Richmond City Council
June 27, 2023

Version 20220501

SUPPORT QUOTE

CITY OF RICHMOND
ATTN:
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804
I. This Support Quote is based on the hardware and software configuration set forth in Exhibit A – Schedule of Equipment (“Equipment”), including any improved features and models of such equipment purchased from Packet Fusion during any support term for all locations set forth in Exhibit B – Customer Locations.

II. Hourly Time and Material Billing Rates (“T&M Rates”) for the support Term are set forth in Exhibit C of this Support Quote.

III. Length of Support (“Term”) – Special support term length listed in the customer reference below.

Quote Number: QUO-03360-S9N5D3
Effective Start Date: 01 July 2023
Support Type and Term Options
Term Length
Support - No Phone
Coverage Term Length
With Optional
Phone Coverage Discount End Date
6 Term Month $ 20,109.60 Special Term $ 0.00 0% 31 December 2023 Amount selected will be due in full upon invoicing by Packet Fusion Please select your support type and term
from the table abo .ve
Quote Expires: 30 June 2023
IMPORTANT: After the renewal date, if not fully executed, Mitel’s Corporate Policy imposes a reinstatement fee beginning at 40% of the contract value. Depending on the amount of time lapse from renewal date, the fee increases to a maximum of 100% at month 8.
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Customer Purchase Orders referencing the Quote # and Contract Amount are acceptable in lieu of a Customer Signature.

Invoices are due net 30 from the date of invoice from Packet Fusion, Inc.

Make checks payable to Packet Fusion, Inc., PO Box 888055, Los Angeles, CA 90088-8055 Customer Reference
6 month extension on support agreement RS052118COR709692. Option for additional extensions in 3 month increments up to 4 10,054.80$ . total will extension month 3 optional Each times.

Accepted:

CITY OF RICHMOND
Name:

Date:

Title:

PO Number:
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Exhibit A
Hourly Time and Material Billing Rates (“T&M Rates”)
Hourly Rates
• Non-Support Customers 7$1 5.00 an hour
• Support Customer within California 2$1 5.00 an hour
• Support Customers outside California 7$1 5.00 an hour Overtime Hourly Rates
• Non-Support Customers 6$2 2.50 an hour
• Support Customer within California 187$ .50 an hour
• Support Customers outside California 6$2 2.50 an hour 297

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6 month extension on support agreement RS052118COR709692. Option for additional extensions in 3 month increments up to 4 times.
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308
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 309
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices . All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the
administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

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

City of Richmond
Richmond, CA 94804-0046

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

GENERAL

CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall hav
e 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 expres
s 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, 311
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import, and otherwise distribute under all applicable int ellectual 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. 312
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Contractor shall, at its own cost and expens
e, furnish all facilities and
equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 313
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a peri od 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 314
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any necess
ary 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, Ci
ty 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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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 at
torney'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 316
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misc onduct 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 317
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responsibility for the safety of Contractor's employees and any subContrac
tor'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, ordinanc
es, 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 318
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under this Contract and shall not
assign this Contract, nor any portion
hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

21. 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-exclus
ivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 319
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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 regulat
ions 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.
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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 321
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr
ovisions 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 financ
ed 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. 322
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. 323
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):
324
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.
325
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
326
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

Required Policy Conditions
Additional Insured Endorsement Applic able 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.

Claims-Made Policies
327
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
328
329

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/7/2023
Edgewood Partners Insurance Center
P.O Box 2110
Rancho Cordova CA 95670
Brianna Orchekowski
[email protected]
Travelers Property Casualty Co of Amer
25674

PACKFUSI
Packet Fusion Inc
4301 Hacienda Dr., Suite #400
Pleasanton CA 94588
1812773781
A
X
1,000,000
X
300,000
10,000
1,000,000
2,000,000
X
ZLP71M52139
3/7/2023
3/7/2024
2,000,000
A
1,000,000
X
BA8L430908
3/7/2023
3/7/2024
A
X
5,000,000
X
CUP0N049565
3/7/2023
3/7/2024
5,000,000
X
0 A
X
N
UB9K623585
3/7/2023
3/7/2024
1,000,000
1,000,000
1,000,000
A
Errors & Omissions
Claims-Made
Retro Date: 2/7/07
ZPL91M53691
3/7/2023
3/7/2024
Each Wrongful Act
Aggregate Limit
Deductible
$2,000,000
$2,000,000
$10,000
Re: All Contracts/Written Agreements between the Certificate Holder and the Insured.

Additional Insured: City of Richmond. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements.

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
330
Policy No.: ZLP71M52139
331
332
333
334
335
336
Policy No.: ZLP71M52139
337
338
339
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
THIS ENDORSE MENT CHANGES THE POLICY. PLE A SE RE A D IT CAR EFULLY.

BUSINESS A UTO EXTENSIO N ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expense s described in any of the provisions of this endorsement may be excluded or limited by another endor sement to the Coverage Part, and the se coverage broadening provisions do not appl y to the extent that coverage is excluded or limited by such an endor sement. The following listing is a general cover- age de scription only. Limitations an d exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

H. HIRED AUTO PHYSICAL DAM AGE – LOSS OF
USE – INCREASED LIMIT
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMITC. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
K. AIRB AGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSSF. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE – GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS

PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

C. EMPLOYEE HIRED AUTOAny organization you newly acquire or form dur- ing the policy period over which you maintain
50% or more o wner ship interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.

1. The following is add ed to Paragrap h A.1.,
Who Is An Insured, of SECTION II – COV-
ERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "in sured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
nes s.B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II – COVERED
AUTOS LIABILITY COVERAGE:

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV – BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:

Any person or organization who is required under
a written contract or agreement between you a nd
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to w hich
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 02 15 ú 2 01 5 Th e Tr a v e l e rs I nd e m n it y C o m p a n y . A ll r ig hts r es e r v e d. Page 1 of 4 Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on .

Policy #BA8L430908
340
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
nes s.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and po s se ssion s
of the United States of America, Puerto
Rico and Canada:How ever, any "auto" that is leased, hired, rented or borrowed with a driver is not a
covered "auto". (i) You must arrange to defend the "in- sured" again st, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings an d ac-
tions.

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.

Any "employee" of yours is an "insured" w hile us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".

E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS

1. The following replaces Paragr aph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE: (iv) We will reimburse the "insured" for
sums that the "ins ured" legally must
pay as damages becau se of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our con sent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required becaus e of an "accident"
we cover. We do not have to furnish
these bond s.

2. The following replaces Paragr aph A.2.a.(4),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE:
(v) We will reimburse the "insured" for
the reaso nable expense s incurred
with our con sent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends whe n we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(4) All reasonable expense s incurred by the
"insured" at our requ est, including actual
loss of earnings up to $500 a day be-
cause of time off from work.

F. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of busines s with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or les s
and that is not an "auto" you lease, hire, rent
or borro w from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(b) This insurance is exces s over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a sub stitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and pos se s sions, Puerto Rico and
Canada.

Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on . 341
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
(2) In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance re quirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRB AGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III – PHYSICAL DAM AGE
COVERAGE:

Exclusion 3.a. does not ap ply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and pos se s sions, Puerto Rico and Can-
ada. We assume no respo nsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; andG. WAIVER OF DEDUCTIBLE – GLASS
c. The airbags were not intentionally inflated.The following is added to Paragraph D., Deducti- ble, of SECTION III – PHYSICAL DAM AGE
COVERAGE:

We will pay up to a maximum of $1,000 for any
one "loss".

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:H. HIRED AUTO PHYSICAL DAM AGE – LOSS OF USE – INCREASED LIMIT Your duty to give us or our authorized repre senta- tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is kno wn
to:

The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III – PHYSICAL DAMAGE COVERAGE:
(a) You (if you are an individual);How ever, the most we will pay for any expense s for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT (d) An executive officer, director or insurance manager (if you are a corporation or other or-
ganization); or
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III – PHYSICAL DAMAGE COVER-
AGE:
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:J. PERSONAL PROPERTY

5. Transfer Of Rights Of Recovery Against
Others To Us
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III – PHYSICAL
DAM AGE COVERAGE: We waive any right of recovery we may have against any per son or org anization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
CA T3 53 02 15 ú 2 01 5 Th e Tr a v e l e rs I nd e m n it y C o m p a n y . A ll r ig hts r es e r v e d. Page 3 of 4 Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on . 342
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
such co ntract. The waiver applies only to the
person or organization designated in such
contract.

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non-renewal.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV – BUSINESS AUTO CONDITIONS:

Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on . 343
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO

4. Loss Payment
Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any
other provision of this Coverage Form.At our option, we may:

5. Other Insurancea. Pay for, repair or replace damaged or sto- a. For any covered "auto" you own, thislen property;
Coverage Form provides primary insur-b. Return the stolen property, at our ex- ance. For any covered "auto" you don'tpense. We will pay for any damage that own, the insurance provided by this Cov-results to the "auto" from the theft; or erage Form is excess over any other col-c. Take all or any part of the damaged or lectible insurance. However, while a cov-stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered
Autos Liability Coverage this CoverageIf we pay for the "loss", our payment will in- Form provides for the "trailer" is:clude the applicable sales tax for the dam- aged or stolen property. (1) Excess while it is connected to a mo- tor vehicle you do not own; or5. Transfer Of Rights Of Recovery Against Others To Us (2) Primary while it is connected to a
covered "auto" you own.If any person or organization to or for whom we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire,those rights are transferred to us. That person rent or borrow is deemed to be a coveredor organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss" to impair them. a driver is not a covered "auto".

B. General Conditions c. Regardless of the provisions of Para- graph a. above, this Coverage Form's1. Bankruptcy
Covered Autos Liability Coverage is pri-Bankruptcy or insolvency of the "insured" or mary for any liability assumed under anthe "insured's" estate will not relieve us of any "insured contract".obligations under this Coverage Form. d. When this Coverage Form and any other2. Concealment, Misrepresentation Or Fraud Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis.
a. This Coverage Form; 6. Premium Audit
b. The covered "auto"; a. The estimated premium for this Coverage Form is based on the exposures you toldc. Your interest in the covered "auto"; or us you would have when this policy be-d. A claim under this Coverage Form. gan. We will compute the final premium

3. Liberalization due when we determine your actual ex- posures. The estimated total premium willIf we revise this Coverage Form to provide be credited against the final premium duemore coverage without additional premium and the first Named Insured will be billedcharge, your policy will automatically provide for the balance, if any. The due date forthe additional coverage as of the day the re- the final premium or retrospective pre-vision is effective in your state. mium is the date shown as the due date4. No Benefit To Bailee Physical Damage on the bill. If the estimated total premiumCoverages exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per-
CA 00 01 10 13
Insurance Services Office, Inc., 2011 Page 9 of 12
344
UB-9K623585
UB-9K623585
Packet Fusion, Inc.

Travelers Property Casualty Company
of America
345

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Payment Limit and Service Plan
Payment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on , which original term commenced on and terminates with an original contract payment limit of $ . Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.

346
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

347
Contract Amendment between the City of Richmond and
Amendme
nt No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragra
ph 2 of the Original Contract is amended to read as
follows:
"2. Term. The effective date of this Contract is
____________________________________________________________ (Insert original contract commencement date)
and it terminates
___________________________________________________.
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the
payment limit by $ . Paragraph 3 of the Original Contract is
amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $
including expenses."
“The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

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

Contract Amendment/EJ/TE 9-26-07
348
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

349
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM AND SERVICE PLAN)

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

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

_____________________________________________________________ (Insert original contract commencement date)

and it terminates

_____________________________________________________________. (Insert new contract termination date)

unless sooner terminated as provided herein."

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

Contract Amendment/EJ/TE 9-26-07

350
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)

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

Contract Amendment/EJ/TE 9-26-07

351
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

352
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

Contract Amendment/EJ/TE 11-30-07

353

Version 20220501

SUPPORT QUOTE

CITY OF RICHMOND
ATTN:
450 CIVIC CENTER PLAZA
RICHMOND, CA 94804
I. This Support Quote is based on the hardware and software configuration set forth in Exhibit A – Schedule of Equipment (“Equipment”), including any improved features and models of such equipment purchased from Packet Fusion during any support term for all locations set forth in Exhibit B – Customer Locations.

II. Hourly Time and Material Billing Rates (“T&M Rates”) for the support Term are set forth in Exhibit C of this Support Quote.

III. Length of Support (“Term”) – Special support term length listed in the customer reference below.

Quote Number: QUO-03360-S9N5D3
Effective Start Date: 01 July 2023
Support Type and Term Options
Term Length
Support - No Phone
Coverage Term Length
With Optional
Phone Coverage Discount End Date
6 Term Month $ 20,109.60 Special Term $ 0.00 0% 31 December 2023 Amount selected will be due in full upon invoicing by Packet Fusion Please select your support type and term
from the table abo .ve
Quote Expires: 30 June 2023
IMPORTANT: After the renewal date, if not fully executed, Mitel’s Corporate Policy imposes a reinstatement fee beginning at 40% of the contract value. Depending on the amount of time lapse from renewal date, the fee increases to a maximum of 100% at month 8.
354

Version 20220501
Customer Purchase Orders referencing the Quote # and Contract Amount are acceptable in lieu of a Customer Signature.

Invoices are due net 30 from the date of invoice from Packet Fusion, Inc.

Make checks payable to Packet Fusion, Inc., PO Box 888055, Los Angeles, CA 90088-8055 Customer Reference
6 month extension on support agreement RS052118COR709692. Option for additional extensions in 3 month increments up to 4 10,054.80$ . total will extension month 3 optional Each times.

Accepted:

CITY OF RICHMOND
Name:

Date:

Title:

PO Number:
355

Version 20220501
Exhibit A
Hourly Time and Material Billing Rates (“T&M Rates”)
Hourly Rates
• Non-Support Customers 7$1 5.00 an hour
• Support Customer within California 2$1 5.00 an hour
• Support Customers outside California 7$1 5.00 an hour Overtime Hourly Rates
• Non-Support Customers 6$2 2.50 an hour
• Support Customer within California 187$ .50 an hour
• Support Customers outside California 6$2 2.50 an hour 356

Version 20220501
6 month extension on support agreement RS052118COR709692. Option for additional extensions in 3 month increments up to 4 times.
357

Version 20220501
358
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
359
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

Required Policy Conditions
Additional Insured Endorsement Applic able 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.

Claims-Made Policies
360
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
361
362

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/7/2023
Edgewood Partners Insurance Center
P.O Box 2110
Rancho Cordova CA 95670
Brianna Orchekowski
[email protected]
Travelers Property Casualty Co of Amer
25674

PACKFUSI
Packet Fusion Inc
4301 Hacienda Dr., Suite #400
Pleasanton CA 94588
1812773781
A
X
1,000,000
X
300,000
10,000
1,000,000
2,000,000
X
ZLP71M52139
3/7/2023
3/7/2024
2,000,000
A
1,000,000
X
BA8L430908
3/7/2023
3/7/2024
A
X
5,000,000
X
CUP0N049565
3/7/2023
3/7/2024
5,000,000
X
0 A
X
N
UB9K623585
3/7/2023
3/7/2024
1,000,000
1,000,000
1,000,000
A
Errors & Omissions
Claims-Made
Retro Date: 2/7/07
ZPL91M53691
3/7/2023
3/7/2024
Each Wrongful Act
Aggregate Limit
Deductible
$2,000,000
$2,000,000
$10,000
Re: All Contracts/Written Agreements between the Certificate Holder and the Insured.

Additional Insured: City of Richmond. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements.

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
363
Policy No.: ZLP71M52139
364
365
366
367
368
369
Policy No.: ZLP71M52139
370
371
372
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
THIS ENDORSE MENT CHANGES THE POLICY. PLE A SE RE A D IT CAR EFULLY.

BUSINESS A UTO EXTENSIO N ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expense s described in any of the provisions of this endorsement may be excluded or limited by another endor sement to the Coverage Part, and the se coverage broadening provisions do not appl y to the extent that coverage is excluded or limited by such an endor sement. The following listing is a general cover- age de scription only. Limitations an d exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

H. HIRED AUTO PHYSICAL DAM AGE – LOSS OF
USE – INCREASED LIMIT
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMITC. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
K. AIRB AGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSSF. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE – GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS

PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

C. EMPLOYEE HIRED AUTOAny organization you newly acquire or form dur- ing the policy period over which you maintain
50% or more o wner ship interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.

1. The following is add ed to Paragrap h A.1.,
Who Is An Insured, of SECTION II – COV-
ERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "in sured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
nes s.B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II – COVERED
AUTOS LIABILITY COVERAGE:

2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV – BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:

Any person or organization who is required under
a written contract or agreement between you a nd
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to w hich
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 02 15 ú 2 01 5 Th e Tr a v e l e rs I nd e m n it y C o m p a n y . A ll r ig hts r es e r v e d. Page 1 of 4 Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on .

Policy #BA8L430908
373
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
nes s.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and po s se ssion s
of the United States of America, Puerto
Rico and Canada:How ever, any "auto" that is leased, hired, rented or borrowed with a driver is not a
covered "auto". (i) You must arrange to defend the "in- sured" again st, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings an d ac-
tions.

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.

Any "employee" of yours is an "insured" w hile us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".

E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS

1. The following replaces Paragr aph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE: (iv) We will reimburse the "insured" for
sums that the "ins ured" legally must
pay as damages becau se of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our con sent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required becaus e of an "accident"
we cover. We do not have to furnish
these bond s.

2. The following replaces Paragr aph A.2.a.(4),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE:
(v) We will reimburse the "insured" for
the reaso nable expense s incurred
with our con sent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends whe n we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(4) All reasonable expense s incurred by the
"insured" at our requ est, including actual
loss of earnings up to $500 a day be-
cause of time off from work.

F. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of busines s with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or les s
and that is not an "auto" you lease, hire, rent
or borro w from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(b) This insurance is exces s over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a sub stitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and pos se s sions, Puerto Rico and
Canada.

Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on . 374
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
(2) In or on your covered "auto".You agree to maintain all required or compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance re quirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRB AGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III – PHYSICAL DAM AGE
COVERAGE:

Exclusion 3.a. does not ap ply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and pos se s sions, Puerto Rico and Can-
ada. We assume no respo nsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; andG. WAIVER OF DEDUCTIBLE – GLASS
c. The airbags were not intentionally inflated.The following is added to Paragraph D., Deducti- ble, of SECTION III – PHYSICAL DAM AGE
COVERAGE:

We will pay up to a maximum of $1,000 for any
one "loss".

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:H. HIRED AUTO PHYSICAL DAM AGE – LOSS OF USE – INCREASED LIMIT Your duty to give us or our authorized repre senta- tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is kno wn
to:

The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III – PHYSICAL DAMAGE COVERAGE:
(a) You (if you are an individual);How ever, the most we will pay for any expense s for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT (d) An executive officer, director or insurance manager (if you are a corporation or other or-
ganization); or
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III – PHYSICAL DAMAGE COVER-
AGE:
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:J. PERSONAL PROPERTY

5. Transfer Of Rights Of Recovery Against
Others To Us
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III – PHYSICAL
DAM AGE COVERAGE: We waive any right of recovery we may have against any per son or org anization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
CA T3 53 02 15 ú 2 01 5 Th e Tr a v e l e rs I nd e m n it y C o m p a n y . A ll r ig hts r es e r v e d. Page 3 of 4 Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on . 375
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO
such co ntract. The waiver applies only to the
person or organization designated in such
contract.

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non-renewal.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV – BUSINESS AUTO CONDITIONS:

Inclu d es c o p y ri gh t e d m a t er i al of I nsur a nc e S er v ic es Offic e, I nc. w ith i ts p er m issi on . 376
Do not add this form to a policy. It is for informational purposes only.

COMMERCIAL AUTO

4. Loss Payment
Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any
other provision of this Coverage Form.At our option, we may:

5. Other Insurancea. Pay for, repair or replace damaged or sto- a. For any covered "auto" you own, thislen property;
Coverage Form provides primary insur-b. Return the stolen property, at our ex- ance. For any covered "auto" you don'tpense. We will pay for any damage that own, the insurance provided by this Cov-results to the "auto" from the theft; or erage Form is excess over any other col-c. Take all or any part of the damaged or lectible insurance. However, while a cov-stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered
Autos Liability Coverage this CoverageIf we pay for the "loss", our payment will in- Form provides for the "trailer" is:clude the applicable sales tax for the dam- aged or stolen property. (1) Excess while it is connected to a mo- tor vehicle you do not own; or5. Transfer Of Rights Of Recovery Against Others To Us (2) Primary while it is connected to a
covered "auto" you own.If any person or organization to or for whom we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire,those rights are transferred to us. That person rent or borrow is deemed to be a coveredor organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss" to impair them. a driver is not a covered "auto".

B. General Conditions c. Regardless of the provisions of Para- graph a. above, this Coverage Form's1. Bankruptcy
Covered Autos Liability Coverage is pri-Bankruptcy or insolvency of the "insured" or mary for any liability assumed under anthe "insured's" estate will not relieve us of any "insured contract".obligations under this Coverage Form. d. When this Coverage Form and any other2. Concealment, Misrepresentation Or Fraud Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis.
a. This Coverage Form; 6. Premium Audit
b. The covered "auto"; a. The estimated premium for this Coverage Form is based on the exposures you toldc. Your interest in the covered "auto"; or us you would have when this policy be-d. A claim under this Coverage Form. gan. We will compute the final premium

3. Liberalization due when we determine your actual ex- posures. The estimated total premium willIf we revise this Coverage Form to provide be credited against the final premium duemore coverage without additional premium and the first Named Insured will be billedcharge, your policy will automatically provide for the balance, if any. The due date forthe additional coverage as of the day the re- the final premium or retrospective pre-vision is effective in your state. mium is the date shown as the due date4. No Benefit To Bailee Physical Damage on the bill. If the estimated total premiumCoverages exceeds the final premium due, the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per-
CA 00 01 10 13
Insurance Services Office, Inc., 2011 Page 9 of 12
377
UB-9K623585
UB-9K623585
Packet Fusion, Inc.

Travelers Property Casualty Company
of America
378
379
380
381
382

June 27, 2023

Information Technology

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Sue Hartman, Director of Information Technology

Subject:

First Amendment to the Agreement with Maze &
Associates for Added Services for Cybersecurity Defense FINANCIAL IMPACT: The proposed first year funding in the amount of $67,050 is allocated from the Information Technology operating
budget (account: 01261017-400702) with a total two-year amount not to exceed $134,100. The latter year will be
covered by account 01261017-400209.

PREVIOUS COUNCIL
ACTION:

September 22, 2020

STATEMENT OF THE
ISSUE:

Darktrace’s cybersecurity defense application and
appliance provides critical support to protect the City’s technological infrastructure. City staff requests City
Council approval of a first amendment to the agreement
with Maze & Associates, extending the term by two
years, and increasing the contract by $134,100 to acquire and implement the Darktrace cybersecurity defense
system.

RECOMMENDED ACTION:

APPROVE a first amendment to the agreement with
Maze & Associates to procure, implement, maintain, and
support the Darktrace cybersecurity defense system,
increasing the compensation by $134,100, for a total
contract amount not to exceed $283,100, and extending
the term to June 30, 2025 – Information Technology
Department (Sue Hartman 510-620-6874).

AGENDA
REPORT
383

June 27, 2023
DISCUSSION:

Maze & Associates administers the cybersecurity defense system utilizing a product called Darktrace. Darktrace provides an email, cloud, and hardware-based network defense system. The City has utilized its services since 2020. Amending the current contract will enhance the City’s cyber-threat monitoring with active autonomous responses, which can intercept and neutralize cyber-attacks including insider threats, ransomware, and Internet of Things (IoT) attacks without the need for human intervention. Leveraging Artificial Intelligence (AI) and machine learning is necessary to keep pace with today’s advanced persistent threats. The additional suite of services will provide the City with additional cybersecurity.

Darktrace has been instrumental in identifying cybersecurity. It leverages the latest advances in AI to augment human teams, ease workloads, and mitigate the impact of attacks by slashing time to detection and response. Darktrace automates cyber defense with a unique ‘self-learning’ approach and design principle. More critically than ever, Darktrace’s self-learning approach means that the system can dynamically adapt to changing processes and infrastructure, keeping systems safe. Darktrace will help the City of Richmond secure systems saving critical staff resources that can be utilized toward more strategic efforts and business transformation.

The software flags suspicious and malicious traffic for review and continuously learns about our network traffic to help accurately know when to flag connections and traffic.

Darktrace’s self-learning technology works by analyzing raw network traffic and using machine learning and AI algorithms to form an evolving understanding of ‘normal’ for every user, device, and network in an organization. Based on this ‘pattern of life’, the Enterprise Immune System can identify ‘abnormal’ activity and detect emerging threats in real time. As we have explained in the past, through many years of auditing the City’s security system and the City’s network, Maze & Associates is most qualified in implementing the Darktrace system. Maze & Associates is unique for their local government experience. City staff is recommending an amendment to the contract with Maze & Associates to ensure that it has the most up-to-date suite of cybersecurity protection tools necessary to defend the City of Richmond’s network against cybersecurity threats.

City staff are recommending approval of an amended contract with Maze & Associates which extends the term to June 30, 2025, to provide additional cybersecurity defense for the City of Richmond. The cost for the continuation of the service is an additional $134,100 which increases the total compensation under this agreement to an amount not to exceed $283,100.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Maze & Associates Darktrace Contract Amendment no 1 384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

Amendment No. ___ modifies the: (2nd or subsequent amendments attach Amendment History page)

Term, Pa yment Limit and Service Plan
Pay ment Limit and Service Plan

Term and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a
municipal corporation (City), and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which
was approved by the City Council of the City of Richmond or executed by the City Manager on ,
which original term commenced
on
and terminates w
ith an original
contract payment limit of $
. Said contract shall hereinafter be referred
to as the "Original Contract" and is incorporated herein by reference.

3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditio
ns of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
415
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

416
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

417

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

June 9, 2023

QUOTE FOR SERVICES

DarkTrace Cybersecurity Defense System Implementation, Maintenance and Support.

Existing Service PO# 22100300367-00 Includes network protection for 2,000 devices Due 9/1/2023

$37,250.00
Additional Services and extension of original services
Includes Endpoint Protection for 800 laptops and 2 private remote trainings Due 7/1/2023

67,050.00
Due 7/1/2024

67,050.00
Due 7/1/2025

67,050.00

Subtotal for additional and extension

$201,150.00

Total

$238,400.00

THANK YOU!
418
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Required Coverage

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

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

419
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

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

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

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

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

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

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

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

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

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

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

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

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

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

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 420
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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

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

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

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

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

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

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

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

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
421
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

422
423
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :INSURER E :INSURER D :INSURER C :INSURER B :INSURER A :NAIC #NAME:CONTACT(A/C, No):FAXE-MAILADDRESS:PRODUCER(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)(Ea accident)$
$
N / A

SUBRWVDADDLINSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $$$$PROPERTY DAMAGEBODILY INJURY (Per accident)BODILY INJURY (Per person)COMBINED SINGLE LIMIT

AUTOS ONLYAUTOSAUTOS ONLYNON-OWNEDSCHEDULEDOWNEDANY AUTOAUTOMOBILE LIABILITY Y / NWORKERS COMPENSATIONAND EMPLOYERS' LIABILITYOFFICER/MEMBER EXCLUDED?(Mandatory in NH)DESCRIPTION OF OPERATIONS belowIf yes, describe underANY PROPRIETOR/PARTNER/EXECUTIVE$$$E.L. DISEASE - POLICY LIMITE.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENTEROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIABUMBRELLA LIAB $EACH OCCURRENCE$AGGREGATE$OCCURCLAIMS-MADEDEDRETENTION$ $PRODUCTS - COMP/OP AGG$GENERAL AGGREGATE$PERSONAL & ADV INJURY$MED EXP (Any one person)$EACH OCCURRENCEDAMAGE TO RENTED$PREMISES (Ea occurrence)COMMERCIAL GENERAL LIABILITYCLAIMS-MADEOCCURGEN'L AGGREGATE LIMIT APPLIES PER:POLICYPRO-JECTLOC

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY
$
$
3435 Mt. Diablo Blvd., Ste 300
Kosich Insurance Agency, Inc.

Cert ID 18160
450 Civic Center Plaza
Travelers Property Casualty Co 25674
Travelers Cas Ins Co Of Amer 19046

11/30/2022
3478 Buskirk Ave Suite 215
01/01/2023 01/01/2024

CUP-7P596079-23-42
B

[email protected]
Y
01/01/2023 01/01/2024

Y
680-8E962793-22-42
B
A
X

X
X
Kenneth R Kosich
Lafayette CA 94549
Richmond CA 94804
Pleasant Hill CA 94523
(925) 284-3911
(925) 930-0902
(925) 284-3919
X X
X

X
X

500,000

2,000,000

3,000,000
3,000,000

15,000

Empl Benefits Liab
01/01/2023 01/01/2024

680-8E962793-22-42

2,000,000
2,000,000
10,000
2,000,000
4,000,000
4,000,000
City of Richmond
City of Richmond are named as additional insureds for General Liability as required by written contract per the attached form CGDT4911188, coverage is primary & non-contributory per attached endorsement form, CGT1000219 and waiver of subrogation applies for General Liability per attached form, CGD8420219.

Maze & Associates Accounting Corporation

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June 27, 2023

City Manager's Office

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager – Community
Services
Patrick Seals, Project Manager
Subject:

Release of the 2023 Community Survey
FINANCIAL IMPACT: No financial impact

PREVIOUS COUNCIL
ACTION:

December 20, 2022

STATEMENT OF THE
ISSUE:

City Council approved the contract with Polco/NRC for
the 2023 National Community Survey on December 22,
2022. City staff is seeking final approval of the draft survey prior to release.

RECOMMENDED ACTION:

APPROVE the release of the Polco/National Research
Center 2023 National Community Survey – Community
Services Department (Lashonda White 510-620-
6828/Patrick Seals 510-307-8016).

AGENDA
REPORT
449

June 27, 2023
DISCUSSION:

Background

The City of Richmond has enrolled in the National Research Center’s (NRC) National Citizen Survey (NCS) biennially since 2007. The community surveys allow the City to:
• Assess the quality of community life and services provided to residents; • Help make informed decisions about how to allocate resources; • Gather information on residents’ perceptions and use of services; and • Compare results from previous years to measure changes over time.

The NCS is a collaborative effort between the NRC, a public research firm focused on public sector information needs, and the International City/County Management Association (ICMA). NRC has a benchmark database which holds hundreds of thousands of resident opinions – making it the largest of its kind in the United States. A few years ago, NRC merged with Polco, an online community engagement polling platform, to give public sector organizations the data they need to make more informed decisions. Polco/NRC was among the first scientific surveys developed to gather resident opinions on a range of community issues and has since been used in more than 350 jurisdictions across 46 states.

The results from surveys conducted between 2007 and 2021 can be found on the City’s website at http://www.ci.richmond.ca.us/index.aspx?NID=1871. Survey results are utilized in various documents and city reports such as the Department of Children and Youth Community Needs Assessment, Health in All Policies report, Richmond’s race and equity work, and grant applications.

2022 City Council Direction and Requested Survey Changes

On December 20, 2022, City Council approved the contract with Polco/NRC for the 2023 and 2025 Community Surveys, and to provide the City access to the Polco Online Survey and Polls platform, at a cost of $78,000. City Council also requested to include additional custom questions to the 2023 Survey. The 2023 Community Survey is currently five (5) pages and has 16 questions, which exceeds the standard twelve (12) survey questions (Standard questions – 3.5 pages, custom questions - .5 page, and demographic questions – 1 page). The current survey takes respondents ~20 minutes to complete.

Survey Options and Staff Recommendation

Based on City Council’s 2022 direction, City staff, in partnership with Polco/NRC, conducted a thorough evaluation of the 2023 survey, and engaged in discussions regarding the impacts and process of including additional custom questions. As part of this process, City staff analyzed the following options:

450

June 27, 2023

Option Impact
1 Release as is
with no
additional
changes
The 2023 survey instrument will closely resemble the past surveys in format and content which will enable NRC and the City to compare survey results from multiple years. This option will not add pages to the existing survey. Additional pages could decrease survey responses. The custom questions utilized have been incorporated for well over a decade, and are an established part of the longitudinal study. Maintaining the current survey structure will allow the City to monitor progress against Richmond’s own results in previous and future years via trendlines, as well as provide a baseline by which to measure against other communities (using the benchmark comparisons).

2 Adding new
custom
questions
Adding additional custom questions may significantly impact the efficacy of the survey in the following ways: increase the page count, increase the time to complete the survey, reduce the responsiveness, and increase cost at ~$5,000 for each ½ page.

Additional questions would lengthen the already long survey which could have a negative impact on overall response rates, especially for communities that have historically exhibited low response rates.

3 Removing
existing custom
questions and
adding new
ones
Removing some of the existing custom questions would impact the City’s ability to monitor responses longitudinally and would impact our ability to use that data in some of the City’s work (e.g., Health in All Policies report and Race and Equity work).

With advisement from Polco/NRC survey experts, City staff recommends Option 1, to publish the 2023 Community Survey, as currently drafted, without adding new or replacing existing custom questions (See Attachment 1). City staff also plans to utilize Polco’s online survey platform to support the City’s future survey needs.

Polco Online Survey and Polls

The Polco/NRC provides online customizable or templated surveys and polls as a part of the City’s current contract. These short surveys can address important issues such as economic health, housing, land use, and many others. The Polco Library contains a collection of surveys designed by Polco’s in-house data science laboratory that governments can use instantly. Furthermore, agencies can use the survey as-is or modify questions to better suit their needs.

More specifically, the Polco online surveys and polls can:
• Map responses at the district level and provide mobile engagement with respondent verification
451

June 27, 2023
• Track resident demographics
• Uncover detailed resident insight on various local government topics • Accommodate infinite surveys and polls across infinite interest and policy areas • Expedite publishing surveys and polls

Next Steps

In consideration of the City Council’s strategic goal and priority setting process, City staff can:
 Work with City Council and Polco/NRC on incorporation of new or additional custom questions for the 2025 Community Survey
 Utilize Polco’s online survey platform to create customizable or templated surveys and polls with specific questions throughout the year (outside of the Richmond Community Survey period)
 Help develop and draft questions, in partnership with the City Council and/or City staff, around key topics for incorporation into the 2025 Community Survey and/or using Polco’s online survey platform

If approved, City staff intends to expedite the release of the Richmond Community Survey in July 2023, with the plan of completing the surveying in November 2023, and presenting findings to City Council in January/February 2024. This schedule will allow City Council and City staff to consider any survey findings into FY 2023-24 mid-year budget decisions.

Once released, the survey will be available in hard copy, on-line, and in Spanish. In an effort to receive the maximum amount of participation from those selected to complete the survey, City staff will publicize the survey via social media, connections with community-based organizations, the City’s internet site, KCRT, and other venues.

Polco/NRC will process the surveys, perform the data analysis, and produce a report for the City’s review. The main report will contain graphs and tables of the results, a description of the methodology, information on understanding the results, and comparisons of the results to other jurisdictions that completed the NRC’s survey.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Polco/NRC 2023 National Community Survey

452

The National Community Survey™ • © 2001-2023 National Research Center, Inc.

The City of Richmond 2023 Community Survey

Please complete this survey if you are the adult (age 18 or older) in the household who most recently had a birthday (the year of birth does not matter). Your responses are confidential and no identifying information will be shared.

1. Please rate each of the following aspects of quality of life in Richmond.

Excellent Good Fair Poor Don’t know
Richmond as a place to live ................................................................................................. 1 2 3 4 5 Your neighborhood as a place to live .............................................................................. 1 2 3 4 5 Richmond as a place to raise children ............................................................................ 1 2 3 4 5 Richmond as a place to work .............................................................................................. 1 2 3 4 5 Richmond as a place to visit ................................................................................................ 1 2 3 4 5 Richmond as a place to retire ............................................................................................. 1 2 3 4 5 The overall quality of life in Richmond .......................................................................... 1 2 3 4 5 Sense of community ................................................................................................................ 1 2 3 4 5

2. Please rate each of the following characteristics as they relate to Richmond as a whole.

Excellent Good Fair Poor Don’t know
Overall economic health of Richmond ............................................................................ 1 2 3 4 5 Overall quality of the transportation system (auto, bicycle, foot, bus) in Richmond ........................................................................................................................... 1 2 3 4 5 Overall design or layout of Richmond’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) ................................................. 1 2 3 4 5 Overall quality of the utility infrastructure in Richmond (water, sewer, storm water, electric/gas, broadband) ........................................ 1 2 3 4 5 Overall feeling of safety in Richmond ............................................................................. 1 2 3 4 5 Overall quality of natural environment in Richmond .............................................. 1 2 3 4 5 Overall quality of parks and recreation opportunities ............................................ 1 2 3 4 5 Overall health and wellness opportunities in Richmond ....................................... 1 2 3 4 5 Overall opportunities for education, culture, and the arts..................................... 1 2 3 4 5 Residents’ connection and engagement with their community .......................... 1 2 3 4 5

3. Please indicate how likely or unlikely you are to do each of the following.

Very Somewhat Somewhat Very Don’t
likely likely unlikely unlikely know
Recommend living in Richmond to someone who asks ....................1 2 3 4 5 Remain in Richmond for the next five years ..........................................1 2 3 4 5

4. Please rate how safe or unsafe you feel:

Very Somewhat Neither safe Somewhat Very Don’t
safe safe nor unsafe unsafe unsafe know
In your neighborhood during the day ...................................... 1 2 3 4 5 6 In Richmond’s downtown/commercial area
during the day ............................................................................... 1 2 3 4 5 6 From property crime ....................................................................... 1 2 3 4 5 6 From violent crime ........................................................................... 1 2 3 4 5 6 From fire, flood, or other natural disaster ............................. 1 2 3 4 5 6

5. Please rate the job you feel the Richmond community does at each of the following.

Excellent Good Fair Poor Don’t know
Making all residents feel welcome ................................................................................... 1 2 3 4 5 Attracting people from diverse backgrounds .............................................................. 1 2 3 4 5 Valuing/respecting residents from diverse backgrounds ...................................... 1 2 3 4 5 Taking care of vulnerable residents (elderly, disabled, homeless, etc.) ........... 1 2 3 4 5

6. Please rate each of the following in the Richmond community.

Excellent Good Fair Poor Don’t know
Overall quality of business and service establishments in Richmond .............. 1 2 3 4 5 Variety of business and service establishments in Richmond ............................. 1 2 3 4 5 Vibrancy of downtown/commercial area ..................................................................... 1 2 3 4 5 Employment opportunities ................................................................................................. 1 2 3 4 5 Shopping opportunities ........................................................................................................ 1 2 3 4 5 Cost of living in Richmond ................................................................................................... 1 2 3 4 5 Overall image or reputation of Richmond ..................................................................... 1 2 3 4 5 453

The National Community Survey™ • © 2001-2023 National Research Center, Inc.

7. Please also rate each of the following in the Richmond community.

Excellent Good Fair Poor Don’t know
Traffic flow on major streets ............................................................................................... 1 2 3 4 5 Ease of public parking ............................................................................................................ 1 2 3 4 5 Ease of travel by car in Richmond .................................................................................... 1 2 3 4 5 Ease of travel by public transportation in Richmond .............................................. 1 2 3 4 5 Ease of travel by bicycle in Richmond ............................................................................ 1 2 3 4 5 Ease of walking in Richmond .............................................................................................. 1 2 3 4 5 Well-planned residential growth ...................................................................................... 1 2 3 4 5 Well-planned commercial growth .................................................................................... 1 2 3 4 5 Well-designed neighborhoods ........................................................................................... 1 2 3 4 5 Preservation of the historical or cultural character of the community ............ 1 2 3 4 5 Public places where people want to spend time ........................................................ 1 2 3 4 5 Variety of housing options ................................................................................................... 1 2 3 4 5 Availability of affordable quality housing ..................................................................... 1 2 3 4 5 Overall quality of new development in Richmond .................................................... 1 2 3 4 5 Overall appearance of Richmond ...................................................................................... 1 2 3 4 5 Cleanliness of Richmond ....................................................................................................... 1 2 3 4 5 Water resources (beaches, lakes, ponds, riverways, etc.) ..................................... 1 2 3 4 5 Air quality .................................................................................................................................... 1 2 3 4 5 Availability of paths and walking trails .......................................................................... 1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.) ... 1 2 3 4 5 Recreational opportunities .................................................................................................. 1 2 3 4 5 Availability of affordable quality food ............................................................................ 1 2 3 4 5 Availability of affordable quality health care ............................................................... 1 2 3 4 5 Availability of preventive health services ..................................................................... 1 2 3 4 5 Availability of affordable quality mental health care ............................................... 1 2 3 4 5 Opportunities to attend cultural/arts/music activities .......................................... 1 2 3 4 5 Community support for the arts ........................................................................................ 1 2 3 4 5 Availability of affordable quality childcare/preschool ............................................ 1 2 3 4 5 K-12 education .......................................................................................................................... 1 2 3 4 5 Adult educational opportunities ....................................................................................... 1 2 3 4 5 Sense of civic/community pride ........................................................................................ 1 2 3 4 5 Neighborliness of residents in Richmond ..................................................................... 1 2 3 4 5 Opportunities to participate in social events and activities .................................. 1 2 3 4 5 Opportunities to attend special events and festivals ............................................... 1 2 3 4 5 Opportunities to volunteer .................................................................................................. 1 2 3 4 5 Opportunities to participate in community matters ................................................ 1 2 3 4 5 Openness and acceptance of the community toward people
of diverse backgrounds ..................................................................................................... 1 2 3 4 5

8. Please indicate whether or not you have done each of the following in the last 12 months.

No Yes
Contacted the City of Richmond (in-person, phone, email, or web) for help or information .......................... 1 2 Contacted Richmond elected officials (in-person, phone, email, or web) to express your opinion .............. 1 2 Attended a local public meeting (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.) ............................................ 1 2 Watched (online or on television) a local public meeting ............................................................................................... 1 2 Volunteered your time to some group/activity in Richmond ....................................................................................... 1 2 Campaigned or advocated for a local issue, cause, or candidate .................................................................................. 1 2 Voted in your most recent local election ................................................................................................................................ 1 2 Used bus, rail, subway, or other public transportation instead of driving ............................................................... 1 2 Carpooled with other adults or children instead of driving alone .............................................................................. 1 2 Walked or biked instead of driving ........................................................................................................................................... 1 2 454

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The City of Richmond 2023 Community Survey

9. Please rate the quality of each of the following services in Richmond.

Excellent Good Fair Poor Don’t know
Public information services ............................................................................................. 1 2 3 4 5 Economic development ..................................................................................................... 1 2 3 4 5 Traffic enforcement ............................................................................................................ 1 2 3 4 5 Traffic signal timing ............................................................................................................ 1 2 3 4 5 Street repair ........................................................................................................................... 1 2 3 4 5 Street cleaning ....................................................................................................................... 1 2 3 4 5 Street lighting ........................................................................................................................ 1 2 3 4 5 Snow removal ........................................................................................................................ 1 2 3 4 5 Sidewalk maintenance ....................................................................................................... 1 2 3 4 5 Bus or transit services ....................................................................................................... 1 2 3 4 5 Land use, planning, and zoning ...................................................................................... 1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.) ...................................... 1 2 3 4 5 Affordable high-speed internet access ....................................................................... 1 2 3 4 5 Garbage collection ............................................................................................................... 1 2 3 4 5 Drinking water ...................................................................................................................... 1 2 3 4 5 Sewer services ....................................................................................................................... 1 2 3 4 5 Storm water management (storm drainage, dams, levees, etc.) .................... 1 2 3 4 5 Power (electric and/or gas) utility ............................................................................... 1 2 3 4 5 Utility billing .......................................................................................................................... 1 2 3 4 5 Police/Sheriff services ....................................................................................................... 1 2 3 4 5 Crime prevention ................................................................................................................. 1 2 3 4 5 Animal control ....................................................................................................................... 1 2 3 4 5 Ambulance or emergency medical services ............................................................. 1 2 3 4 5 Fire services ........................................................................................................................... 1 2 3 4 5 Fire prevention and education ....................................................................................... 1 2 3 4 5 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ..................................... 1 2 3 4 5 Preservation of natural areas (open space, farmlands, and greenbelts) ..... 1 2 3 4 5 Richmond open space ........................................................................................................ 1 2 3 4 5 Recycling .................................................................................................................................. 1 2 3 4 5 Yard waste pick-up.............................................................................................................. 1 2 3 4 5 City parks................................................................................................................................. 1 2 3 4 5 Recreation programs or classes .................................................................................... 1 2 3 4 5 Recreation centers or facilities ...................................................................................... 1 2 3 4 5 Health services ...................................................................................................................... 1 2 3 4 5 Public library services ....................................................................................................... 1 2 3 4 5 Overall customer service by Richmond employees
(police, receptionists, planners, etc.) ..................................................................... 1 2 3 4 5

10. Please rate the following categories of Richmond government performance.

Excellent Good Fair Poor Don’t know
The value of services for the taxes paid to Richmond .......................................... 1 2 3 4 5 The overall direction that Richmond is taking ........................................................ 1 2 3 4 5 The job Richmond government does at welcoming resident involvement ...... 1 2 3 4 5 Overall confidence in Richmond government ......................................................... 1 2 3 4 5 Generally acting in the best interest of the community ...................................... 1 2 3 4 5 Being honest ........................................................................................................................... 1 2 3 4 5 Being open and transparent to the public ................................................................. 1 2 3 4 5 Informing residents about issues facing the community ................................... 1 2 3 4 5 Treating all residents fairly ............................................................................................. 1 2 3 4 5 Treating residents with respect .................................................................................... 1 2 3 4 5

11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don’t know
The City of Richmond ......................................................................................................... 1 2 3 4 5 The Federal Government .................................................................................................. 1 2 3 4 5 455

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12. Please rate how important, if at all, you think it is for the Richmond community to focus on each of the following in the coming two years.

Very Somewhat Not at all
Essential important important important
Overall economic health of Richmond ....................................................................................... 1 2 3 4 Overall quality of the transportation system (auto, bicycle, foot, bus) in Richmond ...................................................................................................................................... 1 2 3 4 Overall design or layout of Richmond’s residential and commercial areas (e.g., homes, buildings, streets, parks, etc.) ............................................................ 1 2 3 4 Overall quality of the utility infrastructure in Richmond (water, sewer, storm water, electric/gas, broadband) .................................................. 1 2 3 4 Overall feeling of safety in Richmond ........................................................................................ 1 2 3 4 Overall quality of natural environment in Richmond ......................................................... 1 2 3 4 Overall quality of parks and recreation opportunities ....................................................... 1 2 3 4 Overall health and wellness opportunities in Richmond .................................................. 1 2 3 4 Overall opportunities for education, culture, and the arts ............................................... 1 2 3 4 Residents’ connection and engagement with their community ..................................... 1 2 3 4

13. How important, if at all, are the following issues for the City to address within the next two years? Very Somewhat Not at all
Essential important important important
Expanding community wi-fi .................................................................................................................. 1 2 3 4 Providing quality affordable housing ................................................................................................ 1 2 3 4 Improving traffic flow and pedestrian safety ................................................................................ 1 2 3 4 Preserving historic buildings ................................................................................................................ 1 2 3 4 Improving park conditions .................................................................................................................... 1 2 3 4 Providing more parks and open space ............................................................................................. 1 2 3 4 Renovating community centers and expanding programming ............................................. 1 2 3 4 Upgrading existing and developing more athletic fields .......................................................... 1 2 3 4 Improving street and pedestrian lighting ....................................................................................... 1 2 3 4 Developing job training opportunities ............................................................................................. 1 2 3 4 Addressing blighted properties ........................................................................................................... 1 2 3 4 Reducing crime and disorder ............................................................................................................... 1 2 3 4 Increasing transportation options (i.e. car/bike share, shuttles) ........................................ 1 2 3 4 Positively marketing the City ................................................................................................................ 1 2 3 4 Improving downtown Richmond ........................................................................................................ 1 2 3 4 Improving street paving conditions .................................................................................................. 1 2 3 4 Improving environmental quality ...................................................................................................... 1 2 3 4 Providing supportive services to previously incarcerated persons .................................... 1 2 3 4 Increasing the generation of revenue to support City services ............................................. 1 2 3 4 Improving the financial stability of the City ................................................................................... 1 2 3 4 Increasing services to support the homeless population......................................................... 1 2 3 4 Increasing economic development activities ................................................................................ 1 2 3 4 Providing more local retail and shopping opportunities for Richmond residents .............. 1 2 3 4

14. Please rate the impact of the following City services on your health and well -being:

Very positive Moderate No Moderate Very negative impact positive impact impact negative impact impact Parks .............................................................................................. 1 2 3 4 5 Recreation programs .............................................................. 1 2 3 4 5 Police ............................................................................................. 1 2 3 4 5 Fire .................................................................................................. 1 2 3 4 5 Street quality .............................................................................. 1 2 3 4 5 Street lighting ............................................................................ 1 2 3 4 5 Library services ........................................................................ 1 2 3 4 5 Affordable and quality housing.......................................... 1 2 3 4 5 Traffic safety ............................................................................... 1 2 3 4 5 Blight abatement ...................................................................... 1 2 3 4 5

15. In the last year, how often, if at all, did you worry about you, someone in your family or any other person of your same race, ethnicity or nationality experiencing unfair treatment because of your race, ethnicity, or color?  Most of the time  Some of the time  Rarely  Never 456

The National Community Survey™ • © 2001-2023 National Research Center, Inc.

The City of Richmond 2023 Community Survey

16. Compared to one year ago, how would you rate your health in general now?  Much better now than one year ago  Somewhat worse now than one year ago  Somewhat better now than one year ago  Much worse now than one year ago Our last questions are about you and your household. Responses are confidential . No identifying information will be shared.

D1. In general, how many times do you: Several Once A few times Every Less often Don’t times a day a day a week few weeks or never know
Access the internet from your home using
a computer, laptop, or tablet computer ........................... 1 2 3 4 5 6 Access the internet from your cell phone ........................... 1 2 3 4 5 6 Visit social media sites such as Facebook,
Twitter, Nextdoor, etc. ........................................................... 1 2 3 4 5 6 Use or check email ......................................................................... 1 2 3 4 5 6 Share your opinions online ........................................................ 1 2 3 4 5 6 Shop online ....................................................................................... 1 2 3 4 5 6 D2. Please rate your overall health.
 Excellent  Very good  Good  Fair  Poor
D3. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be:
 Very positive  Somewhat positive  Neutral  Somewhat negative  Very negative D4. How many years have you lived in
Richmond?
 Less than 2 years
 2-5 years
 6-10 years
 11-20 years
 More than 20 years
D5. Which best describes the building you live
in?
 Single-family detached home
 Townhouse or duplex (may share walls but
no units above or below you)
 Condominium or apartment (have units
above or below you)
 Mobile home
 Other
D6. Do you rent or own your home?
 Rent
 Own
D7. About how much is your monthly housing
cost for the place you live (including rent,
mortgage payment, property tax, property
insurance, and homeowners’ association
(HOA) fees)?
 Less than $300  $2,500 to $3,999
 $300 to $599  $4,000 to $6,999
 $600 to $999  $7,000 to $9,999
 $1,000 to $1,499  $10,000 or more
 $1,500 to $2,499
D8. Do any children 17 or under live in your
household?
 No  Yes
D9. Are you or any other members of your
household aged 65 or older?
 No  Yes

D10. How much do you anticipate your household’s total
income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.)
 Less than $25,000  $100,000 to $149,999
 $25,000 to $49,999  $150,000 to $199,999
 $50,000 to $74,999  $200,000 to $299,999
 $75,000 to $99,999  $300,000 or more
D11. Are you of Hispanic, Latino/a/x, or Spanish origin?  No  Yes
D12. What is your race? (Mark one or more races to
indicate what race you consider yourself to be.)
 American Indian or Alaskan Native
 Asian
 Black or African American
 Native Hawaiian or Other Pacific Islander
 White
 A
race not listed
D13. In which category is your age?
 18-24 years  55-64 years
 25-34 years  65-74 years
 35-44 years  75 years or older
 45-54 years
D14. What is your gender?
 Woman
 Man
 Identify in another way  go to D14a
D14a. If you identify in another way, how would you
describe your gender?
 Agender/I don’t identify with any gender
 Genderqueer/gender fluid
 Non-binary
 Transgender man
 Transgender woman
 Two-spirit
 Identify in another way
Thank you! Please return the completed survey in the postage-paid envelope to:

National Research Center, Inc., PO Box 549, Belle Mead, NJ 085 02 457

June 27, 2023

Library and Community Services

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager – Community
Services
Lori Reese-Brown, Project Manager
Subject:

Fiscal Year 2023-2024 North Richmond Mitigation Fee
Expenditure Plan
FINANCIAL IMPACT: There is no financial impact. The Mitigation Fee revenue is used to cover the costs incurred by the County and
City for listed strategies / activities authorized for funding under the North Richmond Waste and Recovery
Mitigation Fee Expenditure Plan approved by the County
of Contra Costa and the City of Richmond. Each annual
Expenditure Plan includes a contingency line item in the budget to serve as a cushion for potential revenue
shortfalls, and staff anticipates that there will be sufficient funding in the contingency fund for this purpose (Fund
1010, 11032913-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The North Richmond Waste and Recovery Mitigation Fee
Expenditure Plan requires approval by the Richmond City Council and the Contra Costa Board of Supervisors. The plan prioritizes the proposed activities, program services, and the projected revenues derived from the collection of the Mitigation Fee, to support efforts of blight reduction and cleanliness in incorporated and unincorporated North Richmond.

AGENDA
REPORT
458

June 27, 2023
RECOMMENDED ACTION:

APPROVE the Fiscal Year 2023-2024 North Richmond
Waste and Recovery Mitigation Fee Expenditure Plan,
identifying the activities authorized to be funded with Mitigation Fee revenue and respective funding
allocations for the period of July 1, 2023 through June 30, 2024, as recommended by the North Richmond Waste
and Recovery Mitigation Fee Joint Expenditure Planning
Committee – Community Services Department
(LaShonda White 510-620-6828/Lori Reese-Brown 510-
620-6869).

DISCUSSION:

The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee (Mitigation Committee) was formed for the specific purpose of preparing a North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (Expenditure Plan) to assist the City and County with the administration of funds for the benefit of North Richmond. In accordance with the Memorandum of Understanding, all proposed projects and activities included in the Expenditure Plan require authorization by the Richmond City Council and Board of Supervisors for consistency with the purpose of mitigation fund use.

On June 2, 2023, the Mitigation Committee reviewed and recommended approval of the Fiscal Year 2023-2024 Expenditure Plan by the Richmond City Council and the Contra Costa County Board of Supervisors as a means for both entities to administer the Mitigation funding for the projects listed therein (Attachment 1). The Expenditure Plan governs the use of funding for each fiscal year (July 1 through June 30) and approval would allow City staff to implement programs and projects under the jurisdiction of the City of Richmond. All the proposed projects were evaluated based on projected outcomes, contributions to the North Richmond community, fiscal management, diversity, and collaboration.

DOCUMENTS ATTACHED:

Attachment 1 – North Richmond Waste & Recovery Mitigation Fee 2023/24 Expenditure Plan

459
North Richmond Waste & Recovery Mitigation Fee
2023/2024 Expenditure Plan
The Waste & Recovery Mitigation Fee was established as a result of the Environmental Impact Report (EIR) certified in July 2004 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mi tigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows:
“
Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ie s) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.”
In J
uly 2004, the City of Richmond and Contra Costa County entered into a Mem orandum of Understanding (MOU) a greeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure P lanning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as des cribed in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors.

B
y approving this Expenditure Plan, the City Council and Board of Supervisors authorize the use of Mitigatio n Fee f unding for only the purposes and in the amounts specified herein. The City and County have each designated their respective staff persons responsible for administering the development and implementation of the approved Expenditure P lan, which includes responsibility for drafting and interpreting Expenditure Plan language. However, the City and County have not delegated to the Committee or to staff the authority to expend funding for purposes not clearly identified in the Expenditure Plan document officially approved by their respective decision-making bodies.

A
ctivities which can be funded in this Expenditure Plan period with the Mitigation Fee amounts specified within this Expenditure Plan are described herein as “Strategies” or “Staff Costs”.

Strategies are categorized as either “Core Services” or “Supplemental Enhancements”. Core Services includes the higher funding priority strategies that most directly address the intended purpose of this City/County approved Mitigation Fee, “to defray annual costs a ssociated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”.

A
ll references to the “Mitigation Fee Primary Funding Area” or “Mitigation Fee Funding Area” pertain to the geographic area shown in the attached map (Attachment 5).

Expenditure Plan Period: July 1, 2023 - June 30, 2024
(unless otherwise specified herein)
460
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 2 of 13 -
BUDGET
The funding allocation amounts included in this document apply to the Expenditure Plan Period specified on the first page unless otherwise specified herein. The total amount of funding allocated in the Expenditure Plan Budget is based on revenue projections provided by the BMPC operator, Republic Service, which are dependent upon multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI- adjusted per to n Mitigation Fee). Actual Mitigation Fee revenue may deviate from revenue projections provided by Republic and used to prepare this Budget. A “Contingency” line item is included in the Budget to help accommodate variations between projected and actual r evenue.

Excess funding allocated to strategies and not expended by the end of each Expenditure Plan period is treated as “roll-over” funding for reallocation in a subsequent Expenditure Plan period.

The Budget includes some line items that are based on fixed costs, however there are other line items which are scalable and/or dependent on utilization thereby providing flexibility to reallocate amounts if and when a significant need is identified. Allocated funding may remain unspent due to under-utilization of a particular program. If the amount allocated to a particular line item is determined to exceed needs based upon usage, the remaining funding can only be reallocated by officially amending the Expenditure Plan. This Expenditure Plan may only be adjusted upon official action taken by both the City and County. Although there has been some interest in allowing flexibility for staff to adjust funding allocations under specific circumstances, the authority to approve or modify the Expenditure Plan rests solely with the City Council and Board of Supervisors.

Annual fiscal year Expenditure Plan cycle is expected to reduce margin of error of Mitigation Fee revenue projection s, streamline financial reconciliation/budgeting process a nd minim ize need to amend Expenditure Plans mid-cycle. Amending Expenditure Plans involve administrative burden and costs due to the joint approval needed from both the Richmond City Council and County Board of Supervisors. In order to minimize the amount of funding needed to cover staff costs incurred to amend the Expenditure Plan, staff will only recommend changes to the Expenditure Plan when necessary to address a significant or time-sensitive need.

461
# Expenditure Plan (EP) Strategy
Budget
Allocations for
2023/2024
1 Bulky Item Pick-ups & Disposal Vouchers 2,000.00$
2 Neighborhood Clean-ups 30,000.00$
3 Prevention Services Coordinator 50,726.75$

4.A. City/County Right-of-Way Pick-ups & Tagging Abatement 40,000.00$

4.B. City/County Right-of-Way Pick-ups 20,000.00$
5 Code Enforcement Staff - County 91,850.60$
6 Illegal Dumping Law Enforcement 175,814.30$
7 Surveillance Cameras -$
8 Code Enforcement Staff - City 26,666.67$
9 Community Services Coordinator $ 90,909.09
10 Community Clean-Up Projects (See Attachment 2) 87,000.00$ 11 North Richmond Green Community Service Programs 16,042.00$ 12 North Richmond Green Campaign 14,500.00$
13 Garden Projects (See Attachment 4) 48,179.79$
14 Mobile Tool Lending Library 35,540.00$
Contingency (10% of Projected Revenue) 74,972.00$
Subtotal (without Committee Staffing) 804,201.20$
X Committee Administration/Staffing 90,000.00$
Total Projected Revenue in 2023/2024 (July 1, 2023 thru June 30, 2024) 749,727.00$ 144,474.20$
894,201.20$
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

BUDGET TABLE
Core ServicesSupplemental
Enhancements
Roll-over Funding from Prior EP Cycle(s)
Total 2023/2024 Expenditure Plan Budget
- Page 3 of 13 -462
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 4 of 13 -

DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING
Funding allocation amounts for each strategy are specified in the Budget table on page

3. The following Strategies describe the activities allowed to be funded with the amounts allocated to each in the Budget (associated allowable agency staff costs are described in the Staff Costs section). Strategies are grouped based on relative funding priority levels and the “Core Services” category contains higher priority Strategies than the “Supplemental Enhancements” category. Higher funding priority Strategies are those which best address the Fee’s intended purpose, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”).

Level 1 Priority - PRIMARY CORE SERVICES STRATEGIES
• 1 - Bulky Item Pick-ups & Disposal Vouchers
• 2 - Neighborhood Clean-ups
• 4.A. - City/County Right-of-Way Pick-ups & Tagging Abatement • 4.B. - City/County Right-of-Way Pick-ups
• 5 - Code Enforcement Staff – County
• 6 – Illegal Dumping Law Enforcement
• 8 – Code Enforcement Staff – City

Level 2 Priority - SECONDARY CORE SERVICES STRATEGIES
• 3 - Prevention Services Coordinator
• 7 - Surveillance Cameras

Level 3 Priority - PRIMARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 9 - Community Services Coordinator
• 10 - Community Clean-up Projects
• 11 - North Richmond Green Community Services Programs • 12 - North Richmond Green Campaign
• 13 - Garden Projects
• 14 - Mobile Tool Lending Library

CORE SERVICES

1. Bulky Item Pick-ups & Disposal Vouchers
Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to:
o Request up to one on-call pick-up service per household per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS), only available to those with an active account with RSS; or
o Request up to twenty four $5 vouchers per household for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire 463
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 5 of 13 -
1 Administering agency contracting charge applies ($3,000 per contract) after six months, Mitigation Fees only pay for vouchers that are actually redeemed).
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: City of Richmond

Implementing Entity(ies):

Community Housing Development Corporation (processes requests and issues Disposal Vouchers/arranges Bulky Item Pick-ups)
Republic Services - Golden Bear Transfer Station & Richmond Sanitary Service (reimbursed for Disposal Vouchers redeemed and Bulky Item Pick-ups provided)

Reporting/Payment Requirements: Effective July 1, 2012, CHDC and Republic Services shall provide required data pertinent to Strategy 1 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

2. Neighborhood Clean-ups
Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: City of Richmond
Implementing Entity(ies):

City Manager’s Office (coordinates scheduling of clean-up dates and associated arrangements in conjunction with partner entities)
Republic Services - Richmond Sanitary Service (reimbursed for providing/servicing clean-up boxes and disposing of debris placed in clean-up boxes)

Reporting/Payment Requirements: Effective July 1, 2012, the City Manager’s Office and Republic Services shall provide required data pertinent to Strategy 2 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

3. Prevention Services Coordinator
Fund at least a portion of a Prevention Services Coordinator (PSC) position (including salary/benefits/overhead and administering agency contracting charge 1)
on a contract basis to assist the City and County in implementing Strategy 1 as the point of contact for community members interested in claiming Disposal Vouchers or Bulky-Item Pick ups. Assist community members interested in reporting illegal dumping and seeking referral/resources. Track and report data related to illegally dumped waste collected by Republic Services Hot Spot Crew and handle 464
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 6 of 13 -
associated referrals to applicable public agencies, including right-of-way referrals for Strategy 4. The PSC may also assist City and County with administering funding allocated to selected non-profit organizations under Strategies 10 and 13. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity: Community Housing Development Corporation (CHDC) (reimbursed actual cost for part-time position that issues Disposal Vouchers/arranges Bulky Item Pick-ups)

Reporting/Payment Requirements
: Effective July 1, 2012, CHDC shall provide
required data pertinent to Strategy 1 and Strategy 3 based upon the strategy- specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

4.A. City/County Right-of-Way Pick-ups & Tagging Abatement Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping and tagging abatement in the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: City of Richmond

Implementing Entity: Richmond Public Works Department’s Abatement Division

Reporting/Payment Requirements: Effective July 1, 2012, the Richmond Public Works Department’s Abatement Division shall provide required data pertinent to Strategy 4.A. based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).

4.B. City/County Right-of-Way Pick-ups
Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping in the public right-of- way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
465
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 7 of 13 -
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity: Republic Services

Reporting/Payment Requirements: Effective July 1, 2022, Contra Costa County’s Department of Public Works shall provide required data pertinent to Strategy 4.B. based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

5. Code Enforcement Staff - County
Fund at least a portion of County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the unincorporated Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: Contra Costa County

Implementing Entity
: County Department of Conservation & Development’s
Building Inspection Division

Reporting/Payment Requirements: Effective July 1, 2012, the County Department of Conservation & Development’s Building Inspection Division shall provide required data pertinent to Strategy 5 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

6. Illegal Dumping Law Enforcement
Fund majority of a full-time Sheriff Deputy (between approximately 90-100% of salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: Contra Costa County

Implementing Entity
: County Sheriff’s Office

Reporting/Payment Requirements: Effective July 1, 2012, the County Sheriff’s Office shall provide required data pertinent to this Strategy based upon the 466
2023/2024 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 8 of 13 -
strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

7. Surveillance Cameras
Fund the cost of cameras, camera infrastructure, camera signage and costs related to monitoring, maintenance, warranty, repair & relocation of surveillance camera system equipment within the Mitigation Fee Primary Funding Area.

Cameras will be used to assist the dedicated Illegal Dumping Law Enforcement officer prevent dumping in targeting specific locations where illegal dumping occurs most regularly.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: Contra Costa County

Implementing Entity(ies):

Richmond Police Department (operate, move and maintain eight Pan-Tilt-Zoom wireless video surveillance cameras and associated camera system infrastructure throughout NR -AND- install/clean/move FlashCam cameras located within the incorporated NR area if funding is available)
County Sheriff’s Department (coordinate monitoring of FlashCams or other camera systems located throughout NR and identify/request relocation of surveillance cameras throughout NR as needed)
County Public Works Department (install/clean/move FlashCam or other camera systems cameras located within the unincorporated NR area upon request if funding is available)

Reporting/Payment Requirements: Effective July 1, 2012, each Implementing Entity shall provide required data pertinent to each entity’s applicable Strategy 7 responsibilities based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers) now or in the future.

8. Code Enforcement Staff - City
Fund at least a portion of City code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated Mitigation Funding Area.

Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: City of Richmond

Implementing Entity
: City Department of Infrastructure Maintenance & Operations 467
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Reporting/Payment Requirements: Effective July 1, 2020, the City Department of Infrastructure Maintenance & Operations shall provide required data pertinent to Strategy 8 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).

SUPPLEMENTAL ENHANCEMENTS

9. Community Services Coordinator
Fund at least a portion of a Community Services Coordinator (CSC) position to be staffed on a contract basis (including salary/benefits/overhead and administering agency contracting charge2). The CSC shall:
• serve as a link between the community of North Richmond, the City of Richmond, and Contra Costa County for issues related to beautification, illegal dumping, and blight using referral process identified by the City and County;
• coordinate outreach activities related to illegal dumping and beautification within the Primary Funding area, as specified by the City/County, including North Richmond Green community service programs and outreach activities described under Strategies 11 & 12; and
• Identifying potential sites for Strategy 10 Clean-Up Projects. • be bilingual in order to assist with Spanish translation as needed. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: Contra Costa County

Implementing Entity
: Community Housing Development Corporation (CHDC).

Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

10. Community Clean-up Projects
Fund the implementation, oversight and administering agency contracting charges3 of community clean-up projects with specific focus on reducing blight. Community clean-up projects may involve the removal of debris and/or landscaping maintenance. Sites to be cleaned shall be in the Mitigation Fee Funding area and designated by the Administering Agency. The number of sites to be cleaned will be determined by the amount of funding allocated.

2 Administering agency contracting charge is $3,000 per contract. 3 Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation (as described in the “Administering Agency” section).

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4 Administering agency contracting charge applies ($3,000 per contract) A breakdown of contracting costs and amount awarded to the Implementing Entity is contained in the Community Clean-up Project Table included as Attachment 2.

Up to 15% of the Implementing Entity’s Award Amount in Attachment 2 may be used for a fiscal sponsor or administrative oversight.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County. Community Housing Development Corporation (CHDC) may under contract with the County as an Administering Agency, administer Community Clean-Up Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Community Clean-Up Projects (after subtracting City/County contracting cost) listed in Attachment 2 to oversee implementation, including facilitating review/assessment of reports’ and deliverables. Payments to Implementing Entities for Community Clean-Up Projects shall not be issued by CHDC without the written approval of City and County Committee Staff.

Implementing Entity: See Community Clean-up Projects Table in Attachment 2

Reporting/Payment Requirements: Any Community Clean-Up Projects shall be subject to the Reporting & Invoicing Requirements specified in the template Memorandum of Understanding included in Attachment 1. Attachment 1 only applies to Community Clean-Up Project contracts with the Implementing Entities.

The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available for payments requested by Implementing Entities if and when authorized by City and County Staff. Additionally, CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided.

11. North Richmond Green Community Services Programs
Fund the following North Richmond Green programs on a contract basis4 to the extent the specific details submitted are determined to align with the purpose of the Mitigation Fee and Expenditure Plan:
• NR Little League Baseball Program - Includes cost of registration and uniforms with customized North Richmond Green patches for up to 5-6 teams, season kick-off event/parade, equipment, stipends for game monitoring and oversight, food and transportation.
• NR Youth Twilight Basketball Program - Includes cost of registration and uniforms with North Richmond Green patches for up to 5-6 teams, equipment, stipends for game monitoring and oversight, food and transportation. • NR Eco Workshops & Beautification Projects – Eco Workshops and Beautification Projects include school gardens, recycling efforts, beach/creek/neighborhood clean- ups and ecological field trips. May fund the cost of materials, transportation and fees associated with pre-approved community beautification projects such landscaping and murals.
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5 Administering agency contracting charge applies ($3,000 per contract) [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity: Community Housing Development Corporation (CHDC)

Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

12. North Richmond Green Campaign
Fund the design, printing and/or distribution of education and outreach materials on a contract basis
5 which must align with the purpose of the Mitigation Fee and Expenditure Plan and be pre-approved by Committee Staff. Outreach materials must include “Jointly funded by City of Richmond & Contra Costa County” unless otherwise specified herein. Outreach materials may be any of the types specified below, however must clearly intend to directly:
• Inform the community about Mitigation Fee funded programs/efforts, • Increase participation in Mitigation funded programs/efforts, • Reduce illegal dumping and blight in the Mitigation Fee Funding Area, and/or • Promote beautification in the Mitigation Fee Funding Area.

The following type of outreach material expenditures may be funded if reviewed and pre-approved by Committee Staff:
• STIPENDS – Pay local community members (youth and adults) to distribute printed outreach materials door-to-door to promote mitigation-funded strategies (Jointly Funded text not applicable to stipend expenses, only materials) • HANDOUTS/MAILERS – Newsletters, flyers, brochures or other documents intended to be handed out or mailed to local residents/organizations. • T-SHIRTS - Shirts shall include the NRGreen.org website to encourage people to learn more about Mitigation funded programs/efforts (local phone number should also be included when possible, however inclusion of Jointly Funded text may not be required)
• NR GREEN FESTIVAL – Event held once per year and generally include information booths to raise awareness about mitigation-funded efforts and other local beautification efforts as well as fun activities for kids and food.

Materials promoting the event shall include the NRGreen.org website as well as a local phone number.
• SIGNAGE – Printed or manufactured signage, which includes promotional banners for local events/parades, which should include the NRGreen.org website for Community members to learn more about Mitigation funded programs/efforts. Repair, replacement and removal of NRMF-funded Light Pole Banners.
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[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity
: Community Housing Development Corporation (CHDC)

Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

13. Garden Projects
Fund the implementation, oversight and administering agency contracting charges 6 of Garden Projects as further described below.

Community Garden Projects: Fund on-going maintenance and up-keep of existing community gardens within the Primary Funding Area. The projects selected under this Strategy has been funded on an on-going basis.

Garden Retrofit Projects: Fund the development and implementation of educational garden retrofit events within the Primary Funding Area. Sites for garden retrofits shall be selected via an application process administered by the implementing Entity and approved by County/City staff. Garden retrofit applications will be ranked based on the applicant’s ability/willingness to maintain the garden after installation, the visibility of the site from the street, and the size of the garden site.

The number of garden sites to be retrofitted will be determined by the amount of funding allocated. Garden retrofits shall contain drought-tolerant, native plants.

Details, including recommended allocation amounts, for Projects are included in Attachment 4. Up to 15% of the Non-Profit Implementer Award Amount specified in Attachment 4 may be used for administrative oversite.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agencies
: Contra Costa County. Community Housing Development
Corporation (CHDC) may under contract with the County as the Administering Agency, administer Garden Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Projects (after subtracting City/County contracting cost) to oversee implementation, including facilitating review/assessment of reports and deliverables. Payments to Implementing Entities for Garden Projects shall not be issued by CHDC without the written approval of both City and County Committee Staff.

Implementing Entity
: See Garden Projects Table in Attachment 4

Reporting/Payment Requirements: Any Garden Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements 6 Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation (as described in the “Administering Agency” section). 471
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equivalent with those shown in Attachment 3. Garden Project contracts being administered by CHDC on behalf of the County shall also incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Attachment 3 only applies to the Garden Project contracts with the Implementing Entities.

CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 3 due to the nature of the services to be provided. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff.

14. Mobile Tool Lending Library
Fund the development, implementation, and on-going maintenance of a mobile tool lending library that is accessible to the public within the Mitigation Fee Primary Funding Area at least once a week. Funding is intended to pay for the purchase of educational material, tools, a cell phone for the library, costs related to the tool lending system & trailer/tool maintenance, and personnel/labor.

Administering Agency: City of Richmond
Implementing Entity: City of Richmond Community Services Department

Reporting/Payment Requirements: Effective July 1, 2020, the City of Richmond Community Services Department shall provide required data pertinent to Strategy 14 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

STAFF COSTS
Committee Administration/Staffing Funding: The funding allocated for Committee Administration/Staffing may not be adequate to cover the full cost of staff time necessary for jointly staffing the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee as well as developing, administering and overseeing this Expenditure Plan for the specified period. Supplemental funding allocation may be necessary upon determining actual costs exceed the amount budgeted to cover the intended City/County costs for joint staffing.

Strategy-Specific Funding: The cost of City/County staff time spent providing direct implementation assistance and/or coordination for specific Strategies may be covered with a portion of the NRMF funding budgeted for each applicable Strategy. Additionally, a portion of the NRMF funding budgeted for Strategies will be used to pay fixed administering agency contracting charge for each applicable contract (Currently $3,000 per contract. An additional $3,000 may be added to a contract amendment to add additional funding or nonprofits to a contract during an existing contract cycle) unless otherwise specified herein.

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TEMPLATE MEMORANDUM OF UNDERSTANDING BETWEEN

AND

COMMUNITY HOUSING DEVELOPMENT CORPORATION

This is an agreement made and executed on _______ between Community Housing Development Corporation (CHDC) and _______ (Contractor). This contract will remain in effect for the time period identified in the TERM section of the agreement.

OVERVIEW:

The _________ North Richmond Mitigation Fee (NRMF) Expenditure Plan approved by the Board of Supervisors in ______ and Richmond City Council in _______ allocates a total of $_______to the Contractor for the disbursement of funds within Strategy 10 to complete Clean-Up Project(s) in the North Richmond Mitigation Area.

TERM:

The term of this agreement begins on _______ and ends on _______. Contractor will complete all work performed under this agreement not later than ________. Invoices submitted for work performed before or after this specified term and invoices submitted after _______will not be paid.

I. Contractor’s Obligations

The Contractor shall administer the _________, as described herein for an amount not to exceed $_____involving the following activities:

A. Recruit and Hire up to four (4) workers

1. Contractor will develop and publicize the job announcements. Job announcements shall contain, “Jointly funded by The City of Richmond & Contra Costa County” language.

2. Contractor will interview, select and hire up to four workers.

3. Contractor will host training for new hires that discusses the proper procedures of dispos al of hazardous waste (televisions, phones, batteries, tires, paint etc.).

Task A - Deliverables:

1. Documentation of publicized job announcement in English/Spanish with required jointly funded language.

2. Documentation of hiring papers.

B. Clean up to _____(_) North Richmond Sites Approved by the County

1. Contractor shall select North Richmond addresses provided by the County or City to be cleaned during each clean up. Community clean -up p rojects may involve the remo val of debris and/or landscaping maintenance.
a. Addresses provided by the County or City will include a description of debris for removal and/ or landscaping needs.
b. Addresses provided by the County o r City shall only be selected once for clean -up unless directed otherwise by County Staff.

2. Contractor will confir m with the County the address for cleanup one week and provide clear written procedures for the proper disposal of all waste types previously described at each clean-up site, including Attachment 1
473

waste that is recyclable, hazardous or requires special handling. Proc edures shall be su bmitted and approved by the County before the site is cleaned up.

3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste.

4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris remo ved from the area during clean -up, using a log or other method agreed upon in advance.

5. Contractor shall demonst rate how the mate rials/debris re moved dur ing the clean-up were transported and where each type was properly recycled, composted or disposed.

Task B - Deliverables:

1. Documentation of disposal procedures approved by the County for each confirmed clean-up address.

2. Before photos of the entire site before the material/debris has been cleaned up.

3. Completed Contractor’s Log identifying the types and amount of material/debris removed.

4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos.

5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe.

For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. e- mail message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation.

C. Attend Community Meetings and Events

1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31st, March 31st and June 30th).
a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter.

Task C - Deliverables:

1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings

D. Reporting & Invoicing

1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting 474

documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report.

Task D- Deliverables:

1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose

2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a.

3. Completed Final P rogress Report a ddressing the entire pro ject to be submitted with the final invoice consistent with Section III.3.a.

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E. Eligible Costs:

Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______.

Budget Line Items by
Task/Deliverable
Quantity Payment
per Unit
Total
Payments Budget Amount
A. Recruit and hire up to four (4) workers $ 1,750 Deliverable 1 - Recruitment
Documentation 1 each $350 $350
Deliverable 2 - Hiring
Documentation 4 each $350 $1,400
B. Clean-up up to _____(_) designated locations in the
NRMF Funding Area $ _______
Deliverable 1 - Procedures _ each $200 $1600-
Deliverable 2 - Before
Photos _ each $300 $2,400-
Deliverable 3 - Contractors
Log _ each $400 $3,200-
Deliverable 4 - After Photos _ each $300 $2,400-
Deliverable 5 - Disposal
Documentation _ each $600 $4,800-
C. Attend North Richmond Green Meetings $ 750
Deliverable 1 - NR Green
Meetings 3 each $250 $750
D. Reporting and Invoicing $ 2,500
Deliverable 1 - Timely &
Complete Invoice 9 each $100 $900
Deliverable 2 - Progress
Reports 8 each $150 $1,200
Deliverable 3 - Final
Progress Report 1 each $400 $400

SUBTOTAL $ ______
Fiscal Agent (10% of amount
invoiced) $0

TOTAL BUDGET &
ALLOWABLE PAYMENTS $ ______

II. CHDC’s Obligations
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Subject to the payment limit of $______CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement.

III. Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than $______. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid.

1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance.

2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.

3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested.

4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
477

a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations.
b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice.

SIGNATURES: Executed on the dates and by the persons named below.

Date: ____________________________ Date: _________________________________

By: _________________________________ By: ___________________________________

Name: _______________________________ Name: ________________________________

IV. Conflict of Interest
By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee.

Signature:________________________________________________________________

Name: __________________________________________________________________

Title: ___________________________________________________________________

Date: ___________________________

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Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance
Payment Allowed
(Up to 10% of
Implementer
Award Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award Amount
for Project
Notes
Social Progress Inc. Brighter Beginnings in North
Richmond Yes $ 29,999.76 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 SOS! Richmond SOS! Richmond Yes $ 75,000.00 $ 36,500.00 $ 1,000.00 $ 7,100.00 $ 28,400.00 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 $ 124,999.76 $ 87,000.00 $ 3,000.00 $ 16,800.00 $ 67,200.00 Total Funding Requested/Allocated 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding.
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts.

Attachment 2 - Community Clean-up Projects Table (Strategy 10) 2023/24 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $87,000.00 is recommended to be allocated in the 2023/2024 Expenditure Plan for Community Clean-up Projects (Strategy 10). Two of the three entities below were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 The third entity, SOS! Richmond, was added per Committee direction at the October 16, 2020 meeting.

Community Clean-up Projects Recommended for Funding in 2023/2024 479

Garden Project Reporting and Invoicing Requirements
Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments

Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice.

Task Deliverables
The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task.

The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.

Timely Submittal of Invoices
A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified.

The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports.

Pre-approval Required for Supplies and Materials
Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task.

Attendance of Community Meetings and Events
Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s).

Acknowledgment Required on Outreach & Promotional Materials Attachment 3
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Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address.

Authorized Advance Payments
In order to receive any potential payment in advance, such must be authorized for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan, the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount (not to exceed 10% of total award) would pay for and how such costs will aid in the completion of each applicable required task.

Conflict of Interest Provisions
Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Contra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County).

Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th.

Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment.

1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables.

a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested.

2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.

a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation.
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b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice.

City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement.

G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2021-2022 Exp Plan\Attachment 3.doc

482
Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance Payment
Allowed
(Up to 10% of
Implementer Award
Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award
Amount for
Project
Notes
Watershed Project Curb Appeal No $ 29,986.25 $ 28,062.13 $ 1,747.34 $ 5,262.96 $ 21,051.83 Communities United Restoring Mother
Earth (CURME) /
Greater Richmond Interfaith Program
Lots of Crops No $ 15,092.00 $ 20,117.66 $ 1,252.66 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 45,078.25 $ 48,179.79 3,000.00 9,035.96 $ 36,143.83 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018.

Attachment 4 - Garden Projects (Strategy 13)
2023/2024 Funding Allocations for Garden Projects
recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2023/2024 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2023/2024
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. 483
Southern boundary
shown on back side
Attachment 5
484
Hensley St
Garrard Blvd
Richmond Pkwy
7th St
Hensley St
Duboce Ave
Sanford Ave
8th St
Willard Ave
9th St
York St
Vernon Ave
Filbert St
Lincoln Ave
Battery St
Factory St
N Castro St
Kelsey St
6th St
Triangle Ct
Leo St
10th St
Amstan Ln
Cherry St
Lucas Ave
Presco Ln
Joy Ave
Enterprise Ave
Factory St
Committee Approved Additions to Primary Mitigation Funding Area Market Ave
Chesley Ave
Rum
rill Blvd
Legend
July 2006 Additiion to Mitigatin Funding Area
Primary Mitigation Funding Area
²
0 130 260 390 52065
Feet
485

June 27, 2023

Police Department

DATE: June 27, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police
Timothy Simmons, Assistant Chief of Police

Subject:

Agreement with Sacramento Hotel Partners, LLC dba
Embassy Suites for a Peace Officers Standards and
Training (POST) Team Building Workshop
FINANCIAL IMPACT: A portion of the total expense will be reimbursed through POST (~ $5,579.15). The balance (roughly $25,500
maximum), will be covered through the Police
Department’s General Fund budget for Fiscal Year 2023-
2024 – account strings 01191021-400243 (hotel rooms
and conference room rental), 01191021-400241 (meal
allowance).

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

Peace Officers Standards and Training (POST) offers
three to four sponsored agency Team Building
Workshops (TBW) that they pick out of roughly one-
hundred yearly agency applicants. The City of Richmond
Police Department (RPD) was selected as a POST
sponsored agency this year, and RPD staff is seeking
approval of expenses in excess of POST’s reimbursable
limits.

AGENDA
REPORT
486

June 27, 2023
RECOMMENDED ACTION:

APPROVE an agreement with Sacramento Hotel
Partners, LLC dba Embassy Suites by Hilton Sacramento
Riverfront Promenade for hotel lodging and conference
room rental in an amount not to exceed $25,500, which
includes a $737.09 contingency; and APPROVE
expenses in the amount not to exceed $5,500 for mileage and meal costs, which includes a $159.40 contingency,
for a combined total of $31,000, of which $5,579.15 is
reimbursable by Peace Officers Standards and Training
Team Building Workshop (TBW) sponsorship – Police
Department (Chief Bisa French 510-621-1802).

DISCUSSION:

On May 1 of each year, Peace Officers Standards and Training (POST) opens its application process to sponsor a few law enforcement agencies to host their own Team Building Workshop (TBW) facilitated by a POST approved presenter during the following fiscal year. In preparation, the City of Richmond’s Police Department, identified a hotel that met the requirements set forth by POST (and the City’s own purchasing policies), which includes a hotel 50-100 miles from the agency’s headquarters, and meeting rooms that could accommodate the guests, breakout sessions, and the presenter.

POST’s sponsorship includes the payment directly to the presenter, presenter’s salary, presenter’s travel and per diem expenses, reimbursement of up to $250 per day for conference room rentals, reimbursement for up to 19 guests to include: lodging (at the POST reimbursement rate of $95 per night for two nights), lunch up to $11 per guest, dinner up $23 per guest, per diem expenses up to $5 per guest, and mileage reimbursement up to 200 miles per every four attendees.

As described by POST, the benefits of the TBW include:

 Identification of Need: The POST-certified presenter will survey the agency to develop preliminary information about the problem(s) and/or issue(s) to be addressed in the workshop, and agree with the client agency how long the workshop will be (16 or 24 hours).
 Workshop Session: Sixteen (16) to twenty-four (24) hours are set aside for group work at a location selected by the client agency. During the workshop, an action plan is developed to solve identified problems, set goals or objectives, and/or team build. The presenter will return the completed TBW Action Plan to POST within 90 days.
 Follow-up Evaluation: The presenter is required to contact the agency following the workshop to aid in the implementation of action items identified in the Action Plan.

487

June 27, 2023
With very few exceptions, virtually all the Police Department’s current management team is composed of newly promoted sergeants, lieutenants, and captains. The management team is eager to learn and grow in their new roles and the executive team full-heartedly believes that this offsite TBW is a great opportunity to get the team moving in a positive direction. Moreover, with 24/7/365 coverage, it is very difficult, if not impossible to gather all management teams together, physically, in front of the Chief of Police. Additionally, City Council has discussed goals that they would like to see that are related to Public Safety. This TBW will provide the Chief of Police with an opportunity to integrate the City Council priorities centered around the Police Department practices.

The Team Building Workshop represents a commitment by the Police Department staff to be the best representation of the City, and to provide the best service to its citizens.

Police Department staff wants to use this TBW as a way to re-align its focus on providing the best care, communication, and forwarding thinking to the officers that represent each of us (all City employees) in the community. Police Department staff understands that what we get out of the TBW will be reflective of how much we put into it, and for that reason, RPD staff is asking City Council to approve the total expense of $31,000, to include a total contingency of $896.49, and to expect a POST reimbursement of $5,579.15.

DOCUMENTS ATTACHED:

Attachment 1 – Hotel Agreement
Attachment 2 – POST Approval
Attachment 3 – Hotel Cost Comparisons

488

QUICK CONFIRMATION AGREEMENT
May 1, 2023
A satisfied customer is our goal. We believe that, if you feel like we delivered the service and product we promised, it is likely you will return and you will tell others about your positive experience.

This Quick Confirmation Agreement between Richmond Police Department (“Group” or “you” or “your(s)”) and Sacramento Hotel Partners, LLC ("Owner"), d/b/a Embassy Suites by Hilton Sacramento Riverfront Promenade (the “Hotel” or “we” or “us” or “our”) is intended to be helpful to both you and us and result in your satisfaction with our performance.

Especially Prepared for:

Event & Hotel Information:

Embassy Suites by Hilton Sacramento Riverfront Promenade 100 Capitol Mall, Sacramento CA 95814
Group Contact: Timothy Simmons Name of “Event”: Richmond Police Department Title: Assistant Police Chief Date(s) of Event: September 24, 2023 - September 27, 2023 Company Name: Richmond Police Department Post to Reader Board: Richmond PD Team Building Address: 200 w. Grace Street Hotel Contact: Clark Sikora City, State, Zip: Richmond, VA 23220 Title: Sales Manager Phone: (510) 620-6651 Phone: 916-326-5003
Fax: - Fax: 916-442-0719
Email: [email protected] Email: [email protected] The sleeping rooms, function space and food and beverage functions listed below will be considered definite commitments upon signing of this Agreement by both parties, and will be subject to all terms and conditions set forth herein. We are pleased to reserve the following accommodations and arrangements for your Event. Please review the detailed information outlined within to assure that this accurately reflects your requirements:

SLEEPING ROOMS and RATES (“Room Block”)

Richmond PD T eam Building
Sun 09/24/2023 Mon 09/25/2023 Tue 09/26/2023
Rooms Rate Rooms Rate Rooms Rate
Run of House S 19 $224.00 19 $224.00 41 $224.00

TOTAL SLEEPING ROOM NIGHTS RESERVED: 79
TOTAL ANTICIPATED SLEEPING ROOM REVENUE: $17,696.00

Sleeping room rates are net non-commissionable. Room rates are quoted exclusive of applicable state and local taxes (which are currently 12% occupancy, 4% Sacramento Tourism Assessment and $0.45 CA Tourism Assessment per night) or applicable service, or hotel specific fees in effect at the Hotel at the time of the event.
 All Suites include a full cooked-to-order breakfast and beverage reception nightly.  There will be a charge of $25 per night for each additional guest in suite (if more than 2 adults per suite).  Valet Parking available at $35 per night (based on availability). Self-Parking is located in the city garage adjacent to the hotel.

SCHEDULE OF EVENTS AND FUNCTION SPACE CHARGES
Date Time Event Class Room Setup AGR Rental
Mon, 09/25/23 9:00 AM - 5:00 PM Breakout (small) John Sutter Boardroom Conference/Boardroom 12 $300 Mon, 09/25/23 9:00 AM - 5:00 PM Breakout (medium) Stagecoach Conference/Boardroom 24 $500 Tue, 09/26/23 9:00 AM - 5:00 PM Breakout (small) John Sutter Boardroom Conference/Boardroom 12 $300 Tue, 09/26/23 9:00 AM - 5:00 PM Breakout (medium) Stagecoach Conference/Boardroom 24 $500 Tue, 09/26/23 9:00 AM - 5:00 PM Meeting (large) River City Ballroom Hollow Square 42 $900 Wed, 09/27/23 9:00 AM - 5:00 PM Breakout (small) John Sutter Boardroom Conference/Boardroom 12 $300 Wed, 09/27/23 9:00 AM - 5:00 PM Breakout (medium) Stagecoach Conference/Boardroom 24 $500 Wed, 09/27/23 9:00 AM - 5:00 PM Meeting (large) River City Ballroom Hollow Square 42 $900  Specific meeting rooms cannot be guaranteed and are subject to change

GRATUITY AND SERVICE CHARGE: The combined gratuity and service charge that is in effect on the day of your Event will be added to your account.

Currently, the combined charge is equal to 23% of the published retail price of food and beverage, plus any applicable state and/or local taxes. A portion of this combined charge (currently 17.25%) is a gratuity and will be fully distributed to servers, and where applicable, bussers and/or bartenders assigned to the Event. The remainder o f the combined charge (currently 5.75%) is a service charge that is not a gratuity and is the property of Hotel to cover discretionary and administrative costs of your Event. We will endeavor to notify you in advance of your Event of any increase s to the combined charge should different gratuity and/or service charge amounts be in effect on the day of your Event.

489

Summary Of Minimum Revenue Anticipated By Hotel From This Agreement** Total Anticipated Sleeping Room Revenue: $17,696.00
Total Anticipated Sleeping Room Tax Charge: $2,866.91
Total Anticipated Food & Beverage Revenue: $0.00
Total Anticipated Room Rental Fees: $4,200.00
“Total Minimum Anticipated Revenue”**: $24,762.91
** Does not include gratuities, service charges, labor fees, applicable federal, state or local taxes or any other fees outside of food and beverage product sales

TERMS AND CONDITIONS

1. RESERVATIONS; GUEST RESERVATION INFORMATION: Reservations will be made by via a rooming list. Hilton offers direct download into our reservation system using RAPID! (Reservation Automated Processing Input and Delivery). Your designated Event Manager will send you an Excel template to create your rooming list. Your final rooming list must be received on or before the cut-off date.

Reservations must be made no later than Wednesday, September 6, 2023. After that date, you agree that we may offer unused rooms held in your block to other customers. Reservations requested by your attendees after this date will be accepted based upon availability.  Room/tax and valet will be charged to Group’s Master Account. Individuals will pay all incidental charges.

If you request that Hotel provide you and/or your representative(s) with access to guest reservation information pertaining t o guests who have reserved rooms at the Hotel as part of the Room Block (each, an “Attendee”) established pursuant to this Agreement, then you certify that you already obtained, or will obtain, consent from each of your Attendees for the Hotel or Hilton Worldwide, Inc. to provide to you and/or your re presentative(s) such Attendee’s reservation information, and you further agree to reimburse Hotel and Hilton Worldwide, Inc. for any costs, damages, fees or expenses of any kind arising from any claim(s) by an Attendee relating to the Hotel’s or Hilton Worldwide, Inc.’s disclosure of any Attendee’s reservation information.

2. BANQUET SERVICES: You agree to confirm with us the assigned function space before printing any materials listing specific meeting or function locations. The Schedule of Events listed above indicates the function space that will be held on a definite basis upon signing of this Agreement by both parties. You agree to confirm with us the assigned function space before printing or publishing any materials listin g specific meeting or function locations. If for any reason the function space reserved is not available for your Event, you agree that we may substitute sp ace of appropriate size and comparable quality for your Event. Please contact the Hotel at least one month before your Event to review and confirm the details for your Event, including menus, decorations, entertainment and beverage service.

Your Event Manager will contact you at least twenty one (21) days before your Event to review and re-confirm the details for your Event, including menus, decorations, entertainment and beverage service. We require that your final menu selections and room set specifications be co mpleted and received at least twenty one (21) days prior to your major arrival day.

If for any reason your final menu selections and room set specifications are provided to the Hotel fourteen (14) days or less prior to your major arrival day, Hotel may, in our sole discretion, make Chef’s Selections for food product based on your delayed submission of final menu selections, and you agree to accept such substitutions.

Due to supply chain logistics that are out of the control of the Hotel including seasonal availability of product, holidays and weekends, if for any reason you do not provide the Hotel with your final menu selections and room set specifications at least ten (10) days prior to your major arrival day, the Hotel will assess an extra fee equal to $1.00 per menu per person to offset extr a costs Hotel may incur when placing expedited food product orders to Hotel’s suppliers.

At least five (5) business days before your Event, you must inform us of the exact number of people who will attend your Event functions, to confirm all final arrangements and prices, by contacting your assigned Event Manager by email or phone. Guarantees by text message cannot be accepted. If you do not advise Hotel of any changes on the Event Orders by the date requested by Hotel, you agree that the Event Orders will be considered accepted by you as correct and you will be billed accordingly. We will not undertake to serve more than 3% above this guaranteed minimum.

Upon review of your Event requirements, Banquet Event Orders will be sent to you to confirm al l final arrangements and prices. These Banquet Event Orders will serve as a part of this Agreement. If you do not advise us of any changes on the Banquet Event Orders by the date requested by Hotel, you agree that the Event Orders will be considered accepted by you as correct and you will be billed accordingly.

You agree to begin your functions promptly at the scheduled start times and agree to have your guests, invitees and other persons vacate the designated function spaces at the end times indicated on the final Event Orders. You further agree to reimburse us for any overtime wage payments or other expenses incurred by us because of your failure to comply with these requirements.

There may be increases in prices due to unforeseen changes in market conditions at the time of your Event. We will communicate these increases to you in advance. We will require written confirmation that you agree to pay these increased prices, or at our option we may make reasonable substitutions in menus, and you agree to accept such substitutions.

Should extensive meeting room set -ups or elaborate staging be required, there will be a set -up charge to cover Hotel costs and additional labor. If equipment is necessary that exceeds Hotel’s inventory, then you agree to pay for the cost of renting this additional equipment.

Due to state law, you may not bring alcoholic beverages into the Hotel for your Event. You must obtain our prior approval be fore you bring any food or non-alcoholic beverages from outside sources into our Hotel. If approval is granted by Hotel, you must sign a hold harmless and indemnification agreement in the form currently in use at Hotel before any food or beverage products not purchased from us and served by Hotel staff are brought in for consumption by your guests. Service fees will apply to any outside food or beverage served in our function space, regardless whether Hotel labor is required.

3. DESCRIPTION AND DISCLOSURE OF THIRD-PARTY PAYMENTS: “DELETED IN ITS ENTIRETY”

4. PAYMENT: Please be advised a “Credit Card Authorization” form must be filled out and returned along with this signed agreement to hold the block of rooms and meeting space.

We require that you pay an initial deposit of $10,000.00 of the Total Minimum Anticipated Revenue within 14 days after receipt of a final signed Agreement from Hotel. You agree to pay the entire remaining balance of the Total Minimum Anticipated Revenue in cash or by certified check at least ten (10) days prior to your Event or by personal bank check no later than two weeks prior to your Event. If you have established credit, payment of the remaining balance will be due within thirty (30) days after receipt of the bill. 490

We reserve the right to require additional advance payments of all or part of the estimated charges if your credit status changes. If advance payments or deposits are not paid on a timely basis, the Hotel will have the right, at its option, to consider the Agreement cancelled and will be entitled to cancellation damages as provided in this Agreement.

Hilton accepts American Express, Diners Club, Discover Card, JCB International, Master Card or Visa. If credit has not been approved for your Event, you will provide us with the credit card to which all estimated master account charges will be pre-authorized and/or charged no later than 5-10 Business days prior to the beginning of the event. If credit has been approved, you will provide us with your credit card information at the time of your Event. If payment of all undisputed charges is not received within thirty (30) days after your receipt of the final invoice, a finance charge of 1.5% per month, or the maximum amount allowed by law, whichever is less, will accrue on the unpaid, undisputed amount, commencing on the date of receipt of the final invoice.

Credit Cards may have daily limits that may prevent securing full payment for the amount due. You are responsible for ensuring that all methods of payment have adequate daily funds available to finalize the bill.

5. CANCELLATION AND PERFORMANCE POLICIES: The rates offered by us are based in part upon the total gross revenues anticipated by us from your agreement to use and pay for the rooms and events set forth in this Agreement. You guarantee that your Event will provide the Total Minimum Anticipated Revenue. You agree and understand that, in the event of a cancellation or lack of full performance by you, our actual damages would be difficult to determine. Therefore, you agree that should you cancel your Event for any reason (excluding those reasons listed under the “Impossibility” clause) , including changing your meeting/function site to another hotel, you will pay as liquidated damages, plus any applicable state and/or local taxes as required by law, to the Hotel immediatel y upon notice of cancellation a percentage of Total Minimum Anticipated Revenue for your Event, as follows:

Date of Hotel’s Receipt of Cancellation Notice* Percentage of Total Minimum Anticipated Revenue Owed
Amount of
Cancellation Damages Owed
Date of signing to 90 days in advance of event start date. 25% = $6,190.73 89 days to 60 days in advance 50% = $12,381.46
59 to 30 days in advance 75% = $18,572.18
29 days or less in advance of event 100% = $24,762.91
*Hotel may, in its sole discretion, consider your notice of cancellation to be invalid and thus may not release accommodations held until payment of the cancellation damages is received; therefore delay in payment may result in higher cancellation damages owed.

You further agree to pay reasonable liquidated damages to the Hotel for lack of performance if the Event is held but the Hotel does not realize the Total Minimum Anticipated Revenue from your Event. The damages owed will be the amount necessary for the Hotel to receive no less than 80% of the Total Anticipated Sleeping Room Revenue , and 100% of the meeting room rental as described in the Summary table of Minimum Anticipated Revenue in this agreement, plus any applicable state and/or local taxes as required by law. If credit has not been established, all estimated Total Minimum Anticipated Revenue performance damages will be due and payable to the Hotel at or before the conclus ion of the event.

6. DISPLAYS AND DECORATIONS: You may, at your option, purchase insurance to cover your personal property, including decorations, special objects and other property. To the fullest extent permitted by law, we are not responsible for any loss or damage to property belonging to you or your attendees and do not maintain insurance covering it. All displays and/or decorations will be subject to our prior written approval and we reserve the right to contract and charge you for Hotel staff to provide the labor for any installations or removals of such. Hotel can advise you of such potential charges upon request.

7. OUTSIDE CONTRACTORS: Should you elect to utilize outside contractors or subcontractors on Hotel premises during your Event, including, but not limited to, a destination management company, audio/visual se rvices, caterer, decorators, or others, you must notify us of your intention to use such providers at least thirty (30) days in advance of your Event. Your outside contractors must sign a hold harmless, indem nification and insurance agreement as in the attached Exhibit entitled “Hold Harmless Agreement – Outside Contractors” in favor of Hotel, Hilton Worldwide, Inc., Hotel’s Owner and Group, and provide proof of insurance in amounts acceptable to Hotel (amounts and types of insurance may be changed or increased in Hotel’s sole discretion based on the type of services the outside contractor will be providing) before your outside contractors will be al lowed to provide services on Hotel premises.

8. SECURITY: If required, in our sole judgment, in order to maintain adequate security measures in light of the size and/or nature of your Event, you will provide, at your expense, security personnel supplied by a reputable licensed guard or security agency doing busines s in the city or county in which we are locat ed, which agency will be subject to our prior approval. Such security personnel may not carry weapons. Your security agency must sign a hold harmless, indemnification and insurance agreement in the form currently in use at Hotel in favor of Hotel, Hilton Worldwide, Inc., Hotel’s Owner and Group, and provide proof of insurance in amounts acceptable to Hotel before your security contractor will be allowed to provide security services on Hotel premises.

9. CONDUCT OF EVENT: You assume full responsibility for the conduct of all persons in attendance at your Event and for any damage done to any part of our premises during the time of your Event, whether caused by you, your agents, employees, contractors or attendees, including any damage resulting from or connected with transportation, placing, removal or display of exhibits, displays or other items related to your Event. You also agree that your Event will not create any disturbance to other guests or meetings, such as noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any activity that generates smells. Hotel reserves the right to end your Event immediately if you do not comply with Hotel’s request to reduce or eliminate any such disturbance, you will remain responsible for payment o f all charges related to your Event and no refunds will be issued by Hotel. Should you require any rigging services for this Event, all such services must be arranged through the in -house audio-visual provider or the Hotel and you will be responsible for all costs associated therewith.

10. FIRE SAFETY: For the safety of persons and property, no fireworks vehicle displays, fog machines, fueled cooking demonstrations, lasers or incendiary devices may be used indoors at the Hotel.

11. AUXILIARY AIDS: The Hotel represents that it contains accessibility features for individuals with disabilities and, where needed, the Hotel will provide equivalent facilitation, auxiliary aids and services, and reasonable modifications to policies and procedures to ensu re tha t our guests have equivalent access to the Hotel’s goods, services, and accommodations. You agree that one week in advance of your Event, you will furnish to us a list of any auxiliary aids needed by your attendees in meeting or function space. Except as required by applicable laws, you agree that you will be responsible for the procurement and payment of all charges for any and all auxiliary aids. We will, upon your request, furnish you with the names of businesses you can contact to obtain these aids. You also agree to be responsible for compliance with the Americans with Disabilities Act in the set up and conduct of meetings for your Event.
491

12. DELIVERIES: Arrangements for delivery of packages should be made through your designated Event Manager. Re ceiving, handling and shipping charges may apply. No COD packages will be accepted. The Hotel policies on safe package handling are based on advi ce from the United States Postal Service (USPS) and the federal Centers for Disease Control and Prevention (CDC).

13. PROMOTIONAL CONSIDERATIONS: We have the right to review and approve any advertisements or promotional materials in connection with your Event that specifically reference the name of the Hotel or any name or logo owned by a subsidiary of Hilton Wo rldwide, Inc., including, but not limited to: Hilton, Hilton Hotels & Resorts, Hilton Grand Vacations, Home2 Suites by Hilton, Hampton Inn, Hampton Inn & Suite s, Doubletree, Conrad, Homewood Suites by Hilton, Embassy Suites Hotels, Waldorf~Astoria and Wald orf~Astoria Collection. You agree that we may share your meeting and meeting planner information with our third party providers who offer support services to groups holding events at our Hotel, including audio/visual services, decorators, florists, and others.

14. COMPLIANCE WITH LAWS: Group represents warrants and agrees that Group is currently, and at the time of the Event that is the subject of this Agreement will be, in compliance with all provisions of the Patriot Act and regulations or requests of the U.S. Departme nt of Homeland Security and the Office of Foreign Assets Control in the U.S. Department of the Treasury. Hotel may cancel this Agreement without any liability if in the Hotel’s sole, reasonable determination, Hotel believes that it is necessary to do so in order to compl y with its obligations under such applicable laws, rules or regulations.

15. DISPUTE RESOLUTION: The parties agree that, subject to the exclusion of intellectual property matters as set forth below, any dispute in any way arising out of or relating to this Agreement will be resolved by arbitration using one arbitrator before JAMS or American Arbitration Association in Sacramento, California, or the closest available location; provided, however, a dispute relating to patents, trademarks, trade dress, copyrights, trade secrets, and/or infringement of intellectual property rights shall not be subject to this provision. The parties further agree that in any arbitration proceeding they may conduct reasonable discovery pursuant to the arbitration rules, that the law of California will be the governing law, and any arbitration award will be enforceable in state or federal court.

16. DISPUTES INVOLVING CREDIT CARD PAYMENTS: As a condition of Hotel agreeing to accept your credit card as an approved form of payment for all master account charges, you specifically agree to waive any rights you may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under your credit card issuer’s procedures for resolving such disputes) to receive a temporary credit from your credit card issuer for disputed charges arising from your credit card transactions with Hotel (commonly referred to as a “chargeback”). You agree that any disputes that you may raise with respect to any m aster account charges must be addressed directly between you and us and to work in good faith to resolve any such disputed invoices in a timely manner. Any dispute that cannot be timely resolved to the mutual satisfaction of the parties shall be resolved in accordance with the dispute resolution provisions as contained in this Agreement.

17. COLLECTION/ATTORNEY'S FEES: The parties agree that in the event that any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its attorney's fees and costs, plus pre and post judgment interest. If we retain the services of a collection agency or attorney to assist in the collection of any amounts d ue to us under this Agreement, you will pay all expenses incurred by us in such collection efforts.

18. INDEMNIFICATION: To the fullest extent permitted by law, you agree to protect, indemnify, defend and hold harmless the Hotel, Hilton Worldwide Inc. and the Hotel’s Owner, and their respective owners, managers, partners, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the “Hotel Indemnified Parties”), from and against any and all claims, losses or damages to persons or proper ty, governmental charges or fines, penalties, and costs (including reasonable attorney’s fees) (collectively, “Claim(s)”), in any way arising out of or r elating to the Event that is the subject of this Agreement, and regardless of negligence, including, but not limited to, Claims arising out of the negligence, gross negligence or intentional misconduct of Group’s employees, agents, contractors, and attendees; provided, however, that nothing in this indemnification shall require you to indemnify the Hotel I ndemnified Parties for that portion of any Claim arising out of the sole negligence, gross negligence or intentional miscondu ct of the Hotel Indemnified Parties.

19. INSURANCE: You agree to maintain insurance reasonably commensurate with all activities arising from or connected to your Event, including, but not limited to, Commercial General Liability insurance with limits not less than Two Million US dollars ($2,000,000 US) per occurrence covering property damage, products-completed operations, and liabil ity assumed under an insured contract, including the tort liability of another assumed in a business contract. You agree to add Hotel Indemnified Parties as additional insureds under all applicable policies for your Event, and your insurance will apply as primary to any insurance maintained by the Hotel Indemnified Parties. You agree not to endorse or change your insurance to ma ke it excess over other available insurance. Neither your failure to provide, nor our failure to obtain, proof of compliance shall act as a waiver of any of term in this Agreement.

20. SEVERABILITY: Any provision in this Agreement that is held to be illegal or unenforceable in any jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidat ing the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. Our failure to enforce any term or condition of this Agreement does not waive our right to enforce that or any other term or condition at any time.

21. IMPOSSIBILITY: If unanticipated events beyond the reasonable control of the parties (including, but not limited to: acts of God; declared war in the United States; government regulations in effect 60 days or less before the Event dates that would prevent the Event from taking place as contracted; terrorist attacks in the city in which Hotel is located; or curtailment of transportation either in the city in which Hotel is located or in the countries/states of origin of the attendees that prevents at least 40% of the attendees from arriving for the first peak night of the Event) any of which make it illegal or impossible to perform under this Agreement, the affected party may terminate this Agreement, without liability, upon providing written notice to the other party.

If the Event is terminated due to a valid Impossibility/force majeure occurrence, then Group agrees to negotiate promptly and in good faith with the Hotel in an effort to rebook the cancelled Event, based on space and rate availability at the Hotel, over mutually acceptable dates. If the parties agree on rebook dates, then Hotel will retain the advance deposits paid under the cancelled Event and apply the deposits toward the Master Account of the rebooked event.

Advance deposits applied to a rebooked event may not be applied to cancellation or performance damages for the rebooked event and any unused credit will be retained by Hotel. If the parties cannot agree on mutually acceptable rebook dates, then Hotel agrees to refund all prepaid advance deposits, less all documented expenses incurred by Hotel in preparation for the cancelled Event (i.e., food and beverage products purchased for the Event that cannot be used in other outlets at the Hotel, labor costs incurred by Hotel if staff schedules were posted and the Event is cancelled, etc.).

22. OPTION DATES: These arrangements are being held on a first option basis until 6/30/2023 (the “Option Period”). However, should other business opportunities arise such that we are in a position to confirm immediately, you will be advised and given 24 Hours or until the end of your Option Period (whichever is shorter) to confirm this Agreement on a definite basis by returning a signed copy of this Agreement to us, or to enable alternate dates to be researched and offered for your use. Please note that it is your responsibility to notify us if you need to request an extension of your Option Period.

If we do not receive a signed copy of this Agreement by 6/30/2023, we may, at our sole option and with no notice required, release this first option, or may continue to hold the arrangements.

23. SUCCESSORS AND ASSIGNS: The commitments made by Group will be binding on its successors and assigns. In the event that Group assigns, sells, conveys, pledges or otherwise disposes of all or substantially all of its assets (collectively referred to as "assignment"), by operation of law or otherwise, this agreement and the obligations herein must also be assigned to and assumed by the successor organization, s ubject to approval by 492

Hotel. In the event such an assignment is contemplated, Group agrees to notify Hotel at least thirty days in advance of the planned close of the assignment transaction of the entities involved. Hotel will thereafter have 20 days in which to notify Group if assignment is approved. Group may not otherwise assign this Agreement or any rights hereunder. Group & Hotel are the only parties to this Agreement. There are no third party beneficiaries.

24. AMENDMENTS/CHANGES: If this Agreement is returned signed but with changes, it shall not constitute a n acceptance, but rather a counteroffer by you that may be accepted or rejected by the Hotel in our sole discretion. This Agreement will become a binding commitment upon signature by both you and us (even if signed after the Option Period). Any amendments or changes to the arrangements described in this Agreement must be made in writing, signed by both you and us; provided, however, that this Agreement includes all signed or unsigned Event Orders (and the terms and conditions contained therein and attached thereto) issued by us for this and related events and that your final guarantee of attendance may be made by phone. This Agreement, including all exhibits attached hereto (if any), upon signature by both parties below, constitutes the entire understanding between the parties and may not be amended or changed unless done so in writing and signed by Hotel and Group. For purposes of this Agreement and any amendment or modification thereto, or for any other notice or communication between the parties, signatures sent or received by facsimile transmission will be considered as enforceable and valid as an original signature by the party signing. The effective date of communications between the par ties will be determined as follows:
(a) Communications sent via U.S. Mail or private mail delivery service (i.e. Fed Ex) will be effective as of the date sent; (b) Communications sent via facsimile will be considered effective as of the date and time on the facsimile confirmation sheet retained by the sender.

For the avoidance of doubt, emails, including emails that bear an electronic “signature block” identifying the sender, do not constitute signed writings for purposes of this Agreement, except for DocuSign and SERTIFI.

25. NO-SHOWS, CANCELLATION & EARLY DEPARTURE FEES: Any individual cancellations made within 48 hours of scheduled check- in will be billed for one night’s suite and tax. Any no-shows will be billed for one night’s suite and tax. Guests departing early will be charged a $50 early departure fee. Guests wishing to avoid an early check-out fee should advise the hotel at or before check-in of any change in planned length of stay. It is the responsibility of the group to inform all attendees of our individual cancellation, no-show, and early departure policy. This individual cancellation policy does not waive or alter the group cancellation policy paragraph or performance clauses within this contract. Embassy Suites will deduct any collected cancellation, no-show and early departure fees from the amount the group may owe as performance damages.

26. PARKING: Valet parking is available at the hotel (based on availability) for all hotel and event guests. Valet parking fees are as follows: $11.00 for the first hour and $8.00 per hour after that up to a maximum of $35.00 per day. Overnight guest rate is $35.00. Hourly rates will apply for guests Valet parked for 4 hours or less.

Self –Parking is located in the city garage adjacent to the hotel.

27. No helium balloons are allowed on property.

The undersigned expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the party for which they sign.

ACCEPTED AND AGREED TO:

GROUP: Richmond Police Department

By: Assistant Chief Timothy Simmons

HOTEL: Sacramento Hotel Partners, LLC
d/b/a Embassy Suites by Hilton Sacramento Riverfront Promenade

By: Embassy Suites Management LLC, Managing Agent

Signature:

Print Name: Timothy Simmons

Dated:

Signature:

Sales Manager

Print Name: Clark Sikora ______

Dated:

HOTEL: Sacramento Hotel Partners, LLC
d/b/a Embassy Suites by Hilton Sacramento Riverfront Promenade

Signature:

Director of Sales & Marketing

Print Name: Barbara A. Stannius

Dated:

493
1 From: Hernandez, Heidi@POST <[email protected]> Sent: Friday, June 2, 2023 12:06 PM
To: Bisa French <[email protected]>
Cc: Timothy Simmons <[email protected]>
Subject: Team Building Workshop ‐ Richmond PD
This email originated from outside of the City's email system. Do not open links or attachments from untrusted sources.

Hello Chief French,
Thank you for your interest in the Team Building Workshop program. I am pleased to inform you that your request for a Team Building Workshop (TBW) for the management team of your department has been approved.

The conditions of this approval are as follows:
 The workshop must be conducted prior to June 30, 2024. 494
2  POST and the agency are co-clients of the presenter.  The presenter fee will be paid directly to the presenter by POST.  Reimbursement (minimum of 5, maximum of 19) will be approved through the (eTRR) process, which includes travel (mileage), lodging (hotel) and per diem (meals).

Please note, lodging is reimbursed by the county where the workshop is held. You can see the current reimbursement rates here.
 Any TRR’s submitted outside the eTRR system will not be accepted.  POST-certified TBW presenters may not contract with TBW client agencies for private consulting services for a six-month period following a TBW presentation.  TBW participants will not receive any Continuing Professional Training (CPT) credit for attendance.
 Please contact the TBW presenter of your choice to make arrangements for your workshop. Profiles and contact information of all POST-certified presenters can be located on the POST Team Building Workshop web page.
 Action plans are still required at the conclusion of your workshop. Action Plans should be submitted to POST within 30 days of the workshop. The POST Action Plan form can be located on the POST Team Building Workshop web site. I recommend you use the POST Action Plan form.

Helpful tips:

Participating agencies will be reimbursed for costs related to employee participation, including:
 hotel costs (rates based on county where workshop is held)  employee meals:
o Breakfast up to $7.00
o Lunch up to $11.00
o Dinner up to $23.00
o incidentals (per diem - up to $5.00), and
 travel (mileage - 100 miles each way, 200 miles total per every 4 attendees).

If you have any questions or need additional information, please do not hesitate to contact me.

Heidi
Heidi Hernandez
Associate Governmental Program Analyst | Management Counseling and Projects Bureau (916) 227‐4261 | desk
CA Commission on Peace Officer Standards and Training (POST) 860 Stillwater Road, Suite 100, West Sacramento, CA 95605 495
3 Connect with POST

CONFIDENTIAL NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).  Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws, including the Electronic Communication Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

496
POST TBW Cost Comparison ‐ not including parking or taxes Embassy Suites
Per night Guest  Count Conference  Rooms Food  (requParking (offered) Total Sunday Monday Tuesday Monday Tuesday Wednesday Sunday Monday Tuesday 224 19 19 41 800 1700 1700 0 0 0
4256 4256 9184 0000 21,896.00$
Citizen Hotel
Per night Guest  Count Conference  Rooms Food  (requParking Total Sunday Monday Tuesday Monday Tuesday Wednesday Sunday Monday Tuesday 209 19 19 41 1000 1000 1000 0 0 0
3971 3971 8569 2900 0 0 0 22,411.00 $
Hyatt Centric
Per night Guest  Count Conference  Rooms Food  (requParking Total Sunday Monday Tuesday Monday Tuesday Wednesday Sunday Monday Tuesday 209 19 19 41 500 500 500 0 0 0
4161 4161 8979 5000 0 0 0 23,801.00 $
497