally pertain to tasks, sometimes multiple tasks, that could well have exceed 6, 10 or more minutes. The court accordingly rejects this defense claim.

Second, Dodg asserts that excessive time was incurred in drafting the complaint by attorney Dershowitz, which involved 127.75 hours of attorney time valued at $56,187.50. Hadley, who has no apparent expertise in similar litigation, asserts that $45,987 should be deducted as excessive. Dodg argues that the complaint was “far more detailed than what a court might expect from a judicial council form…” (Opp. at p. 6.) The complaint—23 pages long—is indeed longer than a judicial council form, as is appropriate given the scope and complexity of the case.

Moreover, the complaint addresses complex factual and legal issues and was prescient about the primary issues in the case. The scope of the case—and the draft—increased over time to reflect additional properties and factual developments. Moreover, the complaint itself led to several admissions at trial based on verified answers, thus confirming the utility of the detailed complaint. While there were numerous revisions and re-edits of the complaint to take into account input from other lawyers and factual developments, the court cannot say that the time incurred was unreasonable, especially given that the complaint turned out to be a largely accurate roadmap of the case leading to judgment.

Third, defendant challenges asserted “double staffing” at depositions and appearances. It does not challenge staffing at trial. It notes that two attorneys attended a single case management conference—the only one of many such conferences attended by more than one plaintiff-side biller. Plaintiffs note this was the last conference before trial where substantive issues were addressed. Defendant questions the attendance of two attorneys at depositions, again relying on Hadley, who lacks experience in cases like this and is not a lawyer. In any event, the court does not find it unreasonable to have two attorneys at depositions where multiple properties and overlapping issues were involved.

Finally, defendant challenges the time spent on the motion for fees, noting that plaintiff’s counsel Hugo incurred 75.75 hours and Rahman 41.25 hours on the motion, for a value of $69,668.75.

The fee motion was supported by extensive declarations of counsel documenting hours and five declarations of expert attorneys regarding the lodestar and multiplier calculations. While defendant does not point to any specific excessive time involved in drafting the motion and plaintiffs’ counsel’s declarations, it faults plaintiff for submitting 5 expert declarations, although it did not quantify the time it asserts was unnecessary in preparing these declarations. Given the substantial hours incurred in this case and the multiplier sought, it was not unreasonable for plaintiffs to submit a robust motion. That said, the motion does appear to include redundant declarations and an inordinate amount of time by the two lead attorneys. Unlike at CCP §1021.5 571

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse
ORDER re: Hearing on Motion for Attorney Fees filed by The People of the State of California (Plaintiff); City of Oakland (Plaintiff) Page 4 of 6 motion, where there are substantial issues of entitlement to fees, or a catalyst case where causation is a central question, the right to fees here was mandatory. Since the court granted a broad judgment for plaintiffs, there was no question that plaintiffs were entitled to a fully compensable fee. The court accordingly exercises its discretion to reduce the amount awarded for the motion to $49,000. Plaintiffs are entitled to additional fees incurred in reply and for the hearing. The court will consider an increase of the award to reflect this additional time based on a declaration of counsel.

Multiplier
The lodestar calculation is but the first step of the fee calculation. It may be increased or lowered to take into account numerous factors “in order to fix the fee at the fair market value for the legal services provided.” (PLCM, supra 22 Cal. 4th at p. 1095.) Plaintiffs seek an enhancement of their merits (excluding fee motion) work based on: 1. exceptional skill and results; 2. novelty and difficulty of questions involved; 3. contingent risk; 4. preclusion of other employment; 5. public Funding and 6. advancement of public interest. There is authority allowing the court to consider each of these factors, (Serrano v. Priest (1977) 20 Cal.3d 25, 49; Ketchum v. Moses (2001) 24 Cal.4th 1122.) The court must be mindful, however, that the lodestar may fully take into account some of these factors and should not be double counted. (See e.g. Flannery v. California Highway Patrol (1998) 61 Cal. App. 4th 629, 647; Northwest Energetic Services, LLC v.

California Franchise Tax Board (2008) 159 Cal.App.4th 841, 880.) But it is also important to consider what the lodestar does not normally consider: “the unadorned lodestar reflects the general local hourly rate for a fee-bearing case; it does not include any compensation for contingent risk, extraordinary skill, or any other factors a trial court may consider under Serrano III.” (Ketchum, supra. 24 Cal.4th at p.1138.) Thus, normally the lodestar is enough to take into account factors such as the skill of counsel and the result obtained as well as the complexity and novelty of the issues in the case. In this case, the plaintiffs incurred over 2800 hours of work to litigate this case (2621 hours for which they seek compensation). The number of hours itself reflects the complexity of the action. But the court considers several factors that augment the lodestar analysis. First, there is no question that plaintiffs not only succeeded in this case to an extraordinary extent, obtaining one of the largest judgments in a case like this as well as a broad injunction. The judgment will not only deter defendants but will likely have a broad effect in the city as whole as well as other communities.

The case thus undoubtedly advanced the public interest. What makes this result all the more remarkable is that it was the product of a group of relatively inexperienced lawyers. Lead counsel Rahman graduated from law school in 2016 and co-lead Hugo in 2015. These are associate level, not partner level counsel. They faced off at trial against 3 partner level attorneys from a major law firm. To use a sports analogy, plaintiffs’ counsel punched well above their weight.

The court had the opportunity to observe plaintiffs’ counsel throughout this litigation and can attest to the superior representation they gave. They were superbly prepared and organized. They had a strategic plan that they flawlessly executed. In short, they did the work the court would expect to see from much more senior level counsel. Even at the lodestar level, as plaintiffs ’experts attest, the hourly rates sought for plaintiffs’ counsel were at the lower end of the market and could easily have been increased substantially and still been within the market range. Even if the court accepts the hourly rates as appropriate for counsel of these years of experience, these rates should be augmented to take into account representation that would have been expected for 572

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse
ORDER re: Hearing on Motion for Attorney Fees filed by The People of the State of California (Plaintiff); City of Oakland (Plaintiff) Page 5 of 6 a more senior level of experience. Here “the quality of representation far exceeds the quality of representation that would have been provided by an attorney of comparable skill and experience billing at the hourly rate used in the lodestar calculation.” (Ketchum, supra. 24 Cal.4th at p. 1139.)
The court accordingly finds that the rates of Rahman and Hugo should be augmented by 50%, which would mean they would be valued at $712 and $750 per hour, still relatively modest rates.

Since these two attorneys account for nearly 63% of the lodestar, this means an enhancement their rates would yield an overall enhancement of at least 30%.

The court also considers the fact that not only was this case publicly funded, but that it precluded other representation by the relatively small affirmative litigation unit of the City. Any fees awarded would not inure to the individuals who acted as counsel, but to the City that employed them, a factor defendant concedes supports a multiplier. What makes these factors particularly significant is that there was no guarantee of success and that if plaintiffs failed, there would be no fee recovery. In short this was a fully contingent case. While defendant notes the plaintiffs’ counsel were salaried employees and there was no retainer agreement, these are not relevant factors. Indeed, the market-based fee analysis doesn’t turn on whether a lawyer has paying clients, or the cost of counsel. Rather, the issue is how the market would value the work of counsel of similar skill and experience doing similar work. “The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.” (Ketchum at p. 1134, quoting PLCM Group, Inc., supra 22 Cal.4th at p. 1095.). Thus, in-house counsel in PLCM was properly awarded fees based on market rates, not based on their salaries or overhead. (Id. at p. 1096-1097). The same is true for other types of non-billing, salaried lawyers, like non-profit legal aid lawyers. (Blum v.

Stenson (1984) 465 U.S. 886, 895-896.). There is no authority denying this same approach for in-house government attorneys.

As Ketchum noted (Id. at 1138), the contingency factor addresses how the market would value work where there is no guarantee of payment. The hourly rates used in the lodestar analysis are based on rates where there is a guarantee of payment. Here, the case was contingent, and plaintiffs faced a formidable opposition that led to a full trial on the merits. Defendant’s post-hoc assertion that the case presented no risk is simply not credible, particularly where the case failed to settle despite multiple settlement conferences and negotiations. Simply put, cases do not go to trial where there is no risk, at least where there is competent counsel on both sides, as is true in this case.

The court considers the opinions of plaintiffs’ experts as to the appropriateness of a contingency multiplier, reported cases, and the court’s own knowledge and experience. Dodg offers no contrary expert opinion nor any market-based analysis regarding contingent risk. Case law provides no specific mandatory benchmark—multipliers of .25 to 4 have been reported. The court finds an appropriate multiplier for contingent risk in this case is at least 1.75, if not more.

Combined with the enhancement based on superior representation and considering the other multiplier factors listed above such as preclusion of employment, exceptional results, public funding and public interest, the court finds that an overall multiplier of 2.1 is appropriate for the case.

The court accordingly awards plaintiffs $2,320,554 for the case in chief, based on a lodestar of $1,105,026 and a 2.1 multiplier, and $49,000 fees on fees. Plaintiff may submit a declaration for additional fees incurred in preparing the reply and attending any hearing on this matter. 573

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
Rene C. Davidson Courthouse
ORDER re: Hearing on Motion for Attorney Fees filed by The People of the State of California (Plaintiff); City of Oakland (Plaintiff) Page 6 of 6

IT IS SO ORDERED
The Court orders counsel to obtain a copy of this order from the eCourt portal.

Dated: 02/01/2022
574

May 16, 2023
Police Department
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: First Contract Amendment with Data Ticket, Inc.

FINANCIAL IMPACT: The proposed annual fee of $7,500 and the monthly fee of $150 will be offset by false alarm revenue collection during the term of the contract for a total of up to
$30,000, after including a $2,100 contingency – account string 01196021-400538.

PREVIOUS COUNCIL
ACTION:

November 15, 2022

STATEMENT OF THE
ISSUE:

After Data Ticket Inc. was selected from a competitive
process to provide collections, payments, and related
services for Parking Citations, Richmond Police
Department determined that the same vendor has the
capability to provide on-line payment, permitting and
collection services for the City’s False Alarm Reduction and Enforcement Program. The Police Department
would like to amend the Agreement with Data Ticket to
add false alarm permit collection and services to the
scope of services.

AGENDA
REPORT
575

May 16, 2023
RECOMMENDED ACTION: APPROVE a First Amendment to the Agreement with Data Ticket, Inc. to expand the scope of services to
include on-line payment, permitting, and collection
services for the City’s False Alarm Reduction and
Enforcement Program, and to increase the payment limit
by $30,000, to include a contingency of $2,100, for a total payment limit not to exceed $60,000, with a term of
January 1, 2023 to December 31, 2026 – Police
Department (Chief Bisa French 510-621-1802).

DISCUSSION:

In November of 2022, the City Council approved an Agreement with Data Ticket, Inc. for parking citation services, including collections, payments, and other related activities.

Data Ticket was selected as part of a competitive process, which included a Request for Proposals. Richmond Police Department staff continues to be satisfied with Data Ticket’s performance under the Agreement.

The Department, however, continues to require assistance in administering services under its False Alarm Reduction and Enforcement Program including false alarm tracking, billing, and fulfilling the registration and payment of alarm permits. During the process of onboarding Data Ticket's parking citation collections services, the Department discovered that it could leverage the same platform to also track and manage false alarm permitting, collections, and related services.

Additional services include an online permit application to be used by the City and its residents to register for and obtain alarm permits. The online permit application can also be used by the City’s Personnel to manage the permitting process.

The solution will provide residents with the following capabilities:
• Ability to register online and apply for permits;
• Ability to submit up to three documents online via the web to prove they are a resident (i.e., business license, etc.);
• Obtain an online temporary permit with expiration date to be printed directly from patron’s computer;
• Ability to pre-purchase permits for upcoming years;
• Tracking of all permits;
• Storage of all permit data online; and
• Live, bi-lingual customer service agents available M-F, 8:00 a.m. -5:00 p.m. who will process registration requests, answer specific and general permit questions. and provide fulfillment assistance.

While the Department is requesting an increase in payment authority in the amount of $30,000to account for three annual payments of $7,500 and monthly fees in the amount 576

May 16, 2023
of $150 over the three-year contract term, it is not anticipated that adding these services will require any additional net outlay. The revenue collected from false alarm permits, fees, and collections is expected to offset any additional payments. The noted $2,100 contingency is for additional collection, billing, or mailing services offered by Data Ticket, which vary by the item (i.e., $0.85 per letter sent on our behalf, $0.50 for each call resolved by Data Ticket’s customer service). At this time, Richmond Police Department does not have any plans to outsource the aforementioned items, but reserves the right to do so, if deemed fiscally reasonable.

The Department is requesting City Council authorization to amend this Agreement with Data Ticket to help streamline and consolidate services under a single vendor reducing administrative oversight costs, processes, and payment processing centers.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Amendment to the Contract
577

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
578

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:

By:

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

By:

By: Title:

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
579
For the Contract between the City of
Richmond and

EXHIBIT A

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

Police Department
580
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 PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 581
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:

582
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, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 583
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. 584
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 Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these records available to authorized representatives of the CITY, the State of California, and the United States Government.

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 585
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 586
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.
587
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 588
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 589
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 590
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 591
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.
592
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 593
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. 594
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. 595
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):
596
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.
597
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
598
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 599
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
600
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EXHIBIT H
633
ARTICLE XII – SECURITY PROVISIONS

12.1 Security Provisions: AGENCY agrees to follow all defined security requirements including but not limited to:

A) All AGENCY employees who are provided access to services provided by COMPANY must complete a background check and must complete annual security awareness trainings.

B) All AGENCY employees must sign security agreement documents subject to the source state of the information being obtained by DMV entities.

C) AGENCY must inform COMPANY within 24 hours of an AGENCY  employee with access to COMPANY services leaving their role.

D) AGENCY must inform COMPANY of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.

E) AGENCY understands and agrees that security requirements may change and be updated to reflect the most current security requirements of the government agencies we work with to obtain vehicle registered information.

F) AGENCY understands that evidence of the security requirements may be requested to comply with COMPANY audit requirements of the governmental agencies we work with.

G) AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused.

12.2 Permissible Use Provisions: AGENCY agrees to follow all defined permissible use requirements including but not limited to:

A) All AGENCY employees who are provided access to services provided by CONTRACTOR must receive annual training on permissible use of state agency information.

B) All AGENCY employees must sign permissible use agreement   documents subject to the source state or government agency where the vehicle registered owner information is being obtained.

C) All AGENCY employees will be instructed of the confidentiality of information obtained from a government agency and the proper use of that

EXHIBIT I
634
information based on job responsibility, which must not involve immigration purposes.

D)   AGENCY must inform CONTRACTOR within 24 hours if data has been    misused in such a manner that might constitute data misuse or a data breach.

E)   AGENCY must inform CONTRACTOR of any breach of information within 24 hours, so the appropriate government agencies can be notified of the breach.

F)  AGENCY understands and agrees that permissible use requirements may change and be updated to reflect the most current permissible use requirements of the government agencies CONTRACTOR works with to obtain vehicle registered information.

G)  AGENCY understands that evidence of the permissible use requirements may be requested to comply with CONTRACTOR audit requirements of the governmental agencies CONTRACTOR works with.

H)  AGENCY understands that tracking of activity will occur for annual reviews to be conducted by CONTRACTOR to ensure the confidentiality and privacy required for government agency provided information.

I) AGENCY understands that all information obtained through government agencies is considered subject to the Drivers Privacy Protection Act (DPPA) and agrees that no disclosures of information will be made that would constitute a violation of this act.

J) AGENCY understands and agrees that access to confidential registered owner information may be immediately restricted or terminated if any of the mandatory provisions above are found to be violated or abused. 635

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.

636
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.
637
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
638
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

Service Plan
639
2603 Main Street, Suite 300
Irvine, CA 92614
O: 949-428-7241; F: 949-281-3195
www.ClientServices.com
4/24/2023 PROPRIETARY AND CONFIDENTIAL INFORMATION
City of Richmond Alarm Permit Cost Model
Description of Services Cost per Instance
Online Permit Application:

Online permit application to be used by the City and its Patrons to register for and obtain alarm permits. The online permit application can also be used by the City’s Personnel to manage the permitting process
The solution will provide the City’s Patrons with the following capabilities:
 Ability to register online and apply for permits
 Ability to submit up to 3 documents online via the web to prove they are a resident (i.e., business license, etc.) if applicable
 Provide online temporary permit with expiration date to be printed directly from patron’s computer
 Ability to create a login name and password to the solution with which the user may manage all future permits
 Ability to pre-purchase permits for upcoming years
 Ability to re-use data previously entered to purchase new permits  Tracking of all permits
 Storage of all permit data online
 Acceptance of Visa, MasterCard, Discover and American Express  Live, bi-lingual customer service agents available M-F, 8:00am-5pm who will process registration requests, answer specific and general permit questions and provide fulfillment assistance
The Solution will provide the following capabilities to the City’s personnel:
 Ability to register all permit types within the permit solution online  Ability to accept documentation & scan into the solution  Ability to generate reports on permits issued
 Ability to search for permits by resident/business
 Ability to modify permit holder information
 Online training of all City personnel
$7,500.00/Annual
Fee – Per Permit
Type
OR
$2,500.00 Initial fee
AND
$2,000.00/month
(regardless of the
number of permit
types)
Attachment A-1
640
2603 Main Street, Suite 300
Irvine, CA 92614
O: 949-428-7241; F: 949-281-3195
www.ClientServices.com
4/24/2023 PROPRIETARY AND CONFIDENTIAL INFORMATION
Description of Services Cost per Instance
Permit Fulfillment (if using physical permits) - Optional Services for the above-mentioned item includes:
 Assignment of each permit per successful registration  Generating and mailing a custom notice to each successful registrant with an assigned permit
 Includes Postage – USPS first class rate
$6.00 per permit Fulfilled
And
$.85 per letter sent
Permit Approval/Denial Process - Optional
 Approval or Denial of documents by Data Ticket
$7.00 per approval/denial
Permits (if using physical) - Optional
 Cost of sticker permit – depending on size and quantity chosen TBD
Email Blasts - Optional
Generating and sending custom notification/information
to prospective or active permit holders
TBD
Per Customer Service Call Accepted by Contractor $.50 per call In Trust/Escrow Account – Optional
Services for the above-mentioned item include:
 Daily deposits of funds to the Agency’s escrow account  Processing of all credit card charge-backs and Insufficient Funds
 Month-end reconciliation of all funds collected
 Payment of Data Ticket’s invoice
 Disbursement of the net remittance to the Agency
 Scanning of checks/money orders directly to joint bank account daily using remote check deposit
The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year.
$150.00/month
Banking Fees:

Data Ticket will pass all banking fees on to the City’s patrons who wish to pay by credit or debit card
$3.50 per transaction
Refunds – For Agencies that opt for an Escrow/In Trust
Account:

Issuance of all refunds to individuals who are due a refund via 1st class mail
$5.00 per issued refund
Credit Card Charge Backs:

Processing of each chargeback
$33.50 per chargeback
641