Agenda — Richmond City Council, June 20, 2023 (part 2 of 9)

June 20, 2023
City Attorney's Office
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Nickie Mastay, Deputy City Manager
Sharrone Taylor, Interim Director of Human Resources
Subject: Request Authority for the City to Settle Potential FLSA Claims
FINANCIAL IMPACT: City to issue one-time back payments in an amount up to approximately $510,000 to up to 168 current and former
City police officers in FY 23-24. City to change overtime calculation practices on a prospective basis that will
increase overtime compensation by approximately
$52,000 per year.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Under the Fair Labor Standards Act (FLSA), 29 U.S.C.
201, et seq., employee overtime rates must be calculated to include the value of all compensation paid to the
employee unless expressly excluded by the statute
itself. At issue is whether the FLSA permits the City to exclude the value of the holiday payments officers
receive per their labor agreement from the overtime rate calculation. This settlement resolves employees’
individual claims to recover back pay and liquidated
damages under this theory in exchange for the one-time
payments and prospective changes identified above.

AGENDA
REPORT
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June 20, 2023
RECOMMENDED ACTION: APPROVE a settlement agreement in the amount up to $510,000; and AUTHORIZE the city manager to execute
the settlement agreement on behalf of the City – City
Attorney’s Office (Dave Aleshire/Nickie Mastay/Sharrone Taylor 510-620-6509).

DISCUSSION:

The City of Richmond must comply with the legal requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., which regulates minimum and overtime wages owed to employees. One of the requirements of the FLSA is that overtime compensation must be paid at 1.5 times the “regular rate,” (29 U.S.C. 207(a)), which is an hourly rate calculated to include the value of all compensation earned by an employee for their regular work. Over the past four years, the City has been evaluating FLSA compliance with regard to the overtime rate paid to members of Local 188 and the Richmond Police Officers’ Association (RPOA). After evaluation and negotiation, the City has agreed to modify its pay practices to address possible FLSA concerns with the overtime rate calculated for Local 188 and RPOA. Having already resolved the claims with Local 188, the City and RPOA, on behalf of its members, have now come to a resolution of possible claims RPOA members could have brought against the City under the FLSA regarding the overtime rate calculation. Under the negotiated settlement terms, the City will make prospective changes to its overtime calculation practices for RPOA members and will issue one-time payments to current and former employees in exchange for their release of FLSA and other unpaid overtime claims against the City.

The settlement with RPOA is consistent with the settlement terms the City negotiated with Local 188. The City recommends approval of the settlement agreement.

DOCUMENTS ATTACHED:

Attachment 1 – Settlement Agreement
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and Release of Claims (“Agreement”) is entered into by and between the City of Richmond (“City”) and the individuals listed in Exhibit A to this Agreement (collectively referred to as “Officers”). The City and Officers may be individually referred to herein as “Party” and collectively referred to as “Parties.”

RECITALS
A. Whereas, Officers are or were employed by the City and are or were members of the Richmond Police Officers Association (RPOA) between 2018 and the present; and B. Whereas, the City is subject to the Fair Labor Standards Act (FLSA), 29 U.S.C. section 201, et seq., and Officers are entitled to overtime pursuant to 29 U.S.C. section 207 of the FLSA; and
C. Whereas, pursuant to negotiated provisions of the Memorandum of Understanding (MOU) between the City and the RPOA, Officers have been entitled to holiday in lieu pay (“holiday in lieu”) of between fifty six (56) and one hundred and twelve (112) hours per year, paid in periodic installments; and
D. Whereas, in July 2020, the City began discussions with RPOA representatives regarding the possible effects of holiday-in-lieu pay on Officers’ overtime compensation (“Holiday in Lieu Practices”); and
E. Whereas, as part of this evaluation, the City conducted an audit of RPOA members’ holiday-in-lieu pay and overtime hours worked to calculate possible back pay owed to Officers under the FLSA and MOU due to the City’s Holiday in Lieu Practices; and F. Whereas, the City disputes the application of the FLSA to the City’s Holiday-inLieu Practices and disputes the City owes Officers back overtime under any legal theory (“Bona Fide Dispute”); and
G. Whereas, the City has reviewed its overtime practices, and the Parties have engaged in arms-length settlement negotiations regarding Officers’ overtime claims in an attempt to resolve their differences and evaluate the data relevant to a settlement calculation; and H. Whereas, throughout the Parties’ settlement negotiations, all Parties were and continue to be represented by counsel experienced in wage and hour and employment matters; and
I. Whereas, as part of the Parties’ settlement negotiations, the City agreed to incorporate its holiday-in-lieu benefit into its overtime calculation practices applicable to current employees effective the 28-day 207(k) work period that began May 15, 2022, using an agreedupon method that meets the City’s minimum FLSA obligations; and 273

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J. Whereas, based on the outcome of the City’s review and ongoing discussions with the RPOA, the Parties have agreed to address and settle any potential claims Officers may have arising from or related to the City’s Holiday-in-Lieu Practices; and K. Whereas, the Parties wish to avoid the potential uncertainty, expense, and delay of litigation and have therefore, based upon their arms-length negotiations, agreed to a settlement of the Bona Fide Dispute; and
L. Whereas, the Parties’ settlement negotiations have involved reviewing calculation spreadsheets and sharing relevant payroll and timekeeping records showing how much compensation may be owed to each Officer due to the City’s Holiday-in-Lieu Practices; and M. Whereas, the potential recovery at trial, if any, remains unknown, but the Parties believe that the terms of this Agreement are consistent with and within the range of a reasonable result that Employee might expect to obtain if they prevailed after a trial; and N. Whereas, the City asserts that it has waived credits that it may take against any alleged liability for underpayment of wages as consideration for this agreement; and O. Whereas, the Parties agree that the City’s calculation of back pay amounts owed is not a subversion of the FLSA, and is consistent with and within the range of a reasonable result that Employee might expect to obtain at trial; and P. Whereas, the Parties desire a settlement that is full and complete, resolving all current and potential grievances, disputes, controversies, claims and possible actions between them arising out of this Bona Fide Dispute.

NOW THEREFORE, in consideration for the mutual promises and undertakings of the Parties as set forth below, the Parties enter into this Agreement and agree as follows:

TERMS

1. SETTLEMENT AMOUNT
If all conditions described in this Agreement are met, the City shall pay a total of up to $509,865.51 to Officers resolve this Bona Fide Dispute (“Settlement Amount”). The allocation of the Settlement Amount is set forth in Exhibit A. The Settlement Amount represents all agreed-upon consideration provided to Officers to resolve this Bona Fide Dispute, and represents all back wages, liquidated damages, interest, attorneys’ fees and costs, and any other relief Officers could recover arising from or relating to this Bona Fide Dispute, under any legal theory, under the maximum applicable statute of limitations.
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a. Delivery of Agreement
The RPOA agrees to deliver a copy of this Agreement and exhibits to all Officers via email, mail, or hand delivery within seven (7) days of the Effective Date of this Agreement. b. Current Employees
Officers who are current City employees must sign and return their Individual Signature Page, attached as Exhibit B to this Agreement, to the RPOA. No later than twenty-one (21) calendar days from the Effective Date of this Agreement, the RPOA shall provide the City with a copy of all signed Individual Signature Pages from current employees. The City will not issue any payment to any Officer until it has received a signed Individual Signature Page from every currently-employed Officer. If the City has timely received signed Individual Signature Pages from every current Officer, the City will issue payment to each currently-employed Officer no later than sixty (60) days from the Effective Date of this Agreement. c. Former Employees
Individuals who are former City employees must sign and return their Individual Signature Page, attached as Exhibit C to this Agreement, to the RPOA. No later than thirty (30) calendar days from the Effective Date of this Agreement, the RPOA shall provide the City with a copy of all signed Individual Signature Pages from former employees. No later than seventy (70) days from the Effective Date of this Agreement, the City will issue checks to each former employee who submitted a signed Individual Signature Page by sending such payment in check form to the RPOA. RPOA will be responsible for delivering the checks to former employees. RPOA agrees to indemnify the City in the event RPOA fails to deliver checks to former employees pursuant to this Agreement.
d. Tax Admonishment
The payments will be subject to tax withholdings as required by law. Officers acknowledge that the City has made no representations to them or their counsel regarding the tax consequences of any amounts received by them pursuant to this Agreement. Officers agree that the City is not responsible for any tax liability they may suffer.

2. RELEASE OF CLAIMS
Officers, and each of them, on behalf of themselves, their spouses, domestic partners, heirs, representatives (including the RPOA), successors and assigns, accept and agree to this settlement, and understand that Officers’ acceptance of and agreement to this settlement constitutes a full and complete settlement of all Officers’ FLSA, contractual, or other overtime claims and/or grievances relating to or arising from the City’s Holiday in Lieu Practices, in any venue, that may exist or have existed up to and including the Effective Date of this Agreement, including any and all claims for unpaid wages, liquidated damages, punitive damages, interest, and attorneys’ costs and fees, under the maximum statute of limitations. Officers hereby fully, finally and completely release, waive and discharge the City, and its officials, officers, agents, employees, representatives, attorneys, successors and assigns, from any further claims for back overtime wages or other damages arising from or relating the City’s alleged failure to pay all 275

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overtime compensation required under the FLSA and the MOU from the City’s alleged failure to pay all overtime compensation due to the City’s Holiday in Lieu Practices, in any venue, occurring up to and including the Effective Date of this Agreement. The Parties understand that this release does not include claims relating to conduct or activity that occurs after the Effective Date of this Agreement. Officers reserve the right to pursue any claims they might have for events occurring after the Effective Date of this Agreement.

All Parties to this settlement understand that this release extends only to all grievances, disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, arising from or attributable to claims related to or arising from the Bona Fide Dispute up to and including the Effective Date of this Agreement. The Parties understand that this release does not include claims relating to conduct or activity not relating to or arising from this Bona Fide Dispute or to any conduct or activity that occurs after the Effective Date of this Agreement. The Parties understand that this is a compromise settlement of disputed claims, and that nothing herein shall be deemed or construed at any time or for any purpose as an admission of the merits of any claim or defense.

Officers further acknowledge that any and all rights granted them under section 1542 of the California Civil Code are hereby expressly waived regarding Officers’ claims relating to or arising from the Bona Fide Dispute up to and including the Effective Date of this Agreement, but not as to other claims. Section 1542 of the California Civil Code provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

3. KNOWLEDGE OF THE PARTIES
The Parties understand and agree to the settlement, this Agreement, and the terms and conditions contained in this Agreement, and enter into this Agreement knowingly and voluntarily. Officers have been advised that they have the right to seek legal advice with respect to this Agreement, including the release, and have had the opportunity to consult with counsel of their choice. The Parties have investigated the facts pertaining to the settlement and the Agreement and all matters pertaining to them as deemed necessary. The Parties have relied upon their judgment, belief, knowledge, understanding, and expertise after having been afforded the opportunity to consult with their counsel concerning the legal effect of the settlement and its terms. By signing this document and the Individual Signature Pages, the Parties signify their full understanding, agreement, and acceptance of the Agreement.

4. ENTIRE AGREEMENT
This Agreement, Exhibit A, and the Individual Signature Page forms for each Officer attached as Exhibit B and Exhibit C, constitute the entire agreement between the Parties 276

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regarding this Bona Fide Dispute. No other promise or inducement has been offered for this Agreement. Any amendments to this Agreement must be in writing, signed by duly authorized representatives of the City and Officers, and must state that the Parties intend to amend the Agreement.

5. NO ADMISSION
Nothing in this Agreement constitutes or is intended to constitute any finding of fact, admission of liability, or assessment of liability of the Parties with respect to any claim that has been asserted or could be asserted.

6. DUTY TO ACT IN GOOD FAITH
The Parties shall act in good faith and use their reasonable good faith efforts after the execution of this Agreement to ensure that their respective obligations hereunder are fully and punctually performed. The Parties shall promptly perform any further acts and execute and deliver any other documents or instruments that may be reasonably necessary to carry out the provisions of this Agreement.

7. INTERPRETATION AND CONSTRUCTION
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this document or the documents referred to herein, on the understanding that the Parties participated equally in the negotiation and preparation of the Agreement and the documents referred to herein, or have had equal opportunity to do so. The headings used herein are for reference only and shall not affect the construction of this Agreement.

8. BREACH, WAIVER AND AMENDMENT
No breach of this Agreement or of any provision herein can be waived except by an express written waiver executed by the Party waiving such breach. Waiver of any one breach shall not be deemed a waiver of any other breach of the same or other provisions of this Agreement. The Agreement may be amended, altered, modified, or otherwise changed in any respect only by a writing duly executed by the Parties hereto or their authorized representatives that specifically states it is a modification of this Agreement.

9. CONFIDENTIALITY AND DISCLOSURE OF TERMS
The Parties, and each of them, agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily or publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any information relating to the negotiations of this Agreement that the City may be required to disclose pursuant to the requirements of the Ralph M. Brown Act, Government Code section 54950, et seq., the California Public Records Act, Government Code section 6250, et seq., or the provisions of any other law or regulation requiring disclosure of information by public entities.
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10. MUTUAL DRAFTING
This Agreement shall be deemed to have been jointly drafted by the Parties and shall be governed by and construed in accordance with the laws of the State of California. Each Party shall bear the Party’s own associated costs of preparing this Agreement, including attorneys’ fees.

11. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California, and if necessary federal law. To the extent that any Party brings an action to enforce the terms of this Agreement, such action shall be filed and prosecuted in the Superior Court for the County of Contra Costa or the United States District Court for the Northern District of California, to the extent of that Court’s jurisdiction.

12. EXECUTION
This Agreement, and any document referred to herein, may be executed in any number of counterparts, each of which may be deemed an original and all of which together shall constitute a single instrument.

13. AGREEMENT DOES NOT ESTABLISH PRECEDENT
The Parties agree that the terms of this Agreement will not establish any precedent, nor will this Agreement be used as a basis by the Parties or anyone else to seek or justify similar terms in any subsequent case.

14. EFFECTIVE DATE
This Agreement is conditioned upon City Council approval and shall become effective on the date of the last signature to this Agreement.

Dated: , 2023 CITY OF RICHMOND
By:

Shasa Curl, City Manager

THE SIGNATURES AND RELEASES OF EACH INDIVIDUAL OFFICER ARE

CONTAINED ON SEPARATE SIGNATURE PAGES ATTACHED AS EXHIBITS B AND C AND INCLUDED HEREIN BY THIS REFERENCE.
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EXHIBIT A
280

CURRENT EMPLOYEES
Count Name Emp #
Total Wages
Owed
1 Alvarado, Alyssa 3901 $ 8,008.66
2 Bailey, Miles 1680 $ 1,565.07
3 Barragan, Esteban 558 $ 5,307.04
4 Bashan, Elizabeth 3035 $ 6,648.61
5 Branch, Robert 1990 $ 1,741.81
6 Caine, Alexander 2671 $ 7,061.84
7 Campos, Daniel 2191 $ 562.23
8 Canada, Bryant 4562 $ 50.00
9 Canelo, Mauricio 1454 $ 4,427.14
10 Castillo, Enrique 4563 $ 50.00
11 Castillo, Miguel 1805 $ 7,841.77
12 Caston, Lacquanna 2138 $ 4,216.89
13 Charles, Jarred 3996 $ 1,521.43
14 Church, Justin 3601 $ 8,422.33
15 Clark, Joshua 2490 $ 695.52
16 Cooper, Pablo 1876 $ 671.93
17 Cubit, Katie 3073 $ 5,207.61
18 Dean, Carl 2869 $ 1,862.28
19 Decious, Donovan 1821 $ 17,768.20
20 Deorian, Joseph 1765 $ 1,014.95
21 Domenici, Andrew 1408 $ 2,230.24
22 Ecker, John 3572 $ 684.84
23 Ellison, Sarita 3607 $ 2,960.58
24 England, Joseph 3609 $ 7,597.51
25 Evans, Danielle 2114 $ 990.29
26 Farr, Mariah 4321 $ 873.96
27 Finley, Khala 3471 $ 422.08
28 Fuller, Chais 3842 $ 4,119.90
29 Galloway, Alex 3725 $ 3,956.86
30 Garbarini, Joseph 3640 $ 159.19
31 Grivetti-Moore, Joanna 1334 $ 3,174.41
32 Guzman, Jaime 3641 $ 932.61
33 Guzman-Ibarra, Orlando 3180 $ 4,805.58
34 Hodges, Brandon 3218 $ 8,737.39
35 Hoffman, Brian 2812 $ 6,828.04
36 Ignont, Andrew 4178 $ 223.92
37 Johnson, Orlando 1558 $ 756.55
38 Joseph, Leah 1839 $ 76.05
39 Kaiser, Todd 2187 $ 916.75
40 Katz, Ethan 3766 $ 3,432.14
41 Lal, Rajan 3879 $ 1,946.94
42 Lemus, Kevin 3931 $ 3,862.98
43 Lewis, Gary 1607 $ 366.32
44 Llamas, Christopher 1453 $ 12,937.26
45 Lopez, John 1360 $ 2,830.54
46 Loucas, Ernest 2010 $ 7,992.16
47 Macgregor, Christopher 4296 $ 498.50
48 Mallari, Jason 4297 $ 384.17
281

CURRENT EMPLOYEES
Count Name Emp #
Total Wages
Owed
49 Marecek, Karel 3861 $ 7,156.39
50 Martin, Peter 1902 $ 1,792.52
51 Mckinney, Johnathen 3519 $ 1,835.82
52 Meadors, Jamal 4248 $ 1,193.60
53 Melgoza, Enrik 3457 $ 7,140.37
54 Mollenbernd, Tracy 659 $ 1,980.02
55 Moody, James 2614 $ 8,037.90
56 Moreno, Armando 663 $ 843.73
57 Moschetti, Vanessa 3743 $ 50.00
58 Munguia, Ruben 3072 $ 1,870.60
59 Nelson, Walton 2076 $ 906.63
60 Nguyen, Khoa 3051 $ 4,684.31
61 Nurko, Amela 3723 $ 2,832.92
62 Oliver, Erik 2701 $ 1,401.25
63 Pagaling, Michael 3470 $ 2,756.09
64 Patchin, Donald 3598 $ 3,133.73
65 Peterson, Thomas 2258 $ 9,552.70
66 Platzner, Jonathan 3236 $ 2,659.79
67 Pomeroy, Aaron 682 $ 4,804.65
68 President, Andrea 3720 $ 128.75
69 Purcell, Stephen 1606 $ 4,370.87
70 Ramos, Richard 3432 $ 7,396.10
71 Reina, Daniel 1909 $ 7,597.52
72 Ricchiuto, Michael 2928 $ 691.27
73 Rivera, Florencio 2674 $ 4,313.28
74 Roderick, William 1854 $ 2,734.41
75 Sagan, Michael 3574 $ 4,413.29
76 Salala, Jose 4295 $ 237.41
77 Sanchez, Daniel 692 $ 2,959.88
78 Santiago, Riley 3771 $ 321.69
79 Sequeira, Michelle 3965 $ 595.25
80 Shanks, Kelsey 3945 $ 1,209.11
81 Simmons, Timothy 2483 $ 1,828.76
82 Smith, Eric W 700 $ 4,509.11
83 Sousa, Jesse 3077 $ 1,749.52
84 Stewart, Savannah 2870 $ 1,273.16
85 Stonebraker, Matthew 1940 $ 6,842.72
86 Tagorda, Cedric 2188 $ 498.60
87 Temple, John 3744 $ 1,120.75
88 Terrell, Jameiz 3576 $ 6,050.79
89 Therriault, Benjamin 2432 $ 5,215.47
90 Thomas, Terry 3458 $ 7,241.03
91 Tong, Kristopher 2816 $ 5,827.49
92 Tran, Tom 4222 $ 284.58
93 Whitson, Jeffrey 1879 $ 184.45
94 Woody, Alayana 4136 $ 840.89
95 Zeidan, Bashar 1850 $ 15,018.82
$ 329,431.06
282

FORMER EMPLOYEES
Count Name Emp #
Total Wages
Owed
1 Abetkov, Nicole 758 $ 31.45
2 Agustin, Archer 3242 $ 720.29
3 Aiavao, Robert 2485 $ 83.98
4 Alexander-Smith, Denise 3514 $ 2,110.11
5 Anderson, Matthew 2115 $ 8,803.80
6 Barbara, Andrew 2352 $ 774.13
7 Bartley, Alexis 3280 $ 1,205.77
8 Bermudez, Devin 3883 $ 1,604.49
9 Bradley, Taft 3885 $ 332.91
10 Brown, Michael 2496 $ 5,772.42
11 Bruce, John 569 $ 9,177.95
12 Calderan, Cliff 2110 $ 1,943.59
13 Chou, Peggy 3472 $ 371.56
14 Cortez, Jennifer 3034 $ 4,885.18
15 Cortez, Sergio 3959 $ 66.06
16 Dandridge, Angelique 3745 $ 888.20
17 Decious, Christopher 589 $ 9,639.22
18 Diaz, Anthony 2354 $ 2,017.89
19 Ellis, Terry 598 $ 162.86
20 Ferraro, Kenneth 3597 $ 388.81
21 Fonseca, Andrew 1993 $ 941.81
22 Frevele, Douglas 4065 $ 1,272.53
23 Gard, Timothy 608 $ 8,579.00
24 Gault, Douglas 2698 $ 1,926.19
25 Gray, Timothy 613 $ 1,594.38
26 Hall, Mark 1355 $ 1,176.75
27 Jackson, Delon 631 $ 1,128.01
28 Jackson, Terrance 1567 $ 406.80
29 Johanson, Stina 1731 $ 2,291.31
30 Khalfan, Ahmed 3602 $ 3,089.39
31 Lal, Shaan 4294 $ 19.53
32 Lande, Brian 3573 $ 704.89
33 Lonso, Nathan 1857 $ 10,987.64
34 Macrenato, Byron 2227 $ 164.01
35 Mandell, Aaron 647 $ 4,422.28
36 Marson, Nicholas 3618 $ 1,027.16
37 Martinez, Vincent 3764 $ 6,945.20
38 Martinez, Yesenia 1395 $ 2,556.62
39 Marweg, Bradley 2875 $ 567.69
40 Matsui, Lane 3298 $ 1,133.06
41 Mcdonell, Christopher 4030 $ 2,847.39
283

FORMER EMPLOYEES
Count Name Emp #
Total Wages
Owed
42 Mendler, Benjamin 2735 $ 936.23
43 Meyer, Matthew 3534 $ 422.21
44 Middleton, Ramon 655 $ 5,048.22
45 Moczulski, Eric 2873 $ 143.31
46 Odegaard, Jeremy 2484 $ 2,739.52
47 Palma, Kristian 1929 $ 6,386.72
48 Pann, Ryan 4223 $ 193.32
49 Parker, Lynette 1699 $ 487.28
50 Parker, Timmy 4093 $ 13.98
51 Radetich, Sean 2814 $ 351.10
52 Reid, Ian 2225 $ 1,176.69
53 Riley, Dedrick 1587 $ 12,829.96
54 Rood, Michael 688 $ 1,087.68
55 Ruffin, Brandon 3078 $ 651.11
56 Russell, Eddie 689 $ 179.25
57 Santana, Carmen 3074 $ 353.29
58 Schlemmer, Joseph 1613 $ 571.07
59 Shanks, Mark 2113 $ 732.84
60 Shiraishi-Cang, Ann 3237 $ 7,335.96
61 Smith, Eric L 4230 $ 977.26
62 Tan, Felix 709 $ 2,987.02
63 Thomas, Virgil 710 $ 3,901.86
64 Tirona, Louie 714 $ 119.84
65 Tyner, Jeffrey 717 $ 2,108.17
66 Vallerga, Michael 2189 $ 2,616.96
67 Vanlue, Aaron 4229 $ 115.37
68 Vigil, Joseph 2672 $ 777.34
69 Villalobos, Jose 2700 $ 4,078.74
70 Wagnon, Benjamin 4015 $ 26.28
71 Walker, Jovan 3052 $ 6,605.79
72 Wentz, Jason 2872 $ 8,829.72
73 Wright, Robert 3862 $ 888.05
$ 180,434.45
284
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EXHIBIT B
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

INDIVIDUAL SIGNATURE PAGE
I, the undersigned, am currently employed by the City of Richmond. I hereby acknowledge that I understand and agree to the terms and conditions contained in this Settlement Agreement and Release of Claims (Settlement Agreement), as set forth in the above seven (7) pages, and Exhibit A.

I understand that the Richmond Police Officers Association (RPOA) and its attorneys, Rains Lucia Stern St. Phalle & Silver, PC, have negotiated settlement with the City to resolve my claim in this dispute. I have reviewed the individual settlement payment amount that I will receive as set forth in Exhibit A to the Settlement Agreement and Release of Claims and understand that my individual settlement payment amount is part of the City’s total payment of $509,865.51. I further understand that the settlement payment to me constitutes a full and complete settlement of all my claims against the City under the Fair Labor Standards Act (“FLSA”) and the Memorandum of Understanding (“MOU”) between the City and the RPOA arising from or relating to possible overtime compensation owed due to the holiday-in-lieu payments I have received from the City. My acceptance of my individual settlement payment means I have given up any right I may have to bring suit or other legal challenge under the FLSA, the MOU, or any other legal theory, for back overtime wages, liquidated damages, or attorneys’ fees and costs arising from or relating to the holiday in lieu payments I have received from the City.

I understand that my individual settlement payment amount will be reduced by state and federal taxes and/or other lawful withholding, if any.

I accept this settlement and settlement payment as fair and reasonable. Having been afforded the opportunity to consult with counsel, I voluntarily enter into this Settlement Agreement and hereby completely release the City as stated in this Settlement Agreement up to the Effective Date of this Agreement.

I certify under penalty of perjury that the foregoing is true and correct.

Signature: ______________________________________________________

Print Name: _______________________________________________________ Dated: _____________________________
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EXHIBIT C
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

INDIVIDUAL SIGNATURE PAGE
I, the undersigned, am a former employee of the City of Richmond. I hereby acknowledge that I understand and agree to the terms and conditions contained in this Settlement Agreement and Release of Claims (Settlement Agreement), as set forth in the above seven (7) pages, and Exhibit A.

I understand that Richmond Police Officers Association (RPOA) and its attorneys, Rains Lucia Stern St. Phalle & Silver, PC, have negotiated settlement with the City to resolve my claim in this dispute. I have reviewed the individual settlement payment amount that I will receive as set forth in Exhibit A to the Settlement Agreement and Release of Claims and understand that my individual settlement payment amount is part of the City’s total payment of $509,865.51. I further understand that the settlement payment to me constitutes a full and complete settlement of all my claims against the City under the Fair Labor Standards Act (“FLSA”) and the Memorandum of Understanding (“MOU”) between the City and the RPOA arising from or relating to possible overtime compensation owed due to the holiday-in-lieu payments I have received from the City. My acceptance of my individual settlement payment means I have given up any right I may have to bring suit or other legal challenge under the FLSA, the MOU, or any other legal theory, for back overtime wages, liquidated damages, or attorneys’ fees and costs arising from or relating to the holiday in lieu payments I have received from the City.

I understand that my individual settlement payment amount will be reduced by state and federal taxes and/or other lawful withholding, if any.

I understand that I should direct any questions about my settlement payment to the RPOA and/or its attorneys, Rains Lucia Stern St. Phalle & Silver, not the City.

I certify under penalty of perjury that the foregoing is true and correct.

Signature: _______________________________________________________ Print Name: _______________________________________________________ Dated: _____________________________
Mailing Address: _________________________________________________________________ Street Address City, State Zip Code
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RICHMOND, CALIFORNIA, May 16, 2023
Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:32 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent: Councilmembers Melvin Willis and Cesar Zepeda arrived after the City Council adjourned to Closed Session.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.  North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Terminal One
Agency negotiators: Lina Velasco and Dave Aleshire
Negotiating parties: Terminal One Development LLC
Under negotiation: Price and terms of payment
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Susan Hubbard gave comments regarding Item C.4 via teleconference.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:36 p.m. Closed Session adjourned at 5:32 p.m.

F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 5:49 p.m. by Mayor Martinez.

G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. Agenda Development for City Council Goals and Objectives DISCUSS and PROVIDE DIRECTION regarding the agenda to develop City Council Goals and Objectives - City Manager's Office (Shasa Curl 510-620-6512).

Mayor Martinez advised that the council would discuss and provide direction regarding the agenda to develop City Council goals and objectives for its special meeting scheduled for Monday, May 22, 2023. Mayor Martinez introduced the facilitator, Henry Gardner, and proposed the following framework for the council to consider and amend as necessary: a three-hour meeting divided into sections; the first section would be for Mr.

Gardner to provide a summary of shared goals from councilmembers with an opportunity for additions or amendments; the second session would be to prioritize general goals and areas of concern for internal and external processes for one hour; and the third section would be to determine specific objectives within the chosen goals for the remainder of the meeting, approximately two hours, with a brief summary at the end. Mr. Gardner made the following suggestions: the council ranks no more than five goals; allow time for public comment; focus on goals the council wanted to work on over the next three years; start the development strategies for each goal; continue to work with senior staff on the strategies for council's consideration at a later date; and develop a strategies reporting and measurement process. Discussion ensued. The council requested the following: ensure that strategies developed by staff aligned with the council; show priorities in the budget; develop smart goals and show time and how to achieve them; provide additional time for public comment; and a summary of previously gathered council feedback from Mr.

Gardner by Friday, May 19, 2023. City Manager Shasa Curl gave closing remarks.

L. ADJOURNMENT
There being no further business, the meeting adjourned at 6:24 p.m. 290
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M. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:25 p.m. by Chairperson Eduardo Martinez.

N. ROLL CALL

Present: Commissioners Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Chairperson Gayle McLaughlin, and Chairperson Eduardo Martinez. Absent:

Commissioner Melvin Willis arrived after the roll was called. Housing Authority Tenant Commissioner Jaycine Scott was absent for the entire meeting.

O. STATEMENT OF CONFLICT OF INTEREST
None.

P. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Richmond Housing Authority Executive Director Gabino Arredondo presented a PowerPoint that highlighted the following: Richmond Village application wait list for apartment homes was opened; and the kick-off event celebrating the Nevin Plaza rehabilitation was scheduled for May 19, 2023.

Q. AGENDA REVIEW
None.

R. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Vice Chairperson McLaughlin
Seconded by Commissioner Bana
To approve both items on the Housing Authority Consent Calendar.

Ayes (7): Commissioner Bana, Commissioner Jimenez, Commissioner Robinson, Commissioner Willis, Commissioner Zepeda, Vice Chairperson McLaughlin, and Chairperson Martinez
Absent (1): Housing Authority Tenant Commissioner Jaycine Scott Passed (7 to 1)
R.1 Contract Amendment with Pacific Site Management for Landscaping Services
ADOPT a resolution approving a contract amendment with Pacific Site Management for landscaping services at Richmond Housing Authority (RHA) properties, extending the term of the Agreement to June 30, 2025, and increasing the compensation in an amount not to exceed $117,900, for a total contract compensation amount not to exceed $342,900 - Richmond Housing Authority (Gabino Arredondo 510-620-6606). Adopted Resolution No. 2182 R.2 First Amendment to the Emergency Contract with Legacy for Boiler Pump Replacement
ADOPT a resolution authorizing a First Amendment to the Emergency Contract with Legacy Mechanical and Energy Services for $30,825 plus a revised 10 percent contingency of $3,083, for a total contract amendment amount not to exceed $33,908, to complete the replacement of the two heat pumps at Nevin Plaza, and authorize the payment of City permit fees in the revised amount of $3,200, for a total project cost amount not to exceed $55,698 - Richmond Housing Authority (Gabino Arredondo 510-620-6606). Adopted Resolution No. 2183 291
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S. ADJOURNMENT
There being no further business, the meeting adjourned at 6:29 p.m.

T. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:30 p.m. by Mayor Eduardo Martinez.

U. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: None.

V. STATEMENT OF CONFLICT OF INTEREST
None.

W. AGENDA REVIEW
Item AC.7.b (Youth Finance Institute of America contract) was removed from the Consent Calendar for discussion together with Item AF.1 (Richmond Police Activities League).

Item AC.8.a (Rental Inspection Program) was removed from the Consent Calendar for discussion as the first item under New Business.

Item AE.2 (Master Fee Schedule) was continued to the May 23, 2023, City Council meeting.

Item AF.2 (police motorcycles) and Item AF.3 (street sweeper) were joined together for discussion.

X. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (existing litigation) staff gave a status report on the Winehaven matter and there was no reportable action.

Item C.2 (labor negotiations) was discussed, and direction was given to the negotiators.

Item C.3 (anticipated litigation) was not discussed.

Item C.4 (real property negotiation) was not discussed.

Y. REPORT FROM THE CITY MANAGER (public comment was allowed under Open Forum)
City Manager Shasa Curl announced that the city was partnering with the Hilltop Community Church and Fairmede-Hilltop Neighborhood Council to host a Career Fair on May 20, 2023, at the church located at 3118 Shane Drive in Richmond. Additional information was available via email to [email protected] or by calling (510) 223-2431.

Ms. Curl reminded the senior community members that the city's 39th Annual Senior Information and Health Fair was scheduled for May 17, 2023, at the Richmond Memorial Auditorium. Additional information was available by calling (510) 620-6812.

Ms. Curl thanked all of the city staff that worked over the Cinco de Mayo weekend to help prepare and facilitate the festivities.
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Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS) (limited to two minutes per Councilmember) (public comments were allowed under Open Forum)
Councilmember Jimenez reported that she attended the Pacific Offshore Wind Summit in Sacramento on May 8-10, 2023. She announced that wind industry developers and supply chains were planning to tour the Port of Richmond in July 2023, to explore opportunities for the city to revamp the port and create jobs in the new green economy.

Vice Mayor McLaughlin announced that a community meeting was held on May 15, 2023, that explored the HomeKey grant that staff was preparing to apply for. She advised that community feedback was received for the proposed conversion of the Richmond Motel 6 to permanent housing.

Councilmember Bana reported an evacuation drill was scheduled in one of the city's neighborhoods on July 15, 2023, in cooperation with the police and fire departments.

She advised that the purpose of the drill was for more residents to learn about the community warning system.

Councilmember Zepeda thanked staff and police for helping with the Cinco de Mayo events. He reported the following: the Economic Development Commission was hosting the Taste of Richmond event at Civic Center Plaza in June 2023, and was seeking event vendors and more members; the Environmental Community and Investment Agreement Commission was seeking new members and had $60 million to put into the community; additional vans were provided for Richmond Moves shared taxi service; and the first District 2 Strategy Meeting was scheduled for May 20, 2023, at the Parchester Community Room. Councilmember Zepeda thanked Councilmember Bana for bringing the "All of Us" medical research program to the city's Cinco de Mayo events.

Councilmember Robinson announced the foreclosure sale of the Mira Flores property scheduled for May 25, 2023. She encouraged interested community members to contact her to join the Mira Flores monthly updated list. Councilmember Robinson also announced that she and Supervisor John Gioia were sponsoring a Thrive Thursdays at Martin Luther King, Jr. Park starting June 22, 2023, to provide healthy resources to community members.

Councilmember Willis thanked staff for the Cinco de Mayo events. Councilmember Willis reported that he and Councilmember Jimenez had met with concerned residents in District 1 and District 6 regarding human trafficking issues. Councilmember Willis also reported that he received inquiries from tenants regarding habitability issues and that he conducted walk-throughs of their rental units. Councilmember Willis encouraged tenants to contact his office.

City Manager Shasa Curl announced that the Richmond Bike to Work Day was scheduled for Thursday, May 18, 2023, and there were five energizer stations located throughout the city.

AA. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment was allowed under Open Forum)
Task Force member, Randy Joseph, announced that the task force was holding a Community Summit on June 3, 2023, at Martin Luther King Jr. Elementary School to receive feedback on the following subjects: traffic safety; harm reduction and overdose prevention; police policies and practices; youth employment training and safety; and poverty reduction strategies.
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AB. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remained on the Consent Calendar or items that were not on the agenda – were limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council was prohibited)
The following individuals gave comments in person:

Mark Wassberg shared his experiences from when he was homeless and gave comments regarding members of the homeless community.

Dee Karnes expressed concerns regarding the treatment of staff by the council. Ms.

Karnes gave comments against critical procurement items being delayed by councilmembers.

Don Gosney announced that Plumbers & Steamfitters Local 342 was accepting applications for its apprenticeship program. Mr. Gosney urged interested community members to contact him at (510) 685-2403 or via email at [email protected].

Randy Joseph expressed concerns regarding youth homelessness and shared his experience from when he was a homeless youth in Richmond. Mr. Joseph urged the council to support more services and safety for unhoused youth.

Rick Perez gave comments regarding the police shooting of Pedie Perez. Mr. Perez gave comments against police misconduct. Mr. Perez expressed offense to the police officer involved in the Pedie Perez police shooting using Richmond as a reference for his professional training. Mr. Perez thanked the councilmembers and chief of police for reaching out to him.

Patricia Perez expressed concerns regarding a current police misconduct case involving the Antioch Police Department and Contra Costa County Sherriff's Office. Ms. Perez gave comments regarding the Antioch police brutality case in 2014 involving Malad Baldwin and the impact that the current case had on his mother. Ms. Perez gave remarks in honor of Pedie Perez.

Jamin Pursell thanked the community for participating in the Cinco de Mayo parade. Mr.

Pursell announced the following events: Reimagining Public Safety Community Task Force Community Summit at Martin Luther King Jr. Elementary School on June 3, 2023; Annual Richmond Rainbow Pride event at Civic Center Plaza on June 4, 2023; and the Richmond Peace Walk hosted by Faith and Action at Nevin Park on May 19, 2023.

The following individual gave comments via teleconference:

Arto Rinteela welcomed the community to the Fairmede-Hilltop Career Fair on May 20, 2023. Mr. Rinteela suggested the city provide transportation to unhoused individuals for career opportunities.

AC. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Zepeda
Seconded by Councilmember Willis
To approve all items on the Consent Calendar excluding Items AC.7.b and AC.8.a. 294
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Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, Mayor Martinez
Passed (7 to 0)
AC.1 City Council
AC.1.a Support for SB567 (Durazo) Homelessness Prevention Act ADOPT a resolution in support of Senate Bill 567 (Durazo) Homelessness Prevention Act - Councilmember Melvin Willis (510-412-2050). This item was continued from the May 2, 2023, meeting.

Adopted Resolution No. 38-23
AC.1.bRecognize the 35th Anniversary of the Marinda Family Daycare PROCLAMATION recognizing Ms. Marinda Elaine Keith for providing 35 years of daycare services to Richmond residents and for creating a familial environment in which children thrive academically, socially, and emotionally - Mayor Eduardo Martinez (510-620-6503) and Vice Mayor Gayle McLaughlin (510-620-6636).

AC.2 City Manager's Office
AC.2.a Amending Ordinances related to Pacific Gas and Electric (PG&E) ADOPT an ordinance (second reading) amending Ordinance 1579 which granted a franchise for the transmission and distribution of electricity within the City to PG&E to revise the franchise fee and add a franchise fee surcharge and ADOPT an ordinance (second reading) amending Ordinance 1580 which granted a franchise for the transmission and distribution of gas within the City to PG&E to add a franchise fee surcharge - City Manager’s Office/City Attorney’s Office (Shasa Curl 510- 620-6512/Samantha Carr 510-620-5407/Dave Aleshire 510-620-6509).

Adopted Ordinance No. 05-23 N.S. and Ordinance No. 06-23 N.S.

AC.3 Community Development
AC.3.aContract with Nichols Consulting Engineers, CHTD (NCE) for on-call Professional Environmental Consulting Services Including CEQA and NEPA.

APPROVE a contract with Nichols Consulting Engineers, CHTD (NCE) for as needed professional environmental consulting services related to California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance, for an amount not to exceed $984,296.48, for a term beginning July 1, 2022, through June 30, 2024 – Community Development Department (Lina Velasco 510-620- 6841/Hector Rojas 510-620-1220).

AC.3.bContract Amendment No. 1 with David Paul Rosen and Associates APPROVE amendment No. 1 to the contract with David Paul Rosen & Associates to increase the contract limit by $150,000, for a total contract amount not to exceed $200,000, to continue to support the City in financial and economic analyses related to real property negotiations and project evaluation, with a term extending through October 31, 2024 – Community Development Department (Lina Velasco/Jesus M. Morales 510-620-6706).
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AC.4 Economic Development
AC.4.a Point San Pablo Harbor Lease Amendment
APPROVE a Lease Amendment with Point San Pablo Harbor, Inc., a California Corporation, to lease a portion of Terminal 4 through May 31, 2024, with five additional one-year extension options to potentially extend the lease through May 31, 2029 – Economic Development Department (Lizeht Zepeda 510-620-6653/Nannette Beacham 510-621-1306).

AC.5 Finance Department
AC.5.aRevision to Richmond Municipal Code Chapter 13.45 to Update Procedures Regarding Adoption of City of Richmond Fees
ADOPT an ordinance (second reading) amending Chapter 13.45 [Tax, Fee, and Charge Adjustments] of the Richmond Municipal Code to change the frequency of the fee updates from quarterly to yearly – Finance Department (Nickie Mastay/Mubeen Qader/Antonio Banuelos 510-620- 6741).

Adopted Ordinance No. 07-23 N.S.

AC.5.bContract with David Wellhouse & Associates to Prepare and File Claims for State Mandated Cost Reimbursement
APPROVE a contract with David Wellhouse & Associates in an amount not to exceed $30,000, to prepare and file claims for State Mandated Cost Reimbursement, with a term beginning July 1, 2023, and ending June 30, 2026, with a $20,000 two-year option to renew – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077/Antonio Banuelos 510-620- 6741).

AC.6 Human Resources
AC.6.aResolution Amending Staffing (Position Control)
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 Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).

Adopted Resolution No. 39-23
AC.7 Library and Community Services
AC.7.a $500,000 grant from the United States Environmental Protection Agency for RichmondBUILD
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 (Tamara Walker 510-307-8006/Fred Lucero 510- 621-1562).

Adopted Resolution No. 40-23
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AC.7.bContract with the Youth Finance Institute of America to Provide Workforce Training and Work Experience Opportunities
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).

This matter was combined for discussion with Item AF.1 (Richmond Police Activities League contract). Deputy City Manager of Community Services LaShonda White introduced the matter. Discussion ensued. The council expressed concerns regarding outsourcing work that could potentially be performed internally and how the proposed contract services met the grant commitment. Deputy Director of Employment and Training Tamara Walker provided information in response to the council's concerns.

Motion by Mayor Martinez
Seconded by Councilmember Zepeda
To approve said contract.

Ayes (7): Councilmember Bana, Councilmember Jimenez,
Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
AC.8 Mayor's Office
AC.8.a Improvements to Residential Rental Inspection Program 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).

Mayor Martinez introduced the matter. The Alliance of Californians for Community Empowerment Legal Director Leah Simon-Weisberg presented a PowerPoint that highlighted the following: how rental inspections worked today; complaint-based and routine inspections; proposed ordinance changes and new ordinance; and Tenant Habitability Plan. (At 11:00 p.m. - a motion by Councilmember Zepeda, seconded by Councilmember Robinson, to extend the meeting until 11:30 p.m., passed by the unanimous vote of the City Council). Discussion ensued.

The council expressed the following concerns with the existing rental inspection program: incomplete and faulty repairs; no inspector follow-up; and lack of written inspection records. The council suggested strengthening the existing ordinance and contracts with the rental inspection service providers. The council requested staff to include all stakeholders for feedback specifically 'mom and pop' landlords. The following individuals gave comments in person: Jamin Pursell, Blanca Retano, Santiago Morales, Toni Ortega, and Leslie Rodriguez. 297
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Motion by Councilmember Jimenez
Seconded by Councilmember Willis
To approve said direction to staff.

Ayes (6): Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Absent (1): Councilmember Bana
Passed (6 to 0)
(At 11:30 p.m. - a motion by Councilmember Zepeda, seconded by Councilmember Bana, to suspend the rules and extend the meeting until midnight, passed by the unanimous vote of the City Council).

AC.9 Police Department
AC.9.a First Contract Amendment with Data Ticket, Inc.

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).

AC.10 Public Works
AC.10.a Adopt a resolution Authorizing the City to execute the Stipulated Order with the Water Board and to pay a $69,000 Mandatory Minimum Penalty ADOPT a resolution authorizing the City to execute the Stipulated Order between the Water Board and the City on behalf of West County Agency, and to allocate funds in the Fiscal Year 2022-23 budget in the amount of $69,000 to pay the Mandatory Minimum Penalties – Public Works Department (Daniel Chavarria/Mary Phelps 510-621-1269).

Adopt Resolution No. 41-23
AD. BUDGET SESSION
AD.1 State Audit Corrective Action Plan, Pension Funding Policies RECEIVE a presentation regarding pension (CalPERS) funding policies per the California State Auditor’s 2021-806-Audit Corrective Action Plan – Finance Department (Nickie Mastay 510-620-6609/ Mubeen Qadar 510-412-2077).

Deputy Director of Finance Mubeen Qader introduced the matter. Ira Summer of GovInvest presented a PowerPoint that highlighted the following: CalPERS pension basics; comparison to other CalPERS agencies; changes to CalPERS and impact; and next steps. Discussion ensued. The council requested the following:
provide the miscellaneous comparison slide to all councilmembers; and include the assumptions and metrics basis with future presentations.

AD.2 Fiscal Year 2022-2023 Quarter 3 Budget Report and American Rescue Plan Act (ARPA) Update
RECEIVE the Fiscal Year 2022-23 Quarter 3 budget report for the period of July 1, 2022, through March 31, 2023; ADOPT a resolution to APPROPRIATE $15 million for the Main Library Upgrade project via a transfer in from the General 298
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Fund to the Capital Fund; RECEIVE a report regarding the City’s American Rescue Plan Act (ARPA) budget, Community Needs Assessment and Strategic Investment Plan; and APPROPRIATE $1 million in ARPA funds to complete the 13th Complete Street project – Finance Department (Shasa Curl/LaShonda White 510-620-6828/Nickie Mastay 510-620-6609/Mubeen Qader 510-412-2077).

City Manager Shasa Curl introduced the matter. Ms. Curl, Deputy Director of Finance Mubeen Qader, and Accounting Manager Antonio Banuelos presented a PowerPoint that highlighted the following: organizational priorities; accomplishments; state of the economy; third quarter General Fund and Non-General Fund budgets; and staff hiring trend. The council requested the number of employees that left the city. Deputy City Manager of Community Services Lashonda White, HR&A Advisors Judith Taylor, and Sarah Kirk presented a PowerPoint that highlighted the following: ARPA budget allocations; community needs assessment; and strategic investment plan and recommendations. Discussion ensued. The council requested the following: the total surplus funds projected for the end of the current fiscal year; additional information regarding the $27 million on the funds balance sheet; cost for temporary traffic safety solutions on Carlson Boulevard (from Huntington Avenue to the Interstate 580 overpass); determine if ARPA funds may be used for a public emergency shelter; consider a convenience store with the library improvements; consider the library's roof for expansion and the neighboring senior center; and seek opportunities to restore other community centers in Richmond. Tarnel Abbott gave comments via teleconference. Further discussion ensued. The council requested the following information: the number of recent vehicle accidents on Carlson Boulevard; and a report on the overall excess funds projection.

Main Motion
Motion by Councilmember Willis
Seconded by Vice Mayor McLaughlin
To accept the staff recommendation and adopt said resolution.

The motion maker subsequently withdrew the main motion.

Substitute Motion
Motion by Councilmember Robinson
Seconded by Councilmember Willis
To table this matter and bring it back to the council on May 23, 2023, after its strategic planning and prioritizing meeting scheduled for Monday, May 22, 2023.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
The council requested an opportunity to learn more about the library project, project stage, and on which upcoming agenda to place the matter.

AE. PUBLIC HEARINGS
AE.1 Raven Bioenergy Project Appeal Consideration
HOLD a public hearing on an appeal filed objecting to the Planning Commission’s conditional approval to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approval 299
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of a Conditional Use Permit and Design Review (PLN21-282) to construct and operate a bioenergy facility that converts food and green waste into transportation-grade hydrogen for various renewable energy products; and EITHER: (a.) Adopt the Resolution in Attachment 1, denying the appeal and approving the Raven project with changes to conditions of approval as represented in Exhibit C of the Resolution, (b.) Refer the matter back to the Planning Commission to consider the significant new evidence presented after its decision, identifying the evidence used as a basis for this decision, or (c.) Grant the appeal, deny the project, and direct staff to return with a resolution containing written findings consistent with this motion for final approval by the City Council - Community Development Department (Lina Velasco 510-620-6841).

Director of Community Development Lina Velasco introduced the matter. Mrs.

Velasco advised that staff received notification from the appellants withdrawing the appeal after the agenda packet was published. Mrs. Velasco further advised that it was staff's recommendation for the council to adopt the resolution noting additional changes to the conditions of approval approving the project and staff would make appropriate revisions to the resolution acknowledging that the appeal was withdrawn by the appellants. Mrs. Velasco presented a PowerPoint that highlighted the following: revised recommended action; project proposal; Planning Commission approval; and appeal action. City Attorney Dave Aleshire clarified that the appellants worked out their issues by adding revised conditions supporting the project, and a formal council action was necessary, with direction for the city attorney to make changes to the resolution. Discussion ensued.

Mayor Martinez declared the public hearing opened. The project applicants, Buchalter Land Use Attorney Alicia Guerra and RavenSR, LLC Chief Technology Officer Mike Fatigati, gave an oral report regarding mitigation monitoring measures and community benefits. Further discussion ensued. The council expressed concerns regarding the use of processed wood and high pressure. The project appellant, Community for a Better Environment Staff Attorney Connie Cho, gave comments confirming the withdrawal of the appeal. Julia Levin gave comments in person. The following individuals gave comments via teleconference: Tim Frank, Leisa Johnson, and Katrinka Ruk. Mayor Martinez closed the public hearing. Further discussion ensued.

Motion by Councilmember Bana
Seconded by Councilmember Jimenez
To adopt a resolution approving the Raven Bioenergy Project with the changes to Conditions of Approval as represented in Exhibit C of the resolution and to allow the city attorney to make changes to the resolution based on the modified conditions.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
Adopted Resolution No. 42-23
AE.2 Approval of New Fees for a Revised Master Fee Schedule INTRODUCE an ordinance (first reading) establishing certain fees for the proposed Master Fee Schedule - Finance Department (Mubeen Qader/Antonio Banuelos 510-620- 6741).

Continued to the May 23, 2023, City Council meeting.
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AF. NEW BUSINESS
AF.1 Contract with the Richmond Police Activities League to Provide Workforce Training and Work Experience Opportunities
APPROVE a contract with the Richmond Police Activities League (RPAL) to provide workforce training and employment services to 20 youth, for a term commencing April 5, 2023, and ending March 31, 2024, for a total amount not to exceed $73,700 funded by the California for All Youth grant – Community Services Department/Employment and Training (Tamara Walker 510-307-8006).

This item was continued from the April 4, 2023, April 18, 2023, and May 2, 2023, meetings.

This matter was combined for discussion with Item AC.7.b (Youth Finance Institute of America contract). Deputy City Manager of Community Services LaShonda White introduced the matter. Discussion ensued. The council expressed concerns regarding outsourcing work that could potentially be performed internally and how the proposed contract services met the grant commitment. Deputy Director of Employment and Training Tamara Walker provided information in response to the council's concerns.

Motion by Mayor Martinez
Seconded by Councilmember Zepeda
To approve said contract.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
AF.2 Purchase of Four Police Motorcycles
APPROVE the purchase of four 2023 BMW R 1250 RT motorcycles from Long Beach BMW, in an aggregate amount not to exceed $160,000, including a contingency of $10,158.44 – Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044). This item was continued from the April 18, 2023, and May 2, 2023, meetings.

This matter was combined for discussion with Item AF.3 (street sweeper purchase). Director of Public Works Daniel Chavarria and Fleet Superintendent Dee Karnes provided an oral report and presented a plan of action to develop a 10-year zero-emissions vehicle fleet transition. The council requested staff to consider electrifying/testing city vehicles and a timeframe for the transition plan. (At 12:00 a.m. - a motion by Councilmember Zepeda, seconded by Councilmember Bana, extended the meeting to have a motion on combined Items AF.2 and AF.3, and hear Item AF.5, passed by the unanimous vote of the City Council).

Motion for Combined Items AF.2 and AF.3
Motion by Councilmember Zepeda
Seconded by Councilmember Willis
To approve the purchase of four 2023 BMW motorcycles from Long Beach BMW; start an electric vehicle pilot program with Richmond Police Department and electric vehicle companies to start moving the fleet to all electric going forward; direct staff to look into the future of electric street sweepers; approve the purchase of the proposed street sweeper; seek ways to utilize Environmental and 301
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Community Investment Agreement funding for the infrastructure; and consider all alternative non gas-powered vehicles.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
AF.3 Purchase of One Crosswind Street Sweeper
APPROVE the purchase of a new Elgin Crosswind 1 Regenerative Air Street Sweeper from Owen Equipment in an amount not to exceed $430,000, including a contingency of $38,708.32 – Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044). This item was continued from the April 18, 2023, and May 2, 2023, meetings.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
AF.4 Contract with Raftelis to Provide a Workforce Analysis APPROVE a contract with Raftelis Financial Consultants, Inc. to provide a workforce analysis, in alignment with a state audit recommendation, in an amount not to exceed $200,000, with a term beginning June 1, 2023, and ending March 31, 2024; and APPROPRIATE the necessary funding – Human Resources Department (Nickie Mastay 510-620-6609/Sharrone Taylor 510-620-6803). This item was continued from the May 2, 2023, meeting.

Continued to the May 23, 2023, City Council meeting.

AF.5 Contract With Wiss, Janney, Elstner Associates, Inc.

APPROVE a sole-source contract with Wiss, Janney, Elstner Associates, Inc. (WJE), in an amount not to exceed $247,000 (approximately $180,000 for Pt.

Molate and the remaining $67,000 for the Cafeteria building), for a term beginning May 24, 2023, through June 30, 2024, to provide architectural and structural consulting services for evaluation and stabilization of certain buildings that are part of the Winehaven and Shipyard No. 3 Historic Districts – Public Works Department (Dave Aleshire 510-620-6509/Daniel Chavarria 510-620- 5478/Lina Velasco 510-620-6841).

City Attorney Dave Aleshire introduced the matter. Mr. Aleshire clarified that the intent of the contract was to authorize the first phase of dealing with the roof structures; the remaining funds would be available as the city moved forward 302
Cc16May2023 – sl/prc

Page 15 of 15 ends

through the project; and the design, cost estimates, and bidding would be presented for council's consideration at a future meeting before moving to the next phase.

Motion by Councilmember Robinson
Seconded by Councilmember Jimenez
To approve said contract with the condition that the contract language be revised by the city attorney to explicitly state that the contract authorization was for immediate repairs to the roof.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Passed (7 to 0)
AF.6 Appointment of a Retired Annuitant to Perform Critically Needed Special Project Work in the Finance Department
APPROVE the appointment of Delmy Cuellar as extra help/special project retired annuitant for a limited term, special project role not to exceed one year; and ADOPT the resolution approving the 180-day wait period exception – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Continued to the May 23, 2023, City Council meeting.

AG. ADJOURNMENT
There being no further business, the meeting adjourned at 12:07 p.m., to meet again on May 23, 2023, at 6:30 p.m.

Clerk of the City of Richmond Mayor
303
1 RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES
May 22, 2023, 10:00 a.m.

Richmond Civic Center Auditorium, Bermuda Room
403 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL
The Special Meeting of the Richmond City Council was called to order at 10:00 a.m. by Facilitator Henry Gardner.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, and Vice Mayor Gayle McLaughlin. Absent: Mayor Eduardo Martinez arrived at 10:04 a.m. and Councilmember Melvin Willis arrived at 10:19 a.m.

C. WELCOME/INTRODUCTIONS
Henry Gardner reviewed the agenda and stated the allotted time to cover each agenda item. Mr. Gardner introduced himself and gave a brief overview of the many years of his professional experience.

Mayor Martinez and Councilmembers gave comments.

D. REVIEW AND MODIFICATION OF THE AGENDA
Henry Gardner listed the goals and objectives submitted by the mayor and council as follows:

1. Funding for new library (renovation of the main library, increase hours of operation for parks and recreation facilities)

2. Create grants manager position with staff support (fill staff vacancies, expand vocational training programs)

3. Improve parking accessibility in neighborhoods (implementation of rental inspection program, tenant protection and rental assistance)

4. Increase sidewalk repairs (maintain and improve parks, illegal dumping)

5. Improve public safety (road repairs for safety, improve maintenance, repairs, and and landscaping on public property)

6. Increase housing supply (increase affordable housing, reduce homelessness)

7. Revitalize business (increase city revenue, develop strategic plan for part)

8. Create paths to home ownership (expand tenant eviction service assistance) E. DISCUSS, DEVELOP, and APPROVE City Council Goals and Objectives and PROVIDE direction to staff.

The council discussed the definition of clear goals and objectives. They also suggested that they rewrite the goals to better fit what they wanted to accomplish. The council also listed top five goals and consolidated categories where there was crossover. 304
2 The mayor and each councilmember expressed up to five goals as follows:

Councilmember Doria Robinson:
• Increasing access in quality housing
• Increase revenue
• Improve quality of life and community health
• Improve public safety
• Strengthen City’s internal infrastructure to improve work environment Councilmember Claudia Jimenez:
• Increase economic development
• Decrease homeless
Vice Mayor Gayle McLaughlin:
• Housing
• Infrastructure and capital needs
• Increase revenue and workforce development and jobs
• Address shoreline issues and ecological sustainability Councilmember Cesar Zepeda:
• Improve/beautify our streets
• Improve social determinants of health (i.e. hospital, library, etc.) • Improve internal processes (i.e. how people do business with the city of Richmond)
Councilmember Soheila Bana:
• Increase path to homeownership
• Increase access to parks, playgrounds and soccer fields Councilmember Melvin Willis:
• Increasing service delivery
• Improve or provide opportunities to housing relocation services for homeless and evicted
• Improve access to recreation opportunities (i.e. Skate rink) • Renovate the library
• Job training for junior and seniors in high school that are not college ready Mayor Eduardo Martinize:
• Increase accountability (for council and staff)
• Revitalize the Port
• Increasing revenues
• Increase housing
• Increasing public access to city facilities
305
3 • Improve process to make City information and services more accessible Council combined like items and provided details of what falls under each goal - Overarching City Council Goals:

1. Improve access and quality of housing, and reduce homelessness

2. Increase revenue and improve economic development

3. Improve quality of life and community health

4. Improve public safety

5. Strengthen the City’s Internal Infrastructure

6. Address Shoreline Issues and ecological sustainability F. DISCUSSION OF GOALS SUBMITTED BY MAYOR AND COUNCIL
Click the link below to see the details of the council goals and objectives.

Link to detailed goals/objectives

G. BREAK
At noon, the council took a 10 minute break.

H. RANKING OF TOP 5 GOALS
Continued to the next goals setting meeting (May 31, 2023).

I. DISCUSSION OF TOP 5 GOALS
Continued to the next goals setting meeting (May 31, 2023).

J. DEVELOP OBJECTIVES FOR TOP 5 GOALS
Continued to the next goals setting meeting (May 31, 2023).

K. PUBLIC COMMENT (LIMITED TO ONE MINUTE)
Jim Becker gave public comment regarding housing rental assistance. He requested that the council think about placing money back into the rental assistance pool. He stated that Housing First had launched and 12 people were placed on a job. Mr. Becker shared a thank you message from a resident that received rental assistance.

L. NEXT STEPS AND FINAL COMMENTS
Next Steps:
• Continue Goal Setting discussion – May 31, June 6, June 13, June 20? • Operationalize council goals through inclusion, as appropriate, during Q1 FY 23- 24 budget update
• Propose a consolidated list of objectives under the goals Mayor Martinez gave final comments.

M. ADJOURNMENT
There being no further business, the meeting adjourned at 2:05 p.m. 306
1 RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES
May 31, 2023, 4:00 p.m.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: None.

C. AGENDA REVIEW
A detailed agenda was presented as follows:
4:00 p.m. - Roll Call
4:05 p.m. - Review and Modification of the Proposed Agenda 4:15 p.m. - Confirm Consolidated List of Objectives Under Each Goal 4:35 p.m. - Prioritize Objectives Under Each Goal; Establish Timeframes for Each Objective; Identify Appropriate Lead Roles for Each Objective (Council Lead or Staff Lead)
6:30 p.m. - Public Comments
6:45 p.m. - Next Steps and Final Comments
7:00 p.m. - Adjournment
D. CITY COUNCIL GOALS
D.1 City Council Goal Setting Session
REVIEW consolidated list of objectives under each of the proposed City Council Goals and PRIORITIZE objectives and additional details necessary and PROVIDE direction. – City Manager’s Office (510-620-6512).

Henry Gardner read the Overarching City Council Goals as follows: 1. Improve access and quality of housing and reduce homelessness; 2. Increase revenue and improve economic development; 3. Improve quality of life and community health;

4. Improve public safety; 5. Strengthen the City's Internal Infrastructure; and 6.

Address Shoreline issues and ecological sustainability.

The Richmond City Council (RCC) discussed the use of a document created by Councilmember Robinson of Overarching City Council Goals as a guide to set its goals and objectives. The document organized and combined the list of objectives and provided a status of either "in progress" (IP) or “aspirational” (A) for each objective (click here to view the document). On Motion of Vice Mayor 307
2 McLaughlin, seconded by Councilmember Jimenez, approved the use of the Overarching City Council Goals document, created by Councilmember Robinson as a guide to set its goals and objectives, by the unanimous vote of the RCC.

The RCC began a review and discussion of the Overarching City Council Goals document.

The RCC recessed at 6:15 p.m. and reconvened at 6:26 p.m. with the mayor and all councilmembers present.

Discussion and review of the Overarching City Council Goals document continued and goal areas one and two, along with their respective objectives were completed. The RCC agreed to have staff review the remaining goal areas three through six to provide status updates and come back with a report at the next scheduled goal setting meeting.

The following speakers gave public comment: Elsa Steven, Debbie Bayer, Janet Johnson, and Susan Singh.

E. ADJOURNMENT
There being no further business, the meeting adjourned at 7:12 p.m., to meet again on Thursday, June 15, 2023, 4:00 p.m.

Clerk of the City of Richmond Mayor
308

Page 1 of 2 ends

June 20, 2023
City Council
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Soheila Bana
Subject: Co-sponsor the El Sobrante Stroll being held on September 17, 2023.

FINANCIAL IMPACT: $2,000 for ADA Portable Restrooms and Handwashing Stations. Staff time of employees to staff the Richmond booth and stage public safety vehicles or equipment.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The El Sobrante Stroll is an annual community event held on the third Sunday of September to promote programs
and resources. Local businesses, government agencies
and non-profits participate by staffing booths. The
request is being made because many residents in El
Sobrante Valley live in the Richmond portion of El
Sobrante.

RECOMMENDED ACTION: APPROVE co-sponsoring the annual El Sobrante Stroll by providing $2,000 for portable restrooms or procuring portable restrooms in the Richmond portion of the stroll, staffing for City booth and staging of public safety
vehicles or equipment - Councilmember Soheila Bana
(510-620-6473). This item was continued from the
June 6, 2023, meeting.

DISCUSSION:

AGENDA
REPORT
309

Page 2 of 2 ends

June 20, 2023
The El Sobrante Stroll has been a tradition of the El Sobrante community for the last 26 years. It takes place annually, on the third Sunday of September, and involves closing off the San Pablo Dam Road between El Portal and Appian Way. There are booths for local, government, and non-profit businesses, children's activities, food trucks, live music, and other activities. A typical Stroll is attended by roughly 25,000 people over the course of the day, and is promoted to West Contra Costa County communities including El Sobrante, Richmond, San Pablo, Hercules, and Pinole.

The Stroll is organized by the non-profit El Sobrante Chamber of Commerce, and the net proceeds from the Stroll help fund programs and projects for the community and especially the businesses in the community.

Unfortunately, since the pandemic, the costs of carrying out the Stroll have increased substantially, and this has prompted the El Sobrante Chamber of Commerce to look for sponsors who can help defray part of the Stroll cost. In particular, one major cost driver has been the increase in cost of providing ADA-compliant porta-potties, which is mandated by law.

Last year, it cost approximately $2,000 to provide three ADA-compliant units, three regular units, and three handwashing stations. Since many of our El Sobrante Valley residents live in Richmond, the organizers thought of reaching out to the City for help with this.

Suggested ways of support include a $2,000 grant to procure the units, or City procure the units, staff a booth and stage public safety vehicles or equipment at the Stroll.

As a co-sponsor, organizers could provide the following items that would show the support of the City to the broad West County community as one of the sponsors of the Stroll. This could include the City logo on large banners that are before the Stroll at major intersections, with visibility to thousands of motorists. Organizers try to install these banners prior to the Labor Day weekend, to allow for maximum visibility for at least two weeks. Additionally, the City of Richmond logo could be included in the promotional email blasts and social media advertising, and organizers could provide a booth to the City as part of this package. The City is encouraged to assign two staff members to manage the booth.

Other departments such as the Police Department and Fire Department are invited to participate by having safety vehicles or equipment staged at the Stroll.

The consideration of the Richmond City Council is appreciated.

DOCUMENTS ATTACHED:

Attachment 1 – Event Flyer
310

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311

Page 1 of 2 ends

June 20, 2023
Mayor's Office
DATE: June 20, 2023
TO: Members of the City Council
FROM: Mayor Martinez and Councilmember Zepeda
Subject: Recognize the Organizers of the Cinco de Mayo Parade and Festival
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

The City of Richmond has participated and recognized
organizations and staff that have planned and facilitated the Cinco de Mayo Parade and Festival

STATEMENT OF THE
ISSUE:

Recognition of the 23rd Street Merchants Association and Peace and Unity who worked diligently to organize the
Cinco de Mayo Peace and Unity parade and festival.

Thank you to all individuals and organizations who
planned and facilitated the return of one of the largest Cinco de Mayo celebrations in the East Bay.

RECOMMENDED ACTION: PROCLAMATION recognizing the 23rd Street Merchants Association and Peace & Unity for their commitment to
organizing the Cinco de Mayo Festival and Parade.

Mayor Martinez (510-620-6503) and Councilmember
Zepeda (510-620-6593).

DISCUSSION:

After three long years without our City’s biggest and happiest parade, City of Richmond’s Cinco de Mayo Peace and Unity parade returns! AGENDA
REPORT
312

Page 2 of 2 ends

June 20, 2023
The Annual Cinco de Mayo Peace and Unity Parade event originated in 2006, with the theme “Peace and Unity, Paz Y Unidad”, and it was organized after the cities of Richmond and San Pablo experienced informal and unsupervised Cinco de Mayo celebrations along 23rd Street.

Community members organized in collaboration with the City of Richmond, City of San Pablo, generous sponsors, and volunteers, for a safer and family friendly event and, thus, founded the Annual Cinco de Mayo Peace and Unity Parade. In celebration of the 15-year anniversary of this event, this year’s Cinco de Mayo Parade themed “Quince” and the City of Richmond’s Cinco de Mayo Festival on May 7th, attracted thousands of, participants, dignitaries and spectators from all over the Bay Area in celebration of Cinco de Mayo, a holiday that celebrates the date of the Mexican Army's May 5, 1862, victory over French forces at the Battle of Puebla.

Mayor Eduardo Martinez, Councilmember Cesar Zepeda and the Richmond City Council commend the volunteers who have worked tirelessly since 2006 to provide a safe and family friendly event that has become one of the largest Cinco de Mayo celebrations in the East Bay.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
313
Whereas the Annual Cinco de Mayo Peace and Unity Parade event originated in 2006, with the theme “Peace and Unity, Paz Y Unidad”, and Whereas it was organized after the cities of Richmond and San Pablo experienced informal and unsupervised Cinco de Mayo celebrations along 23rd Street, and
Whereas community members organized in collaboration with the City of Richmond, City of San Pablo, generous sponsors, and volunteers, for a safer and family friendly event and, thus, founded the Annual Cinco de Mayo Peace and Unity Parade; and
Whereas in celebration of the 15-year anniversary of this event, this year’s Cinco de Mayo Parade themed “Quince” and the City of Richmond’s Cinco de Mayo Festival on May 7th, attracted thousands of, participants, dignitaries and spectators from all over the Bay Area in celebration of Cinco de Mayo, a holiday that celebrates the date of the Mexican Army's May 5, 1862, victory over French forces at the Battle of Puebla;

Now, be it resolved, that I, Mayor Eduardo Martinez, on behalf of the Richmond city council commend the volunteers who have worked tirelessly since 2006 to provide a safe and family friendly event that has become one of the largest Cinco de Mayo celebrations in the East Bay.

Honoring the 15th “Quince” Annual Cinco de Mayo Peace and Unity Parade Mayor Eduardo Martinez
City of Richmond
June 20th, 2023
Therefore,
Councilmember Cesar Zepeda
District 2
City of Richmond
June 20th, 2023
314

Page 1 of 3 ends

June 20, 2023
City Council
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Zepeda
Subject: Authorize the City Manager to negotiate an agreement for the acceptance of Brickyard Cove Road.

FINANCIAL IMPACT: The action to authorize the City Manager or her designee to negotiate agreements with BCHOA1 and Boardwalk
Marina homeowners’ association will not have an
immediate impact on the City’s General Fund

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The BCHOA1 and Boardwalk Marina homeowners’
associations have requested that the City accept the
dedication of the private portions of Brickyard Cove Road as a public road. These organizations have offered
$300,000 to the City’s Pavement Management Program
and a fire safety gate for the City to accept the
aforementioned dedication.

RECOMMENDED ACTION: AUTHORIZE the city manager and her designees to negotiate agreement(s) with BCHOA1 and Boardwalk
Marina that provides for their $300,000 contribution to the City’s pavement management program and the safety
gate in exchange for the City’s concurrent acceptance of Brickyard Cove roadway improvements. The final form of
the agreement(s) shall be brought back to City Council
AGENDA
REPORT
315

Page 2 of 3 ends

June 20, 2023
for consideration and approval - Councilmember Cesar
Zepeda (510-620-6593).

DISCUSSION:

Brickyard Cove Road (“BYC”) was originally constructed as a requirement of a Subdivision Agreement from November 15, 1968. This agreement stated that the City would accept BYC Road when it either connected Garrard Boulevard to Canal Boulevard or the City developed public recreational facilities in the vicinity of Shipyard 3, which required access from Garrard Boulevard.

The connection to Canal Boulevard was completed in 1996. The City has not accepted BYC Road and it is still privately owned and maintained. The City has not accepted BYC Road due to staff turnover in the Public Works Department and due to the current condition of the road, which does not comply with current standards.

Currently, the funding for the maintenance of BYC Road is provided by BCHOA1 and Boardwalk Marina Homeowners’ Associations. These organizations are requesting that the City accept the dedication of the roadway improvements (road, curb, gutter, sidewalk, landscaping, etc.) and the underlying land. The agreements are proposed to include the following terms:
• BCHOA1 and Boardwalk Marina will contribute $300,000 towards the City of Richmond's pavement management program.
• Upon receipt of $300,000 and installation of the safety gate, the City will concurrently assume ownership of Brickyard Cove Road and take responsibility for its ongoing maintenance and any future improvements, as it does with other city-owned streets.
• The proposed agreements would not require immediate repaving of Brickyard Cove Road. The City’s obligation to fund the repaving would be in accordance with the Pavement Management Program's guidelines and requirements, which are developed by a third-party consultant and are currently being updated.
• The Brickyard Cove community would continue to bear the costs of roadside and median landscaping as part of the proposed agreements. • $50,000 would be allocated to install a safety gate at E Richmond Ave, designated for emergency use by the Richmond Fire Department. • The installation of the gate may necessitate the development of an easement granted to the City of Richmond by The Richmond Tech Center. 316

Page 3 of 3 ends

June 20, 2023
These points require further discussion, and the details need to be negotiated among the applicable parties. If directed by the City Council, the City Manager or her designee shall negotiate the terms of the proposed agreements and return to Council to present the finalized agreements for City Council’s consideration and approval. 317

Page 1 of 2 ends

June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Chris Castanchoa, Building Official
Subject: California Automated Permit Processing (CalAPP) Grant FINANCIAL IMPACT: The California Energy Commission Grant funds of $80,000 will be added to the Building’s Division Budget.

Specifically, revenues related to the grant will go to
account string: 15063619-334351-(project code TBD)
and expenditures to account string: 15063619-400201-
(project code TBD). The project code for the grant will be created once accepted by the City Council. The grant
term will be for two years.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

City staff is requesting City Council authorization to
accept and appropriate a $80,000 California Automated
Permit Processing (CalAPP) grant from the California
Energy Commission (CEC) to design and implement an
automated permit process for Solar Energy projects.

RECOMMENDED ACTION: ACCEPT and APPROPRIATE an $80,000 California Automated Permit Processing (CalAPP) grant from the
California Energy Commission (CEC) to design and
implement an automated permit process for Solar Energy
projects; and AUTHORIZE the city manager or their
designee to execute Grant Agreement – Community
Development Department (Lina Velasco/Chris
Castanchoa 510-620-6706).

AGENDA
REPORT
318

Page 2 of 2 ends

June 20, 2023
DISCUSSION:

The California Energy Commission (CEC) allocated funding to provide municipalities with resources to establish online solar permitting. The funds are intended to help local governments in California recover the cost of establishing an eligible automated, solar permitting platform (such as SolarApp+). The platform will serve as a tool to enhance collaboration between City staff and solar installers. The benefits include modernization of permit processing, collaboration between City building departments and solar companies, standardization of the approval process, and increased access to renewable energy for residents.

As outlined in the Grant Guidelines, by accepting the grant, the City agrees to use the funds to pay for ongoing in-house staff labor associated directly with adoption and maintenance of the automated permitting platform; third-party or consultant time associated directly with adoption and maintenance of the platform; staff training and education; training events for local installers on how to use the platform; and maintenance, such as adding support for energy storage paired with solar energy permitting, and subscription cost for permit tracking software in support of adopted permitting platform.

Per the City’s population, the City is eligible for $80,000 to implement this online platform, provide maintenance, and provide training to City staff and solar contractors.

This effort will provide City staff with resources and tools to accelerate solar adoption while ensuring home solar and storage systems are safe and compliant with building regulations. The launch of the automated permitting program is anticipated to go live this summer and training and maintenance funding will follow through December 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Final Packet Application
319

STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION

RRECIPIENT AGREEMENT NUMBER
City of Richmond APP-22-193

ADDRESS AGREEMENT TERM
450 Civic Center Plaza
City, State Zip
04/28/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1

REIMBURSABLE AMOUNT
$80,000

MINIMUM MATCH SHARE REQUIRED
$0

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$80,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME NAME
Adrienne Winuk

TITLE TITLE
Contracts, Grants, and Loans Office Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
320
ATTACHMENT 01
Grant Application Form - EXHIBIT A

1. California Automated Permit Processing {CalAPP) Program APPLICANT INFORMATION {REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):

City of Richmond
Jurisdiction Type (select one):
�City D County D City and County
Current Estimated Population State of California DeQartment of Finance DemograQhics (https://dof.ca.gov/forecasting/Demographics/):

D Less than 50,000 IXI From 100,000 to 200,000
[ 1 From 50,000 to 99,999 [jl Greater than 200,000
Project Manager Name Chris Castanchoa
(setves as point
of contact for all Street Address 450 Civic Center Plaza communications) City and Richmond
Zip Code 94804
Phone Number (510) 620-6764
E-Mail Address [email protected]

2. FUNDING {REQUIRED)
Assigned Maximum Grant Amount (select one)
I 1 Group 1 {$40,000): Population less than 50,000
[JI Group 2 {$60,000): Population from 50,000 to 99,999 IX)I Group 3 {$80,000): Population from 100,000 to 200,000 D Group 4 {$100,000): Population greater than 200,000
May 2023 Page 1 of 4
CalAPP Attachment 01
APP-22-193
City of Richmond
321

3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:

IZ] SolarAPP+
D Other. If selected, complete Section 4 (''Additional Information'') B. Please select allowable budget item(s) anticipated to be used (Select at least one):

IXI Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
IXI Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
IXI Ongoing staff training and education, specific to the platform IXI Ongoing training events for local installers, specific to the platform D Essential hardware or equipment necessary to support adoption of the platform
IXI Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot 09/2021 (Began pilot development w/SolarAPP+ staff) Full Adoption 07/2023 (Anticipated completion of full adoption) Staff Training 09/2021 (City & SolarAPP+ staff mtgs/training began) Training for Local Installers Scheduled to start 07/2023 (Complete by 12/2025) May 2023 Page 2 of 4
CalAPP Attachment 01
APP-22-193
City of Richmond
322

4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Supports immediate generation of a permit job card following payment confirmation
Blocks noncompliant applications from receiving a permit EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use

5. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

May 2023 Page 3 of 4
CalAPP Attachment 01
Yes □ No
OYes □ No
Yes □ No
OYes □ No
OYes □ No
�Yes □ No
APP-22-193
City of Richmond
323

6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Shasa Curl
Title:

Phone Number:

E-mail Address:

Date:

Signature of
Authorized
Representative:

May 2023
City Manager
(510) 412-2091
[email protected]
NOTE: Do not overlap signature with surrounding border lines.

Page 4 of 4 ends

CalAPP Attachment 01
APP-22-193
City of Richmond
324
May 2023 Page 1 of 5 APP-22-193
City of Richmond
California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions
Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.

1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform. 325
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• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.

4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following 326
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has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient 327
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agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
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No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
329
Exhibit C

CONTACT LIST
May 2023 Page 1 of 1 APP-22-193
City of Richmond
California Energy Commission City of Richmond
Commission Agreement Manager:

Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
Project Manager:

Chris Castanchoa
Building Official
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 620-6764
e-mail:
[email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:

Lina Velasco
Community Development Director
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 620-6841
e-mail: [email protected]
Invoices, Progress Reports and NonConfidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Mubeen Qader
Deputy Director of Finance
450 Civic Center Plaza
Richmond, CA 94806
Phone: (510) 412-2077
e-mail:

[email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:

James Atencio
Assistant City Attorney
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 620-6504
e-mail:
[email protected]
330
Certificate Of Completion
Envelope Id: 1B20C142D00546BB8DF6E93CB33264DA Status: Sent Subject: Complete with DocuSign: Final Packet APP-22-193 City of Richmond.pdf Source Envelope:

Document Pages: 11 Signatures: 0 Envelope Originator:

Certificate Pages: 5 Initials: 0 Pamela Redlew
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
11493 Sunset Hills Road Suite 100
Suite 100
Reston, VA 20190
[email protected]
IP Address: 134.186.116.118
Record Tracking
Status: Original
5/11/2023 2:55:54 PM
Holder: Pamela Redlew
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Energy Resources Conservation and Development Commission
Location: DocuSign
Signer Events Signature Timestamp
Shasa Curl
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 5/11/2023 3:09:36 PM
Viewed: 5/12/2023 11:28:07 AM
Electronic Record and Signature Disclosure:

Accepted: 5/12/2023 11:28:07 AM
ID: bea2e9d1-415c-439b-b307-97fc0f94ec90
Adrienne Winuk
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Chris Castanchoa
[email protected]
Security Level: Email, Account Authentication
(None) Using IP Address: 63.198.105.95
Sent: 5/11/2023 3:09:37 PM
Viewed: 5/12/2023 9:52:04 AM
Electronic Record and Signature Disclosure:

Accepted: 5/12/2023 9:52:04 AM
ID: 61300d87-d068-4b70-8828-04fe4b9fa25e
331
Certified Delivery Events Status Timestamp
Lina Velasco
[email protected]
Security Level: Email, Account Authentication
(None) Using IP Address: 63.198.105.96
Sent: 5/11/2023 3:09:37 PM
Viewed: 5/11/2023 3:27:24 PM
Electronic Record and Signature Disclosure:

Accepted: 5/11/2023 3:27:24 PM
ID: 96388d86-361b-4739-8a09-6b47d350d5ec
Carbon Copy Events Status Timestamp
Chris Castanchoa
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lina Velasco
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lucio Hernandez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Pamela Redlew
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/11/2023 3:09:37 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
332

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Energy Resources Conservation and Development Commission (we, us or Company) may be required by law to provide to you certain written notices or disclosures.

Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/17/2020 2:24:13 PM Parties agreed to: Shasa Curl, Chris Castanchoa, Lina Velasco 333
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Energy Resources Conservation and Development Commission:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Energy Resources Conservation and Development Commission of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Energy Resources Conservation and Development Commission
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Energy Resources Conservation and Development Commission
334
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Energy Resources Conservation and Development Commission as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Energy Resources Conservation and Development Commission during the course of your relationship with Energy Resources Conservation and Development Commission.
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June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Lina Velasco, Director of Community Development
Subject: Legal Services Agreement with Burke, Williams & Sorensen, LLP
FINANCIAL IMPACT: The proposed LSA would be paid using fees collected by parties the City is negotiating with or via proceeds from disposition or lease transactions. Professional Services funds are allocated in the Community Development
budget in account string: 15061219-400206

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Burke, Williams & Sorensen, LLP has been supporting
the Richmond Housing Authority on recent real estate
transactions and now Community Development staff is
seeking a new legal services agreement with Burke,
Williams & Sorensen, LLP to support staff in negotiating and representing the City in other real estate transactions representing the City and the Successor Agency to the
former Richmond Community Redevelopment Agency.

AGENDA
REPORT
336

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June 20, 2023
RECOMMENDED ACTION: APPROVE a Legal Services Agreement with Burke, Williams & Sorensen, LLP in the amount of $400,000, for a term ending June 30, 2026, to represent the City in real estate negotiations, including property disposition and/or leases to be paid for using deposits from negotiating
parties and/or transaction proceeds – City Attorney’s
Office/Community Development Department (Dave
Aleshire 510-620-6509/Lina Velasco 510-620-6841).

DISCUSSION:

Burke, Williams & Sorensen, LLP (“Burke”) has been representing the Richmond Housing Authority (RHA) in recent real estate transactions including the Hacienda and Nevin Plaza asset repositioning to improve and increase the supply of affordable housing in Richmond. Community Development staff is seeking support in negotiating amendments to the Metrowalk Phase 2 Disposition and Development Agreement (DDA), 12th and Macdonald DDA, the negotiation and drafting of financing agreements for a Homekey project, and also supporting future Surplus Land Act disposition or lease projects.

To expand Burke’s support from the RHA to the City and the Successor Agency, City staff is recommending a new Legal Services Agreement be executed in the amount of $400,000, for a term ending June 30, 2026, to provide for representation of the City and the Successor Agency in real estate negotiations, including property disposition and/or leases and financing documents.

Burke’s attorneys have substantial experience in such matters and provide special counsel services to numerous cities, housing authorities, and other public agencies throughout the Bay Area and California on redevelopment successor agency operational matters, real estate and affordable housing development and finance matters, and compliance with land use and related laws, including the Surplus Lands Act. In addition, the attorneys have been extremely prompt and thorough.

DOCUMENTS ATTACHED:

Attachment 1 – Burke, Williams & Sorensen, LLP Legal Services Agreement 337
1 LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

BURKE, WILLIAMS & SORENSEN, LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this day of June, 2023 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and BURKE, WILLIAMS & SORENSEN, LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 1999 HARRISON STREET SUITE 1650, OAKLAND, CA 94612. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS
The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from 338
2 time to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

These services may include, but are not limited to, providing advice and counsel on legal matters affecting City, performing legal research, representing City in judicial proceedings in state and/or federal court or other dispute resolution forums or before administrative agencies, negotiating contracts and drafting contracts, correspondence and other legal documents as may become necessary. These services shall also include the preparation and delivery of status reports to City as specified in paragraph 11 of this Agreement.

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2026, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than SUSAN BLOCH and MAX BLUM. It is agreed by and between the Parties that should it be desirable for any attorney other than SUSAN BLOCH or MAX BLUM to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost-effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved 339
3 hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.

Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

7. BILLING INVOICES.

Special Counsel shall, within fifteen (15) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.
340
4 Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.

12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file for any matters requested by the City and attorney work product regarding any active matter, within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City during the term of this Agreement, and to forego the representation if the City Attorney objects for any reason. Special Counsel will comply with all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their 341
5 authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.

Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. As set forth in Chapter 2.28 of Richmond Municipal Code, no discrimination will be made in the employment of any person under this Agreement because of race, religious creed, sex, sexual orientation, national origin or ancestry. Special Counsel agrees to meet all requirements of the Richmond Municipal Code pertaining to nondiscrimination in employment.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public). 342
6 18. INSURANCE REQUIREMENTS.

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit F, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND DISCLOSURE.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.
343
7 All notices, invoices, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.
344
8 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

BURKE, WILLIAMS & SORENSEN,
LLP
By:_______________________________
Title:_____________________________

CITY OF RICHMOND
____________________________
Mayor/ City Manager
Name:______________________
APPROVED AS TO FORM:
__________________________
City Attorney
345
Exhibit A
9 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

Special Counsel shall provide legal advice and assistance in connection with land use, real estate, and affordable housing development, disposition, leasing and finance matters; Successor Agency compliance and operational issues;; and other matters as requested.

City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney Schedule of Fees & Charges:

Hourly Rates through June 30, 2024. For succeeding years, hourly rates will increase on July 1 each year by the greater of 3% over the preceding year’s hourly rates or the percentage change in the Consumer Price Index over the preceding year as published by the U.S. Department of Labor Bureau of Labor Statistics Los Angeles-Riverside-Orange County Consumer Price Index-All Urban Consumers (“CPI-U”),
Rates non-cost
recovery
matters
Rates for
projects that
are cost
recoverable
Susan Bloch $425 $465
Other
Partners
$400 $450
Senior
Associates
$365 $395
Junior
Associates
$335 $350

COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Four Hundred Thousand Dollars ($400,000) for attorneys’ fees, excluding reimbursable fees paid by developers on cost-recovery matters.
346
Exhibit B
10 BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the attorney, the time spent and the exact nature of the service rendered. e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets). 347
Exhibit B
11 II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of performance of the service. e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
348
Exhibit B
12 j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. 349
Exhibit B
13 b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 350
Exhibit C
14 PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
 Anticipated total costs;
 The primary issues;
 The probability of success; and
 A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
 Pre-commencement (legal and factual research for the complaint or answer);  Pleadings;
 Preliminary motions;
 Initial discovery;
 Factual investigation of merits (interviewing clients, employees and third parties);
 Review and abstract City's documents;
 Expert (non-medical) investigation and reports;
 Medical experts and examinations;
 Legal research on merits;
 More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
 Settlement negotiations;
 Trial preparation; and
 Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
351
Exhibit C
15 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 352
Exhibit D
16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received. 353
Exhibit D
17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance. 354
Exhibit E
18 LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
355
Exhibit F
19 City of Richmond - Insurance Requirements - Type 2:

Professional Services
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 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.
356
Exhibit F
20 City of Richmond - Insurance Requirements - Type 2:

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

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.

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
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. 357
Exhibit F
21 City of Richmond - Insurance Requirements - Type 2:

Professional Services
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 claimsmade 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.

Page 1 of 2 ends

June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Shannon Moore, Chief Assistant City Attorney
Subject: Third Amendment to the Legal Services Agreement with Telecom Law Firm for Telecommunications Matters
FINANCIAL IMPACT: The cost associated with these services will be funded through wireless and wired siting application fees
collected by the Planning Division and/or revenue
collected from the leasing of City-owned property by
wireless carriers. Approval of the legal services
agreement amendment will not result in an additional
appropriation of General Fund funds. (15061219-400206)

PREVIOUS COUNCIL
ACTION:

The original agreement began on January 1, 2019. The
first amendment was approved by the City Council on
December 22, 2020. The second amendment was
approved on December 7, 2021.

STATEMENT OF THE
ISSUE:

The Telecom Law Firm provides legal and planning
services to the City regarding wireless communications
matters, including leasing of City-owned property to
wireless carriers, assistance with wireless and wired
siting applications, and updating of the wireless
communications facilities ordinance and small wireless
facilities policy. This is an amendment to increase the contract amount from $600,000 to $1,200,000.

AGENDA
REPORT
359

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June 20, 2023
RECOMMENDED ACTION: APPROVE a third amendment to the legal services agreement with the Telecom Law Firm for representation
of the City concerning wireless communications matters, including assistance with review of wireless and wired
siting applications, to increase the contract amount by $600,000, for a total not-to-exceed amount of $1,200,000 (with funds for payment generated from fees from the
wireless applications and/or from revenue collected from the leasing of City-owned property by wireless carriers) – Community Development/City Attorney’s Office (Lina
Velasco 510-620-6706/Shannon Moore 510-620-6509).

DISCUSSION:

Telecom Law Firm (TLF) has provided the City with legal representation and technical assistance for telecommunications matters to the City since 2009. The major telecommunications carriers (AT&T, T-Mobile, Verizon, and Dish) are rolling out the next generation of wireless and wired telecommunications facilities projects that require TLF’s technical and legal expertise to review and analyze.

TLF advises the City in connection with wireless and wireline telecommunications infrastructure matters, including:
(1) evaluating proposed deployments for compliance with local, state, and federal law; (2) drafting, revising, implementing, and enforcing telecommunications and wireless ordinances, policies, design guidelines, procedures, staff reports, and resolutions; and (3) negotiating, drafting, and enforcing communications infrastructure agreements for deployments in the public rights-of-way and on other government property.

The most recent legal services agreement with Telecom Law was entered into on January 1, 2019, amended in December 2020, and again on December 7, 2021.

Additional funds are needed to continue to assist the City Attorney’s Office, Information Technology, Public Works, and Planning Division with those telecommunications projects. TLF’s fees will be paid with funds generated from fees from wireless and wired siting applications and/or revenue collected from the leasing of City-owned property by wireless carriers.

DOCUMENTS ATTACHED:

Attachment 1 – Telecom Law Firm LSA, Third Amendment (proposed) Attachment 2 – Telecom Law Firm LSA, Second Amendment
Attachment 3 – Telecom Law Firm LSA, First Amendment
Attachment 4 – Telecom Law Firm Legal Services Agreement (LSA) 360
A-1
Third Amendment to Agreement for Legal Services

THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND
TELECOM LAW FIRM, P.C.

This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and TELECOM LAW FIRM, P.C. (“Special Counsel”) (the "Third Amendment") is entered into as of _ _ _ _ _ _ _ _ _ ____________, 2023 (“Third Amendment Commencement Date") , by and between the City and Special Counsel with reference to the following facts:

RECITALS
WHEREAS, on January 1, 2019 the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with telecommunication matters for a total contract amount of Three Hundred Thousand Dollars ($300,000) and expiration term date of December 31, 2020; and
WHEREAS, on December 24, 2020, the City and Special Counsel entered into a First Amendment to the Original Agreement that extended the term to June 30, 2022; and WHEREAS, on December 7, 2021the City and Special Counsel entered into a Second Amendment to increase the compensation limit by Three Hundred Thousand Dollars and extend the term expiration to June 30, 2024; and WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Six Hundred Thousand Dollars ($600,000); and
WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this Third Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Third Amendment.
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Third Amendment to Agreement for Legal Services

1. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect.

2. Counterparts. Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the City and Special Counsel have caused this Second Amendment to be effective as of the last date written below.

CITY OF RICHMOND TELECOM LAW FIRM, P.C.

Mayor
By: _________________________
Title: _______________________
Attest:

By:

City Clerk
Approved as to form:

By:

City Attorney
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Third Amendment to Agreement for Legal Services
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:

A. Legal advice and representation regarding telecommunication matters, including the leasing of City-owned property to wireless carriers and the updating of the City’s wireless communications facilities ordinance.

B. Wireless Siting Application Reviews:

1. Application Reviews: At the City’s request, Special Counsel will review wireless siting applications and provide the City with a written analysis (each a “Memorandum”). Special Counsel will send the Memorandum to the City within fourteen (14) days after received by the Special Counsel.

2. Memorandum Content: Each Memorandum will evaluate the following:
(1) application completeness; (2) actual or planned compliance with federal radio frequency exposure guidelines established by the Federal Communications Commission; and (3) any technical or regulatory issues pertaining to wireless facilities siting specifically requested by the City.

Depending on the nature of the particular proposal, the written memorandum may also evaluate the following: (1) applicability and/or compliance with applicable federal and state regulations for wireless facilities siting; (2) whether the application involves a “significant gap” in the applicant’s service; (3) whether the applicant proposes the “least intrusive means” to achieve its technical objectives; (4) compliance with applicable municipal code regulations; (5) potentially feasible or available alternative locations and/or designs; and/or (6) any other issues that Special Counsel, in its expert experience and opinion, finds relevant or helpful to the City’s review.

3. Memorandum Revision: At City’s option, Special Counsel shall prepare one revision or follow-up to the Memorandum.

4. Reasonable Consultation Time: Special Counsel will provide reasonable consultation time on the telephone and through e-mail with the City and, if requested by the City or as Special Counsel’s deems necessary the applicant, on matters related to the wireless siting application. 363
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Third Amendment to Agreement for Legal Services
C. Attendance at Meetings: At the City’s request, Special Counsel will attend any meetings at City Hall or any project site as requested by City. Attendance at all such meetings is on a time available basis of Special Counsel. (City’s Contact Attorney: Shannon L. Moore, Chief Assistant City Attorney) Schedule of Fees & Charges:

Flat Fees: Special Counsel shall perform all services described in Exhibit A, Section B, Subsection 1 through 4, for a flat fee of $2,350.00 per project. Project hours are not tracked for flat fee projects.

Hourly Fees: Special Counsel shall perform all services described in Exhibit A, Section A, on an hourly fee basis as follows:

Personnel Rate
Per Partner or Senior Project Manager $ 310
Per Associate/Of Counsel or Project Manager $ 290
Per Paralegal or Senior Project Assistant $ 190
Per Assistant or Project Assistant $ 100
All time is billed rounded up to the next 0.1-hour (6 minute) unit.

Annual Fee Adjustments. The Flat Rate and Hourly Fees set out in this Agreement shall automatically increase by three percent (3%) on each anniversary of the Third Amendment Commencement Date.

Travel Time: For travel paid solely by the City, Special Counsel charges a discounted rate of 70% of the hourly rate for travel time for each staff member.

For travel time reimbursed by applicants Special Counsel charges its regular hourly rate for travel time for each staff member.

Expenses: City will reimburse Special Counsel for all ordinary costs and expenses reasonably incurred by Special Counsel in performance of the services provided by Special Counsel to City pursuant to this Agreement.

Compensation:

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million, Two Hundred Thousand Dollars ($ 1,200,000) for attorneys’ fees and reimbursements.
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Page 1 of 2 ends

June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Subject: Contract Amendment with Olivers Towing to Tow and Demolish Recreational Vehicles (RVs) at the Castro
Encampment
FINANCIAL IMPACT: The costs associated with this service will be paid for using the City’s $4.8 million Encampment Resolution
Funding; therefore, this contract will not have an impact on the City’s General Fund. Account string: 15061219-
400201-16G07.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Community Development Department is requesting City
Council approval of a contract with Oliver’s Tow, Inc., for a total contract amount of $50,000, to provide removal
and demolition services of Recreational Vehicles
relinquished at the Castro Encampment by those placed
in housing to complete restoration of the site to its
original condition.

RECOMMENDED ACTION: APPROVE a contract with Oliver’s Tow, Inc. in the amount of $50,000, with a term from June 20, 2023,
through June 30, 2025, to support the removal and
dismantling of Recreational Vehicles relinquished at the Castro Encampment by those placed in housing –
C o m m u n it y Development (Lina Velasco/Jesus Morales 510-620-6649).

AGENDA
REPORT
394

Page 2 of 2 ends

June 20, 2023
DISCUSSION:

The Castro Encampment Resolution Project is housing residents on a regular basis.

Once a resident is housed, their vehicle(s), usually an older inoperable Recreation Vehicle (RV) or auto, needs to be towed to prevent new people from occupying the RV and/or having it ransacked.

Currently, to schedule tows, City staff must work with the Parking Enforcement division to schedule a time for the division to come to the encampment to perform tows. Parking Enforcement then coordinates with the various tow companies for the removal using the rotation schedule.

Depending on the tow companies’ capacity to remove and store oversized vehicles, this can often result in delayed tow efforts. Scheduling a Parking Enforcement officer for a full day also takes away resources needed to address requests and complaints regarding vehicles throughout the City.

On March 15-28, 2023, Way 2 Love, Inc., on behalf of the City of Richmond Housing Division, solicited a Request for Quotes (RFQ) for on-call towing and demolition services of RVs to support the Castro Encampment Resolution Project. The RFQ was sent to the following three vendors via email as an informal solicitation and received responses from each of them: Tow, Inc., Ben’s Towing, and Superstar Towing (See Attachment 1).

The three towing companies solicited through this RFQ are currently providing similar towing services to the City of Richmond or other local municipalities. All three firms are highly experienced in towing vehicles. However, only Oliver’s Tow, Inc. provides towing and demolition for RVs within a reasonable price range. Ben’s Towing can provide towing and demolition service, but their per unit price is substantially higher than Oliver’s Tow, Inc. The other firm, Superstar Towing, can tow recreational vehicles but only after the body of the vehicle has been demolished, leaving the frame to be towed.

This would require the use of City Public Works resources that would need to be scheduled in advance and would prolong the removal of the RVs on-site, which may attract new residents to the encampment.

There are currently 23 RVs remaining on-site; therefore, resources are needed to ensure the timely removal of these vehicles to restore the site to its original condition.

City staff is requesting City Council approval of a contract for $50,000 to support the removal and disposal of relinquished RVs (see Attachment 2). The contract would be funded using Encampment Resolution funding provided to the City.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Quotes/Memo Selection
395

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.
396

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
397
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:
398
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. 399
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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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, 401
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. 402
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. 403
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 404
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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.
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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 406
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 407
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 408
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 409
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.
410
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 411
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. 412
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. 413
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):
414
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.
415

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT G
416
___ 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 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.

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. 418
___ 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.

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.

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.

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.
420
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PROOUCER
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193 Blue Ravine Rd, Suite 2'10
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423

COMMUNITY DEVELOPMENT DEPARTMENT

MEMORANDUM
DATE: JUNE 2, 2023
TO: SHASA CURL, CITY MANAGER
FROM: JESUS M. MORALES, HOUSING MANAGER

LINA VELASCO, DIRECTOR OF COMMUNITY DEVELOPMENT
RE: MEMO FOR REQUEST FOR QUOTES FOR ON-CALL TOWING AND
DEMOLITION SERVICES OF RECREATIONAL VEHICLES (RVs)
On March 15th- 28th, 2023, Way 2 Love, Inc, on behalf of the City of Richmond Housing Division, solicited a Request for Quotes (RFQ) for on-call towing and demolition services of Recreational Vehicles (RVs) to support the Castro encampment resolution.

The RFQ was sent to three vendors via email as an informal solicitation. All three vendors responded to the RFQ; Oliver’s Tow, Inc., Ben’s Towing, and Superstar Towing.

A Request for Quotes were sent to the following vendors:

VENDOR CONTACT
NAME
EMAIL / PHONE NO. QUOTE CITY
Oliver’s Tow,
Inc.

Randy Wilcox [email protected],
510-367-0942
$1,500 Richmond
Superstar
Towing
Manoj
Kumar
[email protected]
510-374-2071
Does not
have a
heavy duty
truck
Richmond
Ben’s Towing Benjamin
Garcia
[email protected]
510-815-6759
$2,400 Richmond
The three towing companies solicited through this RFQ are currently providing similar towing services to the City of Richmond or other local municipalities. All three firms are highly experienced around towing vehicles, however, only Oliver’s Tow, Inc. provides towing and demolition for RVs within a reasonable price range. Ben’s Towing 424
can provide towing and demolition service, but their per unit price is substantially higher than Oliver’s Tow, Inc., see attached quotes. The other firm can tow recreational vehicles but only after the body of the vehicle has been demolished leaving the frame to be towed.

This would require the use of Richmond PD and Public Works resources that need to be scheduled in advance on a monthly basis and would prolong the removal of the RVs onsite, which may attract new residents to the encampment. This service does not meet the needs for RV towing and demolition required for the Castro encampment.

About the Castro Encampment Resolution Project
The Castro Encampment Resolution Project (CERP) is a grant-funded project that is using a Housing First approach to house people living in a recreational vehicle on-site by providing rental assistance and housing navigation services. Once encampment residents are housed, the resident turns in their RV by signing a vehicle waiver and abandonment form to the City for removal and demolition. Often these vehicles are older, inoperable RVs or trucks that need to be towed to prevent former residents from returning to encampment or new people occupying them). Waiting for Parking Enforcement or Richmond Police Department to schedule tows using the City’s existing towing contracts exacerbates the problem of keeping the RV unoccupied and or being systematically ransacked. Oliver’s Towing has previously provided similar services to the Community Development Department when the city resolved the Rydin Vehicle encampment.

Scope of Work
The towing company will be on-call to tow recreational vehicles (RVs) from the Castro encampment within 24 - 48 hours after notification by the CERP manager via telephone and or email. Towing company will be fully responsible for accessing and moving RV to load, haul, tow, remove from the Castro encampment and to demolish and dispose of the RV.

Recommended Vendor
Oliver’s Tow, Inc. is being selected as the City’s preferred vendor based on their cost quote and experience completing the work proposed in the scope of work. Superstar Towing was determined to not have the required towing vehicle to be able to tow all the RV sizes that exists on the site, and Ben’s Towing was more expensive than Oliver’s Towing.

The service contract will be for an amount not-to-exceed $10,000, and term will be from June 1, 2023 to June 30, 2024.
425
From: Way Love
To: Jesus Morales
Subject: Fw: Quote tow
Date: Wednesday, March 29, 2023 4:33:26 PM
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

From: Benjamin Garcia <[email protected]>
Sent: Wednesday, March 29, 2023 2:48 PM
To: Way Love <[email protected]>
Subject: Re: Quote
Tow -$600
Disposal Fee -$800
Labor fee -$550
Equipment Fee- $450
Total per RV -$2400
On Wed, Mar 29, 2023 at 2:37 PM, Way Love
<[email protected]> wrote:

Hi Ben,
Please see the email, below.

Best,
Vanessa Calloway
From: Way Love <[email protected]>
Sent: Tuesday, March 28, 2023 5:29 PM
To: [email protected] <[email protected]>
Subject: Quote
Hi Ben,
426
Thanks for taking the time to send me your email, Below is the information i was referring to,
The city of Richmond, Community Development Department - Housing Division, is soliciting quotes for on-call towing and demolition services of Recreational Vehicles (RVs) to support the Castro Encampment Resolution Project. Your bid must be inclusive of towing the RV from the Castro Encampment, located at Castro Street and Hensley Street by the Richmond Parkway underpass, and demolishing the RVs offsite. RVs are mostly inoperable but have the ability to roll to facilitate towing access. The RVs are typically 20-40 feet long.

We estimate 30 RVs to be towed under this contract. Please provide a quote for the towing and demolition of up to 30 RVs from the Castro encampment.

Best,
Vanessa A. Calloway
Founder/Executive Director
Way 2 Love Inc
510-255-0108
www.way2loveinc.org
Remember there is a way to love that is right!!!
427
From: Way Love
To: Jesus Morales
Subject: Fw: Towing (Oliver"s )
Date: Wednesday, March 29, 2023 4:32:53 PM
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

From: randy wilcox <[email protected]>
Sent: Wednesday, March 15, 2023 10:43 AM
To: Way Love <[email protected]>
Cc: Jesus_Morales <[email protected]>; Ernest Loucas <[email protected]>; Donovan Decious <[email protected]>; Michelle Milam <[email protected]>; Lina Velasco <[email protected]>; Bisa French <[email protected]> Subject: Re: Towing
Good morning, any unit up to and including 20 feet would be 1100.00 dollars, 21 foot and longer would be 1500.00 dollars. This fee covers the tow, tear down and disposal of each unit.

Thank you,
Randy Wilcox
Sent from the all new AOL app for iOS
On Thursday, March 9, 2023, 11:14 AM, Way Love <[email protected]> wrote:

Good morning everyone,
I spoke with Randy from Oliver's Towing. I'm working with Randy to propose a contract specifically for the Castro site. This will help in our efforts of once we are placing residents and have received the signed release form, we can contact Oliver's directly.

Thanks Lt Loucas, for the contact and your thought partnership.

Randy will send the proposed cost later today, in this thread.

Best,
Vanessa A. Calloway
Founder/Executive Director
Way 2 Love Inc
510-255-0108
428
From: Way Love
To: Soco Montore; Jesus Morales
Subject: Fw: Quote
Date: Friday, March 31, 2023 11:45:48 AM
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Hi Soco,
This is the response from Superstar!
Best,
Vanessa Calloway
Vanessa A. Calloway
Founder/Executive Director
Way 2 Love Inc
510-255-0108
www.way2loveinc.org
Remember there is a way to love that is right!!!
From: Manoj Kumar <[email protected]>
Sent: Wednesday, March 29, 2023 6:39 PM
To: Way Love <[email protected]>
Subject: Re: Quote
Hello I sory I have only just meedam duty tow truck I don’t have a heavy duty truck I tow only car I m sorry thanks
On Tue, Mar 28, 2023 at 5:31 PM Way Love <[email protected]> wrote:

Hi Manoj,
Thank you for taking time to speak with me last Thursday. Below is the information I spoke to you about. If you can respond to this email by tomorrow morning with a quote it would be greatly appreciated.

The city of Richmond, Community Development Department - Housing Division, is soliciting quotes for on-call towing and demolition services of Recreational Vehicles (RVs) to support the Castro Encampment Resolution Project. Your bid must be inclusive of towing the RV from the Castro Encampment, located at Castro Street and Hensley Street by the Richmond Parkway underpass, and demolishing the RVs offsite. RVs are mostly inoperable but have the ability to roll to facilitate towing access. The RVs are typically 20-40 feet long. We estimate 30 RVs to be towed under this contract. Please provide a quote for the towing and 429
demolition of up to 30 RVs from the Castro encampment.

Best,
Vanessa A. Calloway
Founder/Executive Director
Way 2 Love Inc
510-255-0108
www.way2loveinc.org
Remember there is a way to love that is right!!!
430

Page 1 of 3 ends

June 20, 2023
Community Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager
Subject: Cooperation Agreement with Contra Costa County for the Community Development Block Grant (CDBG),
Emergency Solutions Grant (ESG), and HOME
Investment Partnerships Act (HOME) Programs
FINANCIAL IMPACT: There is no impact to the general fund to continue to participate in the Urban County Program; however,
should the City Council decide to administer the program locally, the general fund would likely need to provide a partial subsidy of a position since the program caps
planning and administration costs to 20 percent of the
sum of grant plus program income that is received during the program year.

PREVIOUS COUNCIL
ACTION:

October 6, 2015

STATEMENT OF THE
ISSUE:

City staff is recommending the City of Richmond continue its partnership with Contra Costa County’s “Urban
County” Program to access Community Development
Block Grant (CDBG), Emergency Solutions Grant (ESG),
and HOME Investment Partnerships Act program funds
for local funded projects. Participation in the Urban
County Program with Contra Costa County will allow the
City to access the federal funds without the
administrative burden of overseeing the program locally.

AGENDA
REPORT
431

Page 2 of 3 ends

June 20, 2023
RECOMMENDED ACTION: APPROVE the City of Richmond's continued participation in the Cooperation Agreement with Contra Costa County
for the next three-year qualification period for Fiscal Years 2024 – 2026, for the Community Development
Block Grant (CDBG), Emergency Solutions Grant (ESG),
and HOME Investment Partnerships Act (HOME)
programs – Community Development (Lina
Velasco/Jesus M. Morales 510-620-6706).

DISCUSSION:

Twelve cities in the County of Contra Costa have a population of less than 50,000.

Certain of these cities may join with the County to form a combined population of 200,000 or more (“Urban County”). The Urban County administers the allocation of funds for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Act (HOME) on behalf of any nondirect recipient cities in Contra Costa County (“County”). The City of Richmond (“City”) is not a direct recipient of federal funding for the aforementioned programs. As such, it participates with the Urban County to access these funds. The Urban County expects to receive approximately $4.5 million in CDBG funds, $400,000 in ESG funds, and $3.3 million in HOME funds in each of the three years covered by the Cooperation Agreement for fiscal years 2024–2026. Richmond has a population of more than 50,000 and previously was a CDBG and HOME entitlement jurisdiction with an annual allocation of approximately $1,000,000 in CDBG and $400,000 in HOME funds. The City was not a direct recipient of ESG funds.

In 2015, the City Council adopted Resolution No. 98-15, authorizing to join the Urban County. The current agreement, executed December 15, 2015, provides for automatic renewal for participation in successive three-year qualification periods. The City’s participation in the Urban County program provides for a greater pool of funds for which Richmond-based projects are eligible to apply. Based on County data, Richmondbased projects have averaged about $2.3 million annually in funding, which is greater than the City’s entitlement allocation.

Units of general local government in which counties have authority to carry out essential community development and housing activities without the consent of the local governing body are automatically included in the Urban County unless they elect to be excluded at the time of qualification or requalification. Any county that has such a unit of general local government (i.e., the City of Richmond) must notify each unit that it may elect to be excluded from the Urban County. If the City decides to continue to participate, it does not need to take any action as the current Cooperation Agreement between the city and the Urban County will remain in effect for the next three years since it allows for automatic renewals.
432

Page 3 of 3 ends

June 20, 2023
If the City elected not to participate with the Urban County, it would have to notify both the Urban County and the U.S. Department of Housing and Urban Development (HUD) of the selection to be excluded in writing by July 7, 2023. Such an election would be effective for the entire three-year period for which the Urban County qualifies, unless the excluded unit specifically elected to be included in a succeeding year for the remainder of the Urban County qualification period.

There are several benefits for the City and Richmond-based projects to continue to participate with the Urban County to access CDBG, ESG, and HOME funding. The City would need to hire a full-time staff person to administer these programs and provide monitoring of recipients receiving funding on an ongoing basis. Currently, the Housing Division within the Community Development Department does not have the capacity to administer any of these programs with the current staffing level. Additionally, the Assistant Deputy Director at the Contra Costa County Department of Conservation and Development noted that the City has been able to access funding for various projects, whether for infrastructure projects in the city or by local organizations, that exceed what the City may have received as a direct recipient of funds. This also saves City resources to focus on other efforts and projects, including homelessness and expanding affordable housing options in the city.

For these reasons, City staff recommends the City Council approve the City's continued participation in the Cooperation Agreement with Contra Costa County for the next threeyear qualification period for FYs 2024 – 2026, for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Act (HOME) programs. The City’s election to or not to participate in the Urban County program can be revisited again in 2026 to determine if it would be a benefit to Richmond-based projects to bring the funding back locally.

DOCUMENTS ATTACHED:

Attachment 1 – Letter to Richmond for Urban County Requalification Attachment 2 - Cooperation Agreement and Amendments
433
434
435
Attachment #2
436
437
438
439
440
441
442
443

Page 1 of 2 ends

June 20, 2023
Economic Development
DATE: June 20, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Nannette J. Beacham, Director of Economic Development Winifred Day, Arts and Culture Manager
Subject: John F. Kennedy Park - Conway and Takata-Vasquez Sculpture Contract
FINANCIAL IMPACT: Funds in the amount of $100,000 are available in the current fiscal year (FY 2022-23) and next (FY 2023-24) in the Arts and Culture One-Percent for Art Fund budget
(13564165-400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Arts and Culture Commission (RACC), in
collaboration with the Recreation and Parks Commission
(RPC), brings forth its recommendation for a large-scale, public art commission in John F. Kennedy Park. The
custom commission will be designed, fabricated, and
installed for, and within, Kennedy Park and will become an important, permanent visual element that enhances the natural landscape.

RECOMMENDED ACTION: ACCEPT the Richmond Arts and Culture Commission (RACC) and Recreation and Parks Commission (RPC)
joint recommendation to commission a large-scale,
permanently-placed sculpture within John F. Kennedy
Park; and APPROVE a contract in the amount of
$100,000 with Tiffany Conway and Ari Takata-Vasquez to
build the large-scale sculpture, with a term from
July 1, 2023, through December 29, 2024 – Economic
Development Department (Winifred Day 510-620-6952).

AGENDA
REPORT
444

Page 2 of 2 ends

June 20, 2023
DISCUSSION:

In July of 2022, the Richmond Arts and Culture Commission (RACC) and the Public Art Advisory Committee (PAAC) (collectively, the “Commission”) approved $100,000 in Public Art Funds to commission the creation and installation of a meaningfully expressive, large-sized art sculpture. During its initial planning stages, the Commission met with the Richmond Neighborhood Coordinating Council (RNCC); together, the groups identified and discussed City locations that would both inspire the in-situ sculpture and whose installation would inspire in turn. The Commission specifically focused on traditionally underserved communities that might invite a grand, large-scale sculpture in their neighborhood.

RACC designed a Request for Proposal (RFP) (Attachment 1), which identified four (4) potential park locations, including John F. Kennedy Park (Cutting Blvd. & South 41st St.) and three additional sites in the Hilltop area. RACC solicited pre-qualified artists from the nine (9) Bay Area counties, and seven (7) artists applied. An Art Selection Panel (the “Panel”) reviewed and scored each of the seven (7) applications (Attachment 2). The Panel selected four (4) artists to whom they awarded a concept design fee; and from the seven (7) applications, they selected one (1) artist team to receive a $100,000 lump-sum commission contract – the artistic team of Tiffany Conway and Ari Takata-Vasquez (collectively, “Conway and Takata-Vasquez”) (Attachment 3).

RACC met with the Public Works Department who accepted the proposed park location; and the Plaza Neighborhood Council whose area of focus includes John F. Kennedy Park, accepted Conway and Takata-Vasquez’ art concept design proposal. Lastly, the Recreation and Parks Commission (RPC) recommended that the City Council approve the art sculpture commission.

The recommended action of the staff report is to accept the RACC and RPC joint recommendation to commission a large-scale, permanently placed sculpture within John F. Kennedy Park, and approve a $100,000 contract with Tiffany Conway and Ari Takata-Vasquez for a large-scale sculpture with a term beginning July 1, 2023, and ending December 29, 2024.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposals (RFP)
Attachment 2 – Scoring Matrix
Attachment 3 – Conway and Takata-Vasquez Standard Contract 445
1 CITY of RICHMOND, CALIFORNIA

PUBLIC ART ADVISORY COMMITTEE (PAAC)
Large Scale Art Commission $100,000 (Lump Sum)
Request for Proposals (RFP)
Congratulations for being selected as one of four Semi-Finalists for the Large Art Commission in one of three Richmond public parks. There were seven applicants who submitted complete applications by the November 30, 2022 deadline. You have been selected by the art selection panel to further develop your art concept design proposal.

1. RFP DELIVERABLES - SUBMITTAL PROCEDURE:

There are three possible art locations. The selected artist will retain ownership of their work unless the nature of the work prevents it or they choose to donate it to the City. Physical artwork must be appropriate for the city’s weather conditions. Potential locations can include publicly facing approved city property and accessible public areas.

The deliverable deadline will be February 7, 2023. As part of the selection process, non-voting city staff and community members will have an opportunity to view the final art commission concept designs. To do so, you will be asked to design a hard, table-top concept design, tri or quad folded foam-core boards. The design boards will become property of the City of Richmond. All boards along with a Flash Drive, will be delivered to the Arts and Culture Division Office, located at the Port of Richmond Administration Building, 1322 Canal Blvd.

For a stipend of $1,000 the City of Richmond requests hard presentation board(s) of the concept design, along with pictures of all parts of the hard submittal boards on a Flash Drive.

Concept Design Story Board includes: Thematic Direction – statement or message, art materials, art project budget, schedule, scope of services per team member. 3-D maquette/model is encouraged but optional.
446
2 Label the front of each board with the park site 1, 2 or 3, title and/or thematic summary.

Label the back of each board with your name, email, phone number. There are no architectural drawings available for this project. Consider taking site photos and photo-shopping the images.

4. POSSIBLE ART SITES:

1. Kennedy Park, Cutting Blvd. and South 41st Street
Site 2. Hilltop Lake Park – Richmond Parkway and Lakeside Drive Site 3. Hilltop Green Park at Park Central and Parkway Drive 447
3 2. SELECTION PROCESS

SCORING CRITERIA
Semi-Finalist Concept Design proposals will be reviewed by the Selection Panel, PAAC members, City staff and will be recommended based on clarity of the proposal, benefit to the community or exhibit location, and durability as a public artwork. As part of the contract a fully developed art concept design, scope of schedule, $100,000 budget, etc. must be submitted to PAAC and RACC for final approval.

Score Range 5 = highly qualified 3 = minimally qualified 1 = not a good match • Artists must provide the materials and/or equipment and be able to deliver, install, disassemble and have the resources to do so. If any assistance or additional supplies are needed to complete the project, they must be requested in the submission and are not guaranteed.
• To receive the $1,000 design fee stipend, as a Semi-Finalist you will be required to submit a W‐9. You can download a current W‐9 form here: https://www.irs.gov/pub/irs‐pdf/fw9.pdf along with a City of Richmond Vendor Supplemental Form.

3. SCHEDULE - IMPORTANT DATES:

February 7, 2023 RFP Deadline – Deliver hard presentation boards – tabletop – no easels
February 22, 2023 Sculpture Panel Selection via ZOOM
March 9, 2023 RACC Recommendations to City Council
April 2023 City Council for Approval 1 Finalist
May 2023 Finalist under Contract
June 2023 Concept Design Approval
September 2023 ½ Complete Fabrication – Design ID Signage December 2023 Sculpture Installation
**These dates may be flexible based on selected projects and Contra Costa County COVID 19 guidelines.

Questions may be directed to: [email protected]
The City of Richmond has the right to change this opportunity at any time.

For more information on the history of the Richmond Arts and Culture Commission and the Public Art program, please go to: www.ci.richmond.ca.us/2064/Arts-Culture. 448
4 Things to consider:

Please note that if your proposal is selected, you will be required to comply with additional requests for information and/or documents prior to receiving funding, including but not limited to:

1. A City of Richmond business license (fees are not reimbursable). For more information on the business license visit
https://etrakit.ci.richmond.ca.us/login.aspx?lt=either&rd=~/BusinessApplication/confirmation.aspx

4. A Tax Form W9: https://www.irs.gov/pub/irs-pdf/fw9.pdf

5. Proof of insurance for any paid artists working on this project.

6. A signed contract with a Purchase Order and Contract number.

7. Invoices from artist to the City of Richmond requesting milestone payments after work is completed per milestone. An example of the payment schedule includes; a. 10% Concept Design
b. 10% Design Drawings – CA State Certified Structural Engineer c. 20% Start Fabrication
d. 30% ½ Complete Fabrication
e. 10% 100% Complete Fabrication
f. 10% Installation Complete
g. 10% Project Acceptance by RACC

8. A COVID 19 Plan to meet requirements for in person meetings and activities, including but not limited to social distancing (6 feet between participants), wearing masks and gloves, limited team/volunteer in person meetings, and disinfecting materials and spaces as needed, etc.

7. All awarded candidates will be assigned a PAAC liaison, who will be available to assist and support you through the duration of a successful public art project.

9. Any artist who receives awarded funds but is unable to provide evidence of completion of milestones (Install and 100% complete) will be asked to return the funds.
449
FY 2022-23 PAAC Large Art Scoring Matrix
FINAL
Applicants
Amount
Requested Totals
Average
Score RANK
Tiffany Conway $92,700 13 14 14 15 56 14.00 1
Paige Tashner $95,000 14 13 13 15 55 13.75 2
Giuseppe Palumbo $100,000 12 14 13 10 49 12.25 2
James Moore $100,000 8 15 12 11 46 11.50 3
Ron Holthuysen $95,000 8 10 12 15 45 11.25 4
Archie Held $95,000 9 15 10 10 44 11.00 5
Mark Metz $100,000 9 11 12 8 40 10.00 6
Fernando Santos $5,300 0 0 0 0 0 0.00 7
450

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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:

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
452
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:
453
Musical Benches
Hollow steel tubing is
welded into benches.

The heights are cut to
various lengths to produce a range of tones
when tapped. The
benches invite people
to interact with the installation and congregate.

Neighbors A variety of free standing
figures surround the
benches and appear
to be listening to the
Betty Reid Sorkin figure playing guitar. The
figures invite other
people in the neighborhood to join in and
meet one another.

Artist Team
Tiffany Conway
Ari Takata-Vasquez
Ari is a botanical muralist based in
Oakland, California. Her botanical work
highlights the importance of native
plantings and knowledge of our natural
world. While she has spent her adult
life in California, must of her inspiration
comes from her upbringing in
Kapolei, Hawaii.

Ari’s background is in architecture
and city planning. Her master’s
thesis focused on public space and
she believes all people should have
access to nature and healthy places
to live. Ari works as a designer and
specifically works with entrepreneurs
of color. She also leads economic
and community development projects
across the Bay Area.

Kennedy Park 41st St & Cutting Blvd
location options
Budget
Community Engagement
Proposed Project Timeline
Location
Concept
Tree Alley At the crossing of Overend Ave a tree alley
has already been hardscaped creating an ideal opportunity to install Living Room tying into existing paths. Additionally, the installation will be well situated below the trees as they grow.

Park Signage & Entry The main entrance of the park
has a small sign that could be enhanced with the by the installation of Living Room to celebrate the park entry.

The benefit of this site is it’s easy visibility from the thoroughfare, Cutting Blvd.

S. 39th Street Entry This small nestled patch could be
a point of activation for this side of the park. The Living Room installation could bring more attention and activation tot his approach of the park.

Betty Reid Soskin
The main focus of the
Living Room is famed
Richmond park ranger, Soskin, playing guitar. The figure is a free standing figure water-jet
cut out of thick sheet
plate metal with rounded
off edges for safety. The
other figure appear to be
listening to her play.

Yarrow & Fennel
Native plants, are
depicted and appear to be growing
out of the benches,
made of thick sheet
plate metal. The fairly flat structures are
adhered to the top of
the steel tubing parallel to the seats.

Our concept is to create a comfortable and vibrant “living room” in the park to invite neighbors to use the public space as their own. The goal of the installation is to create opportunities for connection and a moment of pause to appreciate the richness of Richmond’s public space and native plant life. We will accomplish this by creating 4 uniquely designed benches facing inward toward each other as opportunities to gather. Each bench includes figures created by Tiffany to encourage people to gather, and to welcome them to the space. The figures will be rendered in sheet metal and figures will be sitting on each bench, welcoming new friends. Each bench also has three-dimensional sculptures of plants native to Richmond such as yarrow and fennel created by Ari. We chose these natives because of the atmosphere they create along the Richmond waterfront both in their towering height and their distinctive scents.

Most notable is an illustration of the renowned park ranger, Betty Reid Soskin. In researching Soskin, we found a beautiful image of her playing guitar in nature. This provided us with the inspiration to create benches with an auditory component to create a distinctive experience of being in the installation. Each of the steel members will be tuned to create a musical note when they’re struck with a hand or foot, similar to the mechanics of the Kalimba instrument or tubular bells. These bells will create a unique hum and subtle sound to the space that helps visitors immerse themselves in the visual and auditory qualities of the space.

We selected steel both as a durable medium for the installation and as a nod to the history and unexpected beauty of Richmond’s industrial history. The steel also allows us to easily construct and ‘tune’ the benches to the harmonic scale we want to create in the space. We will tune the bench to a low pitch similar to the sounds of the ship boats in the harbor. With our project, we want to create a moment of reprieve for visitors who may not always have a living room of their own to be present and enjoy the sounds and the sites of their environment. The living room will be a space to connect with old and new friends alike or a serendipitous connection.

The installation is made of 4 steel benches with vertical slats made up of 3” steel tubing spaced 6” on center. Each bench is about 8’ in length. They will be arranged in a square facing inward to create a living room space for people to sit in and connect. A 2D steel figure of park ranger Betty Reid Soskin, created of sheet plate metal sitting on the bench, playing guitar welcomes visitors with various other figures ‘standing’ around to hear her play. The standing figures will be bolted to the concrete slab with security bolts and can be moved independently of the benches. Additionally, there will be 2-dimensional flora such as yarrow and fennel at the tops of the bench the Betty figure is sitting on, creating a visually permeable but cozy enclosure. The hollow tubing will be cut to varying lengths to create the desired tone when the tube is tapped with a hand or foot. The bench base will be constructed of heavy gauge tubing and installed with security bolts on a simple concrete footing. Overall the installation will be about 14’x14’.

Tiffany’s visual paintings are a colorful
unearthing of life’s most delicate truths
and the door to beautiful beginnings.

Raised in the Bay Area, California
by her father and stepmother,
Tiffany grew her creativity from the
contemplation of life experiences.

Tiffany is based in Richmond,
California. Her mission is to heal
women through her paintings by
displaying them as seen, soft, and
resilient. Tiffany is also the creator of
‘Project Get Free the Coloring Book for
Navigating the Diaspora’.

As a figurative painter, her role in
this project is to create the figures
populating the installation. Additionally
she is leading community engagement
for the project.

Living Room
We will host a community engagement event when we have
an unveiling of the designs, to gather our community, and generate excitement about this project. We will partner with organizations we have existing relationships with such as CoBiz, Richmond Main St., and the Richmond Art Center. Additionally, we will create a press release to share with outlets such as the Richmond Standard.

With the musical bench component, we are engaging residents to not only sit on the benches but to interact with them which gives them the opportunity to make their own art (music). Once the project is completed and installed we can organize a day of play for the community to engage with the installation and we will also bring our photography/camera crew to document the event.

Concept Development 6-8 weeks design development & review with various departments such as public works.

Community Engagement Event 2-4
weeks to invite community feedback
and recommendations.

Prep Outreach Event Organizing a celebratory event for the new installation opening.

Details & Shop Drawings 2-4 weeks
to finalize details and methods with the
fabrication team.

Preparing the Site Grading, preparing, and pouring the
new slab on site.

Enjoy!
1 2
3 Line Item Budget Notes/Details
Materials $17,000 TOTAL material costs
Materials tubing (3”x3”x1/4” thick)
(6”x6”x1/2”)
$3,800 $750/bench x 4 benches
Sheet metal (4 gauge 4’x12’) $7,600 $950/sheet x 8 sheets Hardware & finishing $5,600 $1,200/bench
Production $37,000 TOTAL production costs
Fabrication $15,000 Partnering with experience fabricator to waterjet the figures and botanical elements. Once those
are created, the tubing will be bent and welded
Transportation & Installation $2,000 The fabricator we’re planning on working with is located in Richmond so transportation costs will
be minimal.

Concrete Slab & Engineering $10,000 Following a licensed engineer’s guidance we’ll create a concrete slab with bolts embedded to
secure the benches and figure to
Insurance $0 Ari carries insurance for other projects that meet requirements through Viscera Studio
Project Contingency (10%) $10,000 For any unexpected expenses or complications during fabrication
Soft Cost $46,000 TOTAL soft costs
Artist Fee - Tiffany Conway $10,000 ~10% of project budget Artist Fee- Ari Takata-Vasquez $10,000 ~10% of project budget Community Affairs Lead $8,000 Tiffany will lead this initiative using her experience in Richmond and partners
Project Management $8,000 Viscera Studio staff
Photography & Documentation $5,000 Viscera Studio staff Communications Assistant (stipend) $5,000 Support with project communications and community engagement
PROJECT TOTAL $100,000
Material Sourcing 8-10 weeks for purchasing materials such as steel tubing, hardware, sheet plate metal. (Extra time has been included to account for supply chain issues).

Fabrication With relatively simple assembly, fabrication will take 3-4 weeks.

Transportation & installation Moving the final benches and figures from our fabri- cator (located in Richmond) to the site Attchment 1 - Proposal
454
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.

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.

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. 455
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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:

456
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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, 457
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.

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. 458
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.

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. 459
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:

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 460
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.

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 462
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.

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 463
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.

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 464
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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 465
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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.

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

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 467
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.

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.

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. 468
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.

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. 469
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):
470

Contractor understandsthe meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understandsthat it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
Attachment 2 - Sanctuary City Compliance Statement
471
For the Contract between the City of
Richmond and

EXHIBIT F

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.

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

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

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.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
473
___ 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

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

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

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

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

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. 474
___ 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.

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.

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.

Page 1 of 2 ends

Richmond City CouncilJune 20, 2023

Richmond City Council
June 20, 2023