Richmond City Council
July 11, 2023

8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

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

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

Business Licenses
The successful Contractor and all subcontractors used in the work will be required to hold or obtain a City of Richmond business license for which the fee will not be waived.

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

2.65), which are incorporated into the Contract Documents by this reference.

Sanctuary City Contracting Ordinance (SCCO)
The Richmond Sanctuary City Contracting Ordinance No. 12-18 (Attachment C) prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).

Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment D)
Limited Liability Company Disclosure Statement (LLCS)
Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited 1083

Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

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

Withdrawal of Proposals
A respondent may withdraw their proposal before the expiration of the time for submission of proposals by delivering to the Finance Department a written request for withdrawal signed by, or on behalf of, the respondent.

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

Exhibits
A. RCFY Funding and Overall Program Goals
Attachments
A. Standard Contract/Standard Services Agreement
B. Insurance Requirements
C. Sanctuary City Contracting Ordinance No. 12-18
D. Sanctuary City Compliance Statement
E. Limited Liability Company Disclosure Resolution No. 86-21 F. Limited Liability Company Disclosure Statement
1084
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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1150
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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1185
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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1186
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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1187
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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1188
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1189
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1190
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1191
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1192
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1193
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1194
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
1195
City of Richmond
Request for Proposal For the Evaluation of the Richmond Fund for Children and Youth, bidding on 03/17/2023 12:00 PM (PDT)

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PlanetBids, Inc.
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Attachment 4 - Scoring Matrix
RFP Evaluators
RFP Proposal Scores
EvalCorp WestEd
Rater 1 83 86
Rater 2 80 90
Rater 3 84 76
Total (out of 100) 247 252
Avg (out of 100) 82.33 84.00
Interview Forced Ranking
Interview 1 Interveiw 2
Rater 4 EvalCorp WestEd Rank 1
EvalCorp Rank 2
Rater 5 EvalCorp WestEd Rank 1
EvalCorp Rank 2
Rater 6 EvalCorp WestEd Rank 1
EvalCorp Rank 2
Rater 7 EvalCorp WestEd Rank 1
EvalCorp Rank 2
RFP Scoring and Interview Combined
1st Ranking WestEd
2nd Ranking EvalCorp
ATTACHMENT 4 - SCORING MATRIX 1197
1198
1199
1200
1201
1202
1203
1204
1205
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July 11, 2023
Library and Community Services
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager – Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment and Training Division
Fred Lucero, Program Manager, RichmondBUILD
Subject: Resolution to Accept and Appropriate $729,000 in Grant Funds Awarded by the Construction Trades Workforce
Initiative for Fiscal Year 2023-2024
FINANCIAL IMPACT: Acceptance of the grant funds into the CTWI Resilience Workforce Fund will increase the revenue budget for the Employment & Training Division by $729,000. Any
expenditure of the $729,000 grant funds will similarly
come from the CTWI Resilience Workforce Fund. There
is no net change to the budget.

PREVIOUS COUNCIL
ACTION:

February 7, 2023

STATEMENT OF THE
ISSUE:

The Employment and Training Division seeks to amend
its Fiscal Year 2023-2024 budget to add $729,000 in
additional grant funding from the Construction Trades
Workforce Initiative which was awarded after the
adoption of the City of Richmond’s fiscal year 2023-24
annual budget.

AGENDA
REPORT
1234

July 11, 2023
RECOMMENDED ACTION: ADOPT a resolution to ACCEPT and APPROPRIATE $729,000 in grant funds awarded by the Construction
Trades Workforce Initiative to the Employment & Training Division into the City of Richmond’s Fiscal Year 2023-
2024 budget, for a grant period from May 1, 2023 to
March 31, 2026 – Community Services Department,
Employment and Training Division (Tamara Walker 510-
307-8006/Fred Lucero 510-621-1562).

DISCUSSION:

In May of 2023, the Employment and Training Division of the Community Services Department was awarded additional grant funds in the amount of $729,000 from the Construction Trades Workforce Initiative (CTWI). The $729,000 grant-funded project is focused on strengthening the regional workforce pipeline, increasing demand for new apprentices, calibrating labor supply with demand, providing increased supportive services, and improving Multi-Craft Core Curriculum (MC3) construction training programs to increase participation of underrepresented and disadvantaged populations in family-sustaining careers in the high road union construction industry. The grant was awarded to provide opportunities for the unemployed City of Richmond residents through certification classes at RichmondBUILD.

The certification classes administered through RichmondBUILD will include Multi-Craft Core Curriculum, MC3 construction curriculum, OSHA 10, Confined Spaces, and First Aide/CPR. Key partners in this grant program include Universal Safety & CPR, and Richmond WORKS. The grant project primarily involves training the re-entry population, women in nontraditional roles, at-risk youth, and community members who lost their jobs through no fault of their own or who may be seeking a career change. The training prioritizes and promotes the placement of trainees in union construction apprenticeship programs. It will include safety components on all aspects of the job, including tool use, OSHA 10, hazard recognition, fall protection, and personal protective equipment.

Training will also encompass basic workplace skills, physical fitness, math skills, green construction, and labor history.

This grant was awarded after the City adopted the fiscal year 2023-24 budget.

Therefore, a resolution amending the budget is necessary for Employment and Training to be able to accept and appropriate these funds. The grant award period is from May 1, 2023 to March 31, 2026.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution to Amend Employment & Training Budget, Fiscal Year 2023-2024
Attachment 2 – Notice of Grant Award, Construction Trades Workforce Initiative, CTWI.
1235
RESOLUTION NO. ________

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

ACCEPT A NEW FEDERAL GRANT AWARD FROM THE ENVIRONMENTAL

PROTECTION AGENCY AND TO ADJUST APPROPRIATIONS EXPENDITURES IN THE FISCAL YEAR 2023-2024 EMPLOYMENT AND TRAINING DEPARTMENT BUDGET.

WHEREAS, subsequent to the adoption of the City of Richmond fiscal year 2023-2024 operating budget, the Employment and Training Department was awarded $729,000 from the Construction Trades Workforce Initiative, CTWI, and
WHEREAS, the additional funding of $729,000 will be used to provide Richmond residents who are participating in the RichmondBUILD Academy program with occupational skills training and pre-apprenticeship construction skills training, and WHEREAS, this new grant will significantly expand access to training and job placement opportunities for Richmond residents.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the fiscal year 2023-2024 Employment and Training budget is adjusted to add $729,000 to revenue and to add $729,000 to expenditures.
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
1236
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
1237
June 6, 2023
City of Richmond
440 Civic Center Plaza
Richmond, CA 94804
Dear RichmondBUILD,
Congratulations! Construction Trades Workforce Initiative (CTWI) has awarded RichmondBUILD’s application for the HRCC: Resilient Workforce Fund program in the amount of $729,000. The grant start date is May 1, 2023, or upon final approval through March 31, 2026. To authorize funding and begin your project, you must first enter into a grant agreement with CTWI. CTWI staff will reach out directly to the point of contact listed on your application to initiate the contract in the coming weeks. In order to set up your grant and get access to funding as quickly as possible, please respond to all emails and return the required documentation promptly.

CTWI will be reaching out within the upcoming weeks to provide information on grant implementation, including onboarding and training save-the-dates.

If you have any questions, please contact Beli Acharya at [email protected].

Again, congratulations on your award!
Sincerely
Beli Acharya
Executive Director
7750 Pardee Lane, Suite 100, Oakland, CA 94621 - Phone: (646)338-7367 - www.ctwi-btca.org 1238
Library and Community Services
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager
Daniel Chavarria, Director of Public Works
Patrick Seals, Project Manager I
Josef Munoz, CIP Manager
Subject: Reappropriate allocated ARPA Funding to complete the Booker T. Anderson Community Center heating,
ventilation, and air conditioning (HVAC) rebuild
FINANCIAL IMPACT: The $500,000 funding allocation necessary to support the HVAC rebuild is currently available in the FY 2023-24
ARPA budget (AR234). There is no impact to the General
Fund.

PREVIOUS COUNCIL
ACTION:

June 20, 2023

STATEMENT OF THE
ISSUE:

There exists a gap in the funding available to complete the Booker T. Anderson Community Center (BTA CC)
HVAC renovation and rebuild. Currently, there is
$500,000 allocated in ARPA funding that is assigned to
the Richmond Museum HVAC project. However, the work
at the Richmond Museum has not begun and there is a
current need for funding to complete the BTA CC HVAC
project.

RECOMMENDED ACTION: APPROVE the reappropriation of $500,000 in allocated American Rescue Plan Act funding to close the funding
gap to complete the Booker T. Anderson Community
Center heating, ventilation, and air conditioning (HVAC) renovation project – Community Services Department
and Public Works Department (LaShonda White 510-
620-6828/Daniel Chavarria 510-620-6639).

AGENDA
REPORT
1239
DISCUSSION:

Background
As part of the Fiscal Year 2021-22 budget process, the City Council approved $2 million in American Rescue Plan Act (ARPA) funds to support heating, ventilation, and air conditioning (HVAC) work at the Main Library, Nevin Community Center, Recreation Complex, and the Richmond Museum (Figure 1). The ARPA funds for the Main Library project are obligated to the renovation project, and the HVAC design work at the Nevin Community Center and Recreation Complex has already commenced. The HVAC improvement work on the Richmond Museum has not begun. Therefore, City staff is recommending reappropriating the $500,000 allocated for the Richmond Museum HVAC project to support the HVAC project at the Booker T. Anderson Community Center (BTA CC), as there is a current gap in the funding to complete the renovation and rebuild project.

Figure 1: ARPA Budget Allocation
The BTA CC was built in 1971-1972 in Booker T. Anderson Park (also known as Eastshore Park) at 960 South 47th Street in Richmond. Only minimal interior finish modifications, structure repairs, and equipment replacement have occurred since the community center's initial construction. There have been no substantial alterations or additions to the structure, including the HVAC system.

The community center was severely damaged by a fire in November 2020.

Approximately 3,800 square feet of the structure were damaged by fire, water, and smoke, necessitating temporary shoring of structural components and removal of all interior building finishes. An additional 2,200 square feet of smoke damage necessitated the removal of most internal building finishes including a portion of the HVAC system and duct work.
1240
The HVAC system, which was damaged by the fire, is being rebuilt. The eastern wing of the building was not affected by the fire, but the HVAC system has reached the end of its useful life and is not fully operational. The present system will be integrated with the new HVAC system. Additional funding is required to replace the east mechanical system, which includes but is not limited to, demo of old units, installation of new mechanical equipment and duct work, and rigging.

Although there is a current $500,000 ARPA allocation approved for the Richmond Museum HVAC improvements, it is strongly recommended that those funds be used instead to support closing the gap to complete the BTA CC renovation. This funding will allow for quicker re-opening and renewal of service offerings at the center and for the community.
1241

July 11, 2023
Library and Community Services
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Interim Library and Community
Services Director
Denée Evans, Transportation Services Project Manager
Subject: Contract with CivicWell to Provide Two Transportation Sustainability Specialists
FINANCIAL IMPACT: The contract amount of $62,000 for the two positions is included in the approved fiscal year (FY) 2023-24
Transportation ECIA budget account (11785051-400201-
2A109).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City staff is seeking City Council approval to enter a
contract with CivicWell to hire two (2) specialists to
provide support for the transportation division’s evolving demands for service and efforts to increase community
awareness and utilization of the various city Micromobility programs.

RECOMMENDED ACTION: APPROVE a service agreement with CivicWell to provide two Transportation Sustainability Specialists, for an
amount not to exceed $62,000, for the term of September 12, 2023, to December 31, 2024 – Community Services
Department (LaShonda White 510-620-6828/ Denée
Evans 510-621-1718).

AGENDA
REPORT
1242

July 11, 2023
DISCUSSION:

The City is seeking professional services to assist the minimally staffed Transportation Division with conducting assessments, implementing planning or action projects, and engaging volunteers. They will also provide community education, outreach, and marketing of the various Micromobility programs (R-Transit, Richmond Moves Shuttle service, City Car Share, and City eBike Share) to increase the ease and use of local clientele. CivicWell administers the CivicSpark program as a part of the federal AmeriCorps program. The CivicSpark Program provides capacity building services to local organizations through project implementation activities performed by the CivicWell team, CivicWell staff and CivicSpark Fellows.

The Evolving Role of Transportation
The U.S. Environmental Protection Agency (EPA) reports that transportation is the largest contributor of U.S. greenhouse gas emissions (GHG) and accounts for approximately 30 percent of total U.S. GHGs, making it the largest contributor. The role of Transportation within local government has vastly shifted from being a small portion of the overarching goals of public works to incorporating principles such as Mobility as a Service (MaaS), with a strong focus on implementing programs that encourage ridesharing to decrease single occupancy vehicle miles traveled, and managing programs that encourage the transition to transportation electrification.

Mobility as a Service (MaaS) is a type of service that, through a joint digital channel, enables users to plan, book, and pay for multiple types of mobility services. The concept describes a shift away from personally owned modes of transportation and towards mobility provided as a service. This is enabled by combining transportation services from public and private transportation providers through a unified gateway that creates and manages the trip, which users can pay for with a single account. The key concept behind MaaS is to offer travelers mobility solutions based on their travel needs.

Transportation Staff Capacity
Richmond Transportation does not currently have the staff or capacity to address the project goals that will be discussed in this report. By engaging Civic Spark Fellows that have expressed an interest in transportation electrification and/or clean mobility programs, we can help the City improve its promotion of existing mobility and electrification programs and thereby increase the use and access to those programs and services.

To-date, one Project Manager has been responsible for developing and managing the sustainable Micromobility programs and transportation infrastructure electrification that exist today. The programs include, electric bike share, electric car share, the popular Richmond Moves electric on demand shuttle service, and the numerous publiclyaccessible electric vehicle charging stations located throughout the City. The Project Manager has been solely responsible for all community outreach, and marketing while 1243

July 11, 2023
applying for and administering grant funds and the contract administration that has resulted in the development and financial sustainability of the programs.

The Richmond Transportation Division has received recognition for its efforts in transportation electrification. It has recently been awarded several grants for city-wide expansion for all the electric Micromobility programs and services that it manages. As such, additional staff are required to properly steward this increased demand for services.

Adding two Civic Spark Fellows will provide the staff support to manage and market the various city multimodal, environmentally friendly, and local travel programs. Fellows will have an opportunity to assist with the development and adoption of a city electrification plan, to learn firsthand about transportation demand management, to engage with the public to provide program outreach and education, to encourage electric vehicle ownership, and to highlight the benefits of rideshare. All of which will ultimately help the City of Richmond’s contribution to reaching California’s mandated zero emission goals.

City staff is requesting City Council approval to enter into a service agreement with Civic Spark to provide two Transportation Sustainability Specialists for an amount not to exceed $62,000 for the term of September 12, 2023, to December 31, 2024. An additional fee of $500 to establish a new CivicWell membership is not required as the City has a previously established membership.

DOCUMENTS ATTACHED:

Attachment 1 – FY 2023-24 CivicSpark Service Agreement with Richmond Transportation
Attachment 2 – Insurance Provisions_Type 2
1244
{00022649.1} Page 1 of 15

AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
THIS AGREEMENT (“Agreement”) is made and entered into as of July (“Effective Date”) by and between City of Richmond, (“Partner”) and CivicWell (formerly, Local Government Commission), a California nonprofit public benefit corporation.

RECITALS
A. CivicWell administers the CivicSpark program as part of the federal AmeriCorps program. The CivicSpark Program provides capacity building services to local organizations through project implementation activities performed by CivicWell teams, CivicWell staff and CivicSpark Fellows (“Fellows”). Fellows can only work on contracted and allowable service activities. CivicSpark will provide this service to the Partner by conducting assessments, implementing planning or action projects, engaging volunteers, and transferring knowledge to Partner’s staff.

B. Partner desires to engage CivicWell to provide certain services through the CivicSpark program.

CivicWell desires to provide those services and to be compensated accordingly.

C. Partner and CivicWell enter into this Agreement in order to memorialize the terms concerning CivicWell's performance of the services and Partner's obligations with respect thereto.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual agreements set forth herein, Partner and CivicWell hereby covenant and agree as follows:

AGREEMENT

1. CivicWell’s Scope of Services. During the term of this Agreement, CivicWell agrees to perform the services described in Exhibit B - Scope of Services, (“Services”) attached hereto and incorporated herein. The project for which the services are provided must align with the performance measures and may not involve any of the prohibited activities set forth in Exhibit A – Contracted Performance Measures and Prohibited Activities attached hereto and incorporated herein.

2. Partner’s Responsibilities. During the term of this Agreement, Partner agrees to perform the responsibilities and roles as described in Exhibit C – Partner Responsibilities, attached hereto and incorporated herein, as such responsibilities and roles relate to Partner’s participation in the CivicSpark program.

3. Compensation.

For the Services provided by CivicWell under this Agreement, Partner shall pay CivicWell the compensation set forth in Exhibit D - Compensation, attached hereto and incorporated herein.

4. Term. The term of this Agreement shall commence and CivicWell's duties and responsibilities under this Agreement shall begin as of the date first written above and shall continue, as agreed to in the timeline defined in Exhibit E (“Term”). This Agreement is subject to earlier termination as provided herein, until the services are complete and all compensation and reimbursable expenses are paid to CivicWell.

5. Termination. This Agreement may be terminated prior to the end of the Term upon the bankruptcy or 1245
{00022649.1} Page 2 of 15
insolvency of either party or upon 30 days’ written notice by the terminating party to the non-terminating party.

If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the nonbreaching party may terminate the Agreement by giving written notice to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days after mailing of notice, whichever occurs first. For purposes of this provision, material breach of this Agreement includes, but is not limited to, the following: (a) Partner’s failure to pay CivicWell any compensation due within 30 days after written demand for payment; (b) CivicWell’s failure to perform the Services as provided in this Agreement; (c) Partner offering employment to the Fellow that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year-end date as described in Exhibit C(1)(j); or (d) either party’s material breach of any representation or agreement contained in this Agreement.

6. Excuse of Performance. CivicWell's obligation to perform the services specified in this Agreement shall be excused if the performance is prevented or substantially delayed due to circumstances not caused, in whole or in part, by CivicWell, including any such circumstances caused by Partner.

7. Independent Contractor. It is the express intention of the parties that CivicWell is an independent contractor and not an employee, agent, joint venturer, or partner of Partner. Nothing in this Agreement shall be interpreted or construed as creating or establishing a relationship of employer and employee between Partner and CivicWell or any employee or agent of CivicWell. Both parties acknowledge that CivicWell may retain the services of others to assist it but that such persons as CivicWell’s employees are not Partner employees for any purpose. CivicWell further agrees that it shall be exclusively responsible for payment of compensation and benefits to any employee it retains and shall be liable for all taxes required to be reported and remitted to appropriate tax authorities.

8. Insurance. CivicWell agrees to maintain insurance in accordance with the requirements set forth in Exhibit F, attached hereto. CivicWell shall provide a certificate of said insurance and an additional insured endorsement to Partner upon execution of this Agreement.

9. Indemnification. To the extent limited by applicable law, each party to this Agreement (“Indemnitor”) shall defend, indemnify, defend and hold harmless the other party (“Indemnitee”) and its directors, officers, agents, contractors, volunteers, and employees, from and against any and all liabilities and claims, including attorney’s fees and other legal expenses. arising directly or indirectly from any act or failure by the Indemnitor of or in any way related to the Indemnitor’s performance of this Agreement or representations made in this Agreement. The Indemnitor is not responsible for the acts or omissions of the Indemnitee and nothing herein shall be construed to require the Indemnitor to indemnify the Indemnitee for the acts or omissions of the Indemnitee. This provision shall survive the termination of this Agreement.

10. Ownership of Documents. Ownership of any designs, plans, maps, reports, specifications, drawings, and other information or items produced by CivicWell while performing Services under this Agreement will be assigned to and owned jointly by CivicWell and Partner. The original of all reports, memoranda, studies, plans, specifications, drawings, materials, exhibits, maps or other similar or related documents prepared by CivicWell in the performance of the Services for Partner shall be the joint property of CivicWell and Partner.

11. Notices. All notices or other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given when delivered if personally delivered, or three (3) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, and shall be addressed as follows:

To Partner: City of Richmond
Transportation Department – Denée Evans
440 Civic Center Plaza
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{00022649.1} Page 3 of 15
Richmond, CA 94804
(510) 621-1718
[email protected]
To CivicWell: Lare Bloodworth
CivicWell
PO Box 188800
Sacramento, CA 95818
916-448-1198 x302
916-448-8246 fax
[email protected]
Either party may change its address by giving written notice thereof to the other party.

12. Attorneys' Fees. The party prevailing in any action at law or in equity necessary to enforce or interpret the terms of this Agreement shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled.

13. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any suit, action or legal proceeding arising out of this Agreement shall be submitted to a state or federal court sitting in Contra Costa County, California, which will have exclusive jurisdiction and venue over the dispute and to which jurisdiction the parties irrevocably submit.

14. Entire Agreement; Amendments. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. In particular, neither party may vary the scope of services described in Exhibit B – Scope of Services or responsibilities in Exhibit C – Partner Responsibilities except as expressly agreed to in writing by the other party. The budgets for direct labor and expenses are based on the Services described in Exhibit B – Scope of Services and any modification may affect direct labor costs and project expenses and must be approved in writing by Partner

15. Headings. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement.

16. Severability. If, for any reason, any provision or partial provision of this Agreement is held invalid, such invalidity shall not affect the remainder of such provision or any other provision of this Agreement not so held invalid, and each other provision, or portion thereof, shall, to the full extent consistent with law, continue in full force and effect.

17. Waiver. The waiver of any breach of any provision hereunder by any party hereto shall not be deemed to be a waiver of any preceding or subsequent breach hereunder.

18. Warranty of Authority. Each of the undersigned hereby warrants that he/she has authority on behalf of his or her principal to execute this Agreement and to bind such principal to the terms hereof.

19. Counterparts. This Agreement may be executed by electronic or hard-copy signature and in counterparts, each of which shall be deemed to be one and the same instrument. The exchange of executed copies of this 1247
{00022649.1} Page 4 of 15
Agreement by facsimile, email or other electronic transmission will constitute effective execution and delivery of this Agreement for all purposes. Signatures of the parties transmitted by such methods will be treated in all respects as having the same effect as an original signature.

Dated as of the Effective Date set forth above.

PARTNER:

City of Richmond
By
Eduardo Martinez, Mayor
CIVICWELL:

CIVICWELL, a California nonprofit public benefit corporation By
Lare Bloodworth, Chief Financial Officer
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{00022649.1} Page 5 of 15
Exhibit A
Contracted Performance Measures and Policies
CivicWell has contracted with AmeriCorps to implement CivicSpark as an AmeriCorps program. Fellows can only work on service outlined in performance measures approved by AmeriCorps and must abide by Federal guidelines for AmeriCorps program implementation. Performance measures define how CivicSpark will provide service to Partner by: conducting assessments; implementing planning, research or implementation projects; engaging volunteers; and transferring knowledge to Partner staff. The project scope in Exhibit B must align with the measures below:
1) Capacity Building for Local Public Organizations – Fellows’ direct service hours should be spent building capacity for local service recipients to address their relative needs with regard to specific issues (e.g., climate, water, housing etc.). Fellows will address these needs by assisting one or more local service recipients to develop or implement projects that they would otherwise not be able to complete. Capacity building will be delivered in 3 stages, including: (1) gap assessments; (2) research, planning, and implementation service projects; and (3) transition of knowledge. 2) Volunteer Engagement – All Fellows should have the opportunity to build further capacity by engaging, recruiting, and supporting volunteers. Volunteers may be engaged as either one-time volunteers (e.g., – volunteers to assist for a specific event such as Earth Day or service activities) or as on-going volunteers such as interns).
3) Training and Professional Development for Fellows – Fellows can spend up to 20% of their service year (340 of their 1700 total hours) on training. Training includes the one-week orientation at the start of the service year, mid-year gathering, continued monthly trainings, and professional development and networking opportunities. Training hours ensure that Fellows have the training and tools they need to succeed in their service work and to grow as professionals.

The majority of the work provided by CivicSpark to Partner via direct service only involves the first measure (Capacity Building). The second and third measures are predominantly met through training, service and professional development activities provided to the Fellows by CivicWell. Some activities that occur while working with local government beneficiaries or other project partners may be considered training and professional development, such as networking events and trainings conducted by or attended in partnership with Partner.

Prohibited Activities: Federal guidelines further restrict certain activities, which cannot be engaged in by CivicSpark Fellows or Supervisors while charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the CivicSpark program or AmeriCorps, this includes direct fundraising or grant writing which are not allowable activities in CivicSpark. In addition to only working on contracted performance measure service activities, the following activities are prohibited (see 45 CFR § 2520.65):

1. Attempting to influence legislation;

2. Organizing or engaging in protests, petitions, boycotts, or strikes;

3. Assisting, promoting, or deterring union organizing;

4. Impairing existing contracts for services or collective bargaining agreements;

5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office;

6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials;

7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 1249
{00022649.1} Page 6 of 15

8. Providing a direct benefit to—
(1) A business organized for profit;
(2) A labor union;
(3) A partisan political organization;
(4) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and (5) An organization engaged in the religious activities described above, unless AmeriCorps assistance is not used to support those religious activities;

9. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter registration drive;

10. Providing abortion services or referrals for receipt of such services; and

11. Such other activities as AmeriCorps may prohibit.

Fellows, like other private citizens, may participate in the above listed activities on their own time, at their own expense, and on their own initiative. However, the AmeriCorps logo must not be worn while doing so.

Reasonable Accommodations: Per Federal Guidelines and CivicWell policies, the CivicSpark programs and activities must follow equal opportunity employment requirements and be accessible to persons with disabilities by providing reasonable accommodation. In support of this:

1. CivicWell and Partner will comply with Equal Opportunity Employment guidelines.

2. CivicWell and Partner will endeavor to make reasonable accommodations to known physical or mental limitations of qualified AmeriCorps members with disabilities unless the accommodation would impose an undue hardship on the program operations.

3. CivicWell and Partner will endeavor to accommodate the sincere religious beliefs of AmeriCorps Members to the extent such accommodation does not pose an undue hardship on the Organization's operations.

4. CivicWell and Partner will not allow any form of retaliation against individuals who raise issues of equal employment opportunity or reasonable accommodation.

Non-Duplication and Non-Displacement: Federal guidelines further restrict engagement of CivicSpark Fellows to duplicate or displace staff (see 45 CFR § 2540.100(e)-(f) (1) Nonduplication. AmeriCorps assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, AmeriCorps assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides.
(2) Nondisplacement.
(i) An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving AmeriCorps assistance. (ii) An organization may not displace a volunteer by using a participant in a program receiving AmeriCorps assistance.
(iii) A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. (iv) A participant in a program receiving AmeriCorps assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee.
(v) A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that—
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{00022649.1} Page 7 of 15

1. Will supplant the hiring of employed workers; or

2. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. (vi) A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— i. Presently employed worker;
ii. Employee who recently resigned or was discharged;
iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or v. Employee who is on strike or who is being locked out. 1251
{00022649.1} Page 8 of 15
Non-Harassment and Civil Rights Policy:
1252
{00022649.1} Page 9 of 15
Exhibit B
Scope of Services
CivicWell will perform the following services:
1) General Program Responsibilities
a. Provide clear guidelines to Fellows regarding AmeriCorps regulations and expectations. b. Recruit and train Fellows to provide capacity building services for the region. c. Work to provide support and guidance for Fellows, addressing any concerns that might develop during the service year.
d. Hold Fellows accountable for the desired service results and work with Fellows on their professional development and behavior.
e. Manage local government beneficiary and/or other partner service contracts. f. Share outcomes from service with Partner.
g. Provide membership to CivicWell’s national network for an additional fee, if desired. As a CivicWell member, you will have access to our wider organization’s direct assistance and practical tools for implementing on-the-ground successes in your community. Member benefits including networking and best practices, event discounts, invitations to lunch & learns, news and action updates, resource highlights and policy action alerts. 2) Fellow Responsibilities
a. Pass a state, national, and National Sex Offender Public Website (NSOPW) background check before starting their service year.
b. Participate in a 1-week program orientation and complete at least 100 hours of training through dedicated Fellow training, development, and service days. c. Serve an average of 37 hours per week for 11 months, serving a minimum of 1700 total hours, with at least 1300 hours dedicated to Partner project activities (see below). d. Comply with guidelines for performance measures and abide by regulations on prohibited activities described in Exhibit A above.
e. Complete accurate project reporting in a timely manner as required by AmeriCorps, including:
assessments, implementation, hours served, volunteers recruited and supported, and transition of knowledge to local governments.
f. Avoid participation in prohibited activities.
g. Identify as a Fellow and wear AmeriCorps lapel pins or gear during service hours. h. Participate in days of national service including, but not limited to: Martin Luther King, Jr. Day of Service; State Day of Service, and AmeriCorps week Service Day. 3) Project Specific Scope of Work
4) The overarching goals for the Civic Spark Fellows are as follows:
a. Program Education and Community Outreach
i. In support of the Transportation Division, the fellows will support education, marketing, and community outreach regarding the various mobility services available. ii. Will assist with the development and adoption of a city electrification plan. b. Gathering and Dissemination of Information
i. In support of developing a citywide electrification plan, the Fellow will support conducting surveys and gathering information to encourage the use of alternative clean energy solutions.
c. Marketing and Enhanced Public Access to City Program Information d. This project will include: (1) an initial gap assessment conducted by the Fellow, (2) a volunteer engagement component, and (3) a transitional support activity. i. Minor changes to the scope following the requisite gap assessment process may be needed.
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{00022649.1} Page 10 of 15
ii. The project will comply with AmeriCorps service guidelines including prohibited activities described in Exhibit A – Contracted Performance Measures and Prohibited Activities.
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{00022649.1} Page 11 of 15
Exhibit C
Partner Responsibilities
Partner will perform the following services:
(1) Support Responsibilities
(a) Support Fellow recruitment by advertising your open placement through appropriate channels and networks (e.g., websites, newsletters, social media, job boards, etc.) (b) Identify one staff member to act as the “Site Supervisor” for the project, and point person for both the Fellow and CivicSpark staff.
(c) Site Supervisor shall support project implementation and professional development by:
(i) Setting aside at least 1 hour/week to check in with each Fellow and provide assistance for each approved project.
(ii) Familiarizing Fellows to the host organization (including safety procedures and protocols), resources, and project scope.
(iii)Completing an initial performance assessment of each Fellow (survey and goal setting) within 1 month of the start of the service year; conducting a mid-year performance review; and completing a final performance review survey prior to the end of the service year.
(iv) Seeking opportunities to integrate Fellows’ professional goals into project activities. (v) As appropriate, facilitating Fellows’ transition at the end of their service year by introducing Fellows to relevant colleagues and networks. (vi) Provide adequate professional workspace for Fellows within the office (e.g., desk, computer, phone, etc), and ensure that site and workplace are accessible to individuals with disabilities if needed.

1. Provide a laptop or equivalent computer if Fellow(s) will be teleserving from home on a regular basis (e.g. hybrid schedule).

2. If needed due to COVID or any other emergency reason, be able to support partial virtual service for Fellows (e.g., remote access to files, plans for virtual check-in and support, technology support for remote work)
(d) Develop defined project scope(s) and identify goals to be completed in agreed upon timeframe.
(i) Ensure key staff for each defined project completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year.
(ii) Ensure key staff for each defined project participates in a project interview early on in the service year (within the first 2-3 weeks), a part of the CivicSpark gap assessment process. (e) Support implementation of project(s) consistent with scope above and in line with CivicSpark program goals (including supporting volunteer engagement activities and participating in transitional event)
(f) Keep Regional Coordinators and/or other CivicWell staff apprised of project developments and/or challenges, and working to redefine project scope(s) and goals as necessary. (g) If challenges arise (related to professionalism, work products, etc.) provide specific written feedback to the Fellow and share with CivicWell staff in a timely manner so CivicWell staff can assess the challenges and intervene as needed.
(h) Assist with occasional site visits to Partner by CivicWell staff. (i) Not displace Partner staff or volunteers through the use of CivicSpark Fellows, nor have CivicSpark Fellows perform any services or duties that would supplant the hiring of employed workers.
(j) Not offer the CivicSpark Fellow part- or full-time employment that is substantially similar to their CivicSpark scope of work, with a start date prior to the service year-end date. Such 1255
{00022649.1} Page 12 of 15
circumstances would constitute a material breach of this Agreement as described under 5.

Termination above, and Partner would remain responsible for paying any remaining amounts due under this Agreement had the Fellow completed their project with the Partner. (2) Reporting Responsibilities
(a) Complete applications for CivicSpark projects, identifying:
(i) Total hours desired for service work;
(ii) Identification of at least 2 projects for at least 1 beneficiary per fellow (or 1 project for 2 or more beneficiaries).

1. Beneficiaries can be individual departments within a single local government or even individual staff members within the same department.

2. Specific eligibility requirements are provided here:
https://civicspark.civicwell.org/partnership-opportunities/ (b) Ensure a staff person involved in the project from each local government beneficiary completes a pre-service capacity assessment survey before the start of the service year and a post-service capacity assessment towards the end of the year. The pre-service survey defines goals for the project and establishes a baseline perspective on issues relevant to the specific project issue (i.e., climate, water, housing, mobility, etc.). The post-service survey evaluates the degree to which the Fellows’ work made progress toward the goals and baselines established in the pre-service capacity assessment survey. (c) Ensure a staff person involved in the project from each local government beneficiary participates in a project interview early on in the service year (within the first 2-3 weeks), a part of the CivicSpark gap assessment process.
(d) Submit Fellow performance assessments on time, as described above. (e) Complete any additional project reporting defined as necessary. (f) Allow CivicSpark to share results of all reporting with the state service commission and AmeriCorps, for required grant reporting.
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{00022649.1} Page 13 of 15
Exhibit D
Compensation
Costs, total project hours1, additional prep-hours and travel budget for support options on a per-Fellow basis are defined below.

CivicWell will receive no more than $62,000, for #2 Fellow(s) for performing the services set forth in this Agreement..

Per Fellow Benefits
Costs $31,000/Fellow
Project Support 11 Months, 1,300+ project hours
Additional Benefits Up to 80 additional project-prep hours.

Up to 100 volunteer engagement hours.

CivicWell
Membership $500 (existing city membership billed separately) Except for activities associated with CivicWell membership, work completed under this contract will be performed by CivicSpark AmeriCorps Fellows.

Installment Billing,
Invoices will be the total amount of the contract divided into 4 equal installments, billed over the Fellow(s)’ term of service with the first installment due at contract signing. CivicWell will bill the Partner for the full installment amount regardless of Fellow activity during any given period. If for some reason CivicWell is unable to provide services for the full contract duration (e.g., a Fellow leaves the program for medical or personal reasons and a suitable replacement cannot be provided), Partner is only responsible for the portion of the contract amount for the hours of service actually provided. Partner must inform CivicWell prior to the project start if they need invoices to include specific format, tasks, billing codes, or other details. Partner must also provide clear instructions to CivicWell about how time should be tracked and reported, if necessary.

1 Note that project hours include all project related activities as well as basic administrative tasks related to CivicSpark service (e.g., completing timecards, progress reports, project related communications with CivicWell staff, etc.). 1257
{00022649.1} Page 14 of 15
Exhibit E
Timeline
All tasks enumerated in Exhibit B – Scope of Services are to start on September 12, 2023 and should be completed by December 31, 2024.
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{00022649.1} Page 15 of 15
Exhibit F
Insurance Requirements
Please refer to the City of Richmond – Insurance Requirements – Type 2: Professional Services 1259
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 1261
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
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July 11, 2023
Mayor's Office
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Eduardo Martinez
Subject: Appointment to the Design Review Board
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Vita Rey is applying for an open position on the Design Review Board
RECOMMENDED ACTION: APPOINT Vita Rey to the Design Review Board, to fill an open position, Term Expires March 17, 2025 - Mayor’s
Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION: Vita’s a member of the National Council for Interior Design Qualification and Leadership in Energy and Environmental Design. Vita is currently employed as an Interior Designer/Intern Architect
DOCUMENTS ATTACHED:

Attachment 1 – Vita’s application
AGENDA
REPORT
1263
1264

July 11, 2023
Mayor's Office
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Mayor Martinez and Councilmember Jimenez
Subject: Request for Proposal for Offshore Wind Study for the Port of Richmond Click here for Subject
FINANCIAL IMPACT: $50,000 - $75,000

PREVIOUS COUNCIL
ACTION:

June 6, 2023
June 15, 2023

STATEMENT OF THE
ISSUE:

On June 15, 2023, the City Council established that it is a priority for the City to “re-envision Richmond Port as an ecologically responsible revenue generator (Goal #2:

Improve Revenue and Improve Economic
Development).” Offshore wind development is an
economic opportunity the City should pursue, in keeping with the above priority area.

RECOMMENDED ACTION: DIRECT staff to issue a Request for Proposal to hire a consultant to evaluate potential site uses for the Port of Richmond in support of offshore wind development –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Offshore wind is a highly promising clean energy technology. To achieve its climate goals and diversify its energy portfolio, the State of California intends to deploy 25 giga watts of offshore wind by 2045, which could be enough to supply 15-20 percent of the state’s planned clean energy resources and power up to 25 million California homes (Offshore Wind California).

AGENDA
REPORT
1265

July 11, 2023
Achieving this goal will require significant participation from California Ports and Harbors. Fortunately, various state and federal studies show that the Port of Richmond is a good candidate site to support the offshore wind industry.

The benefits to Richmond making this investment are manifold. Offshore wind power is a clean and renewable energy source that helps reduce greenhouse gas emissions and combat climate change. It produces electricity without burning fossil fuels, leading to a significant reduction in air pollution and carbon dioxide emissions compared to traditional power generation methods.

The development of offshore wind farms necessitates the creation of specialized technologies, such as advanced turbine designs, floating platforms, and underwater infrastructure. These innovations not only benefit the wind industry but also have potential applications in other sectors, such as marine engineering and renewable energy research.

Moreover, developing, constructing, and maintaining offshore wind farms requires a skilled workforce, providing employment opportunities in various sectors such as engineering, manufacturing, installation, operations, and maintenance.

The City of Richmond has an opportunity to activate the Port of Richmond to support offshore wind development in California and create green-blue jobs for Richmond residents. There are many considerations associated with pursuing this industry, including potential environmental impacts, technological limitations, and regulatory complexities. These aspects need to be carefully addressed and managed to ensure the sustainable growth of this industry in Richmond.

To evaluate the Port as a manufacturing/fabrication site, construction support site, operations and maintenance site, or shipbuilding site, a strategic plan is needed.

Considering the offshore wind industry’s design criteria needed for various operations, this strategic plan should a) evaluate the Port of Richmond’s site conditions; b) identify potential site uses; and c) prepare several site improvement concepts from minimum upgrades to a major site redevelopment project.

In short, a strategic plan evaluating potential site uses for offshore wind development at the Port of Richmond will the City of Richmond to make well-informed decisions based on expert analysis, economic considerations, environmental impacts, and regulatory compliance. This proactive approach supports responsible and sustainable offshore wind development while maximizing the benefits for the local community and the environment.

DOCUMENTS ATTACHED:

N/A
1266

July 11, 2023
Police Department
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Subject: Proposed sole source contract with InTime Services Inc. to provide software for time and attendance tracking, asset inventory tracking, and court subpoena tracking.

FINANCIAL IMPACT: The proposed annual $29,790 expenditure is included within the proposed fiscal year 2023-2024 budget –
account string 01191021-400209.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Police Department staff is requesting a one-year solesource contract with InTime Services to continue using their software for time and attendance documentation,
asset inventory, tracking training, and to manage court subpoenas.

RECOMMENDED ACTION: APPROVE a one-year sole-source contract with InTime Services, Inc. in an amount not to exceed $29,790, with a term from July 1, 2023 through June 30, 2024, to provide tracking software for use by Police Department staff for time and attendance, asset inventory, and court
subpoena – Police Department (Chief Bisa French 510-
621-1802).

AGENDA
REPORT
1267

July 11, 2023
DISCUSSION:

Police Department staff plans to use InTime’s software to record a myriad of various work shifts for all 212 employees. InTime is able to provide reports based on work assignment, date, supervisor, etc. in order to help track special projects, and overtime.

In addition to time and attendance, the police department will use InTime to track and manage (scanned paper and electronic) documents and certifications for individual personnel, as well as assets assigned to department staff (e.g., computers, bullet-proof vests, helmets, service weapons, equipment, etc.). Unfortunately, InTime does not have an export option that would allow us to retain the data that has been entered up to this point; and for this reason, Police Department staff has completed a sole-source authorization to use InTime’s services for the next year while we prepare a Request for Proposal (RFP) to align with the City’s multi-year contract policy. Police Department staff will issue an RFP later this summer to comply with the City’s purchasing policy and to ensure that the City receives the most cost-effective time keeping and record retention system.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Executed Sole Source Form
Attachment 3 – IT Authorization
1268

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
1269

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:

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

Date Signed:

By:

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

By:

By: Title:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
1270
For the Contract between the City of
Richmond and

EXHIBIT A

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

Police Department
1271
For the Contract between the City of
Richmond and

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 1272
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond
Richmond, CA 94804-0046

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

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1274
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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 1275
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 1276
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 1277
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1279
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1280
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 1281
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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-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1282
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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 regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

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

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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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 1284
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 1285
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City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

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

40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 1286
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):
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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.
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___ Section 8
City of Richmond - Insurance Requirements – Type 8:

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

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

General Liability
(primary and excess limits
combined)

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 2 of 4
Revised: September 2011

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

Cyber Liability Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

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
Additional Insured Endorsement
(continued)
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.

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.
1290
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 3 of 4
Revised: September 2011
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.

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

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

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

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

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 1291
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 8:

IT and Cyber Risks
Type 1 – Page 4 of 4
Revised: September 2011
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.
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1293

Renewal Agreement
For Richmond PD
Cloud Hosted Scheduling and
Workforce Management
Prepared by: Ian Komnenic
Account Executive
778-655-6499
[email protected]
Date Issued: 06/12/2023

EXHIBIT G
1294
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com About InTime
InTime is the leading provider of Scheduling and Workforce Management software that’s purpose-built for public safety agencies. InTime’s product offering has been refined through 25 years of experience and in-house development and proven to meet the needs of over 500 agencies, who trust InTime in helping them work more efficiently, spend smarter, reduce risks and better engage their teams.

In addition to providing the most robust product offering, InTime brings implementation expertise ensuring rapid time-to-value, effective training, world class customer support, and public safety workforce management thought leadership. Additionally, hundreds of members of InTime’s customer community share their experiences and learn from each other at InTime University, InTime’s annual user conference.
1295
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Workforce Management Platform
InTime understands the unique workforce management needs of the various roles within a public safety agency and has optimized the software accordingly. This includes insightful analysis and reporting for Command, an efficient suite of scheduling and related tools to ensure Operations is highly effective, accurate and efficient, and an easy to use online and mobile experience for Staff to have instant visibility of, and the ability to request changes to, their individual schedules
Workforce
Management Platform
Scheduling
Timekeeping
Shift
Bidding
Overtime
Management
Leave
Management
Training &
Certifications
Court &
Subpoena
Operations
Efficient Scheduling
Automated Timesheets
Equitable Shift Posting
Minimum Staffing
Manage Approvals
Special Events
Command
Data-driven Decisions
Reduce Labor Complaints
Overtime Cost
Management
Employee Fatigue
Risk Mitigation
Accountability
Staff
Mobile App Access
Real-time Schedule
Timesheets Submission
Overtime Sign-Up
Push Notifications
Leave & Swap Requests
1296
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Making Better Agencies
InTime customers have experienced significant returns on their investment in the forms of reduced costs and risk, while improving efficiencies, better ensuring compliance and enhancing agency-wide communication.
46% 100% 90% 50%
Reduction in
court-related
Overtime across
23 member agencies
Visibility of schedule
history, changes and
reasons
Reduction in time
spent managing
Overtime
Reduction in
Overtime costs
Integrated Law
& Justice for
Orange County North Dakota DOC
Winnebago
County Sheriff
Azusa Police
Department
"Now, I might send out 20 [shifts] on a Thursday and by Thursday night, have those 20 shifts signed up for, within 10-15 minutes.”
– Lieutenant, South San Francisco Police Department
“Using InTime to manage Secondary Duty, I am able to have full accountability for all my officers and offer better customer service to clients requesting off duty.” – Chief, Bluffton Police Department
“Before, I had 3 or 4 different sheets that I had to update to keep everything accurate. Now, everything is in one place and it’s easy to transfer officers from one shift to another. It’s beyond belief how much time and money is saved.”
– Lieutenant, Toledo Police Department
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Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Proposed Solution Components
Scheduling via Software-as-a-Services (SaaS) is the core of the proposed solution to address your agency’s primary objectives, but there is far more to agency success that just signing up to use a scheduling software service. The following outlines the proposed solution components, that collectively, provide a holistic approach to successfully addressing your agency’s objectives.

Software-as-a-Service (SaaS)
InTime is provided via an annual subscription model and hosted on Amazon Web Services (AWS).

Public Safety agencies have many complex processes related to scheduling and timekeeping. InTime, through providing solutions for hundreds of public safety agencies for 25 years, has seen just about every unique scheduling process. With this knowledge, InTime continuously enhances the software to be the most robust and efficient on the market. While many entry-level products struggle to adapt to complex public safety agency processes, it is InTime that provides the robust software offering that just works.
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Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Architecture
InTime is cloud hosted and provides the primary software capabilities, security, administration, and data storage. InTime is hosted on Amazon Web Services (AWS) in a Multi-Availability Zone deployment that synchronously replicates the data to a standby instance in a different Availability Zone, and provides the premium standard for reliability and security.

InTime is accessed via the following tools, all of which are included with the InTime subscription.

InTime Desktop
A robust client easily installed on the computers of the schedulers or others in management, that provides secure access to the core product for scheduling and related capabilities, administration, and reporting.
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Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Mobile
Available for both Android and iOS, a rich Mobile App for staff to:
• view individual and team schedules
• sign up for shifts, overtime and extra-duty
• submit leave requests
• request shift trades
• punch-in punch-out (geo-fenced)
• receive mobile alerts
1300
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Web
A mobile optimized web browser experience for use on computers, tablets or smartphones, where staff can:
• view individual and team schedules
• sign up for shifts, overtime and extra-duty
• submit leave requests
• request shift trades
• And supervisors can approve/reject requests
1301
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Cloud Security, Privacy and Availability
InTime leads the public safety workforce management provider sector with the highest levels and of privacy and data protection.

All InTime customer data is hosted by Amazon Web Services (AWS) in secure data centers designed to host sensitive data, regulate workloads, and address the most stringent government security and compliance requirements. InTime secures customer data in AWShosted geographically dispersed data centers with disaster-recovery systems in place.

In addition to the layers of security within AWS, InTime itself is SOC 2 Type 2 compliant across all 5 Trust Criteria, which is unique in the public sector scheduling market, and demonstrates that InTime (both the company and the offering) provides the highest level standards for security, privacy and internal controls.

Read more:
“Why take the risk of choosing a different vendor that hasn’t achieved the highest level of accreditation for security, privacy and availability?”
1302
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Software Modules and Relates Services
Scheduling System
The Scheduling System is the foundation of InTime and can be complemented with any or all of InTime’s optional integrated modules to provide a complete solution to meet your organization’s objectives.

Public safety agencies have many complex processes related to scheduling.

InTime’s Scheduling system has been enhanced over 25 years to provide most robust offering on the market that addresses most every unique process for public safety scheduling.

While many entry-level products struggle to adapt to complex public safety agency processes, it is InTime’s Scheduling offering that just works.

Learn more here
Attributes Include:
• Overtime tracking, posting and reporting
• Minimum staffing indicator
• Email notifications
• Integrated special duty assignments
• Integrated training assignments
• Customizable daily rosters
• Comprehensive employee profile
• Skills and attribute tracking
• Employee Staff filters
• Over 100 standard and highly configurable reports
• History tracking
• Supervisor leave approvals
1303
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Timekeeping Module
With scheduling at the core, all your employee data, complex pay rules, and overtime information are built into your schedule and pushed automatically to Timekeeping . Employees can submit overtime and activity slips for approval.

Learn more here
Attributes Include:
• Timesheets populated automatically from Schedule
• Electronic overtime requests
• Employee timesheet verification
• Supervisor activity and timesheet approvals (up to 3 levels) • Generic .CSV Payroll Export
• Payroll specific timecard print outs
1304
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Court and E-Subpoena Module
InTime’s Court & E-Subpoena Module allows Courts and police departments to easily schedule court appearances, serve electronic subpoenas, and efficiently communicate with personnel named as witnesses. Court clerks can see witness availability when selecting Court dates, preventing scheduling conflicts, back-and-forth correspondence, and even reducing overtime hours.

Learn more here
Attributes include:
• Court Clerks have visibility into officer schedules & schedule hearings to minimize overtime and prevent scheduling conflicts, , and deliver subpoenas via text or email.
• Subpoenas, changes, cancels are all delivered electronically and officers notified via SMS, email and mobile alerts
• Agency Department Schedulers see when officers scheduled for court
• Agency Department Schedulers are alerted to staffing shortfalls and can backfill quickly
1305
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Asset Tracking Module
Without the proper auditing process in place it can be difficult to know where the agency equipment is, who it has been assigned to and if there's anything missing. InTime’s Asset Module makes this process painless with electronic equipment tracking. Assign assets such as radios, laptops, firearms or Tasers to employees and ensure that they have the proper training to use it.

Learn more here
Attributes include:
• Daily & permanent staff inventories
• Bar-code scan compatibility
• Asset usage & tracking reports
1306
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Training and Certification Management Module
InTime provides the tools to not only track your training programs and employee training history, but to ensure that employees have the proper qualifications before scheduling them for a shift.

Learn more here
Attributes include:
• Course Planning
• Certification tracking & expiries
• Training Levels
• Training management reports
1307
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Customer Support
Invariably, customer organizations will need a helping hand or expert insights in solving complex challenges with their scheduling and timekeeping. InTime’s Customer Support team is trained to guide our customers to use the software in the best way to address their challenges.

Customers also automatically have access to software updates as they are released.

Attributes include:
• Unlimited Help Desk Support during business hours
• 24/7 critical support
• Online InTime Knowledge Hub
• Online “refresher” video library available 24/7
• Automatic software updates including written and video instructions for new features
“The responsiveness, the thoroughness, the explanations, and the care…InTime’s Support is phenomenal. I don’t believe you’ll find any comparison between the customer support; that’s really what makes the software that much more magnificent”. Lt. Michael Howard (Novato Police Department)
1308
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime University (Annual User Conference)
We invest in your success with InTime University.

Once a year, InTime invites all its customers to a three-day user conference event at a major USA city. The agenda includes product training sessions, customers sharing their case study stories, public safety industry speakers, and an opportunity to network with likeminded public safety officials to exchange experiences and ideas.

There’s only one catch - all attendees need to be
InTime customers.

InTime makes a significant investment in this event to help keep customer registration fees affordable.

We look forward to hosting you at the next conference.

Listen to what attendees say
1309
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com InTime Solution Pricing Annual Subscription For: 225 Employees

SCHEDULING MODULE

TIMEKEEPING MODULE

COURT AND SUBPOENA MODULE

ASSET TRACKING MODULE

TRAINING & CERTIFICATION MANAGEMENT MODULE

CUSTOMER SUPPORT AND MAINTENANCE

SECURE HOSTING
• Top tier cloud service provider
• Automatic failover
• Real time data redundancy
Subscription fee for 01/07/2023 – 30/06/2024 : $29,790
1310
Renewal Agreement For Richmond PD
Confidential Document – Do Not Distribute without Permission 1.877.603.2830 | intime.com Notes

1. All prices are in US Dollars.

2. This proposal is valid for 30 days.

3. Fees are exclusive of any and all applicable taxes and duties, including withholding taxes.

4. Payment for the subscription fee and for professional services (if any) are net thirty (30) days from date of invoice.

5. InTime’s Terms and Conditions are attached to this proposal.

6. Invoicing schedule is per the following:

Subscription Fee: Upon contract signing and annually on contract date anniversary Services and Training: On contract date
Acceptance of Terms
To indicate acceptance of the terms of this proposal, either issue InTime a purchase order referencing this proposal for the amounts indicated or sign the document on the spaces indicated below.

Both parties have read and agreed to the terms and conditions of this proposal:

Customer Organization
Name
Authorized Signature Date
InTime Services Inc.

Vendor Name Authorized Signature Date
1311
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT H

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
1312
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1314
1315
I.T. - RELATED PURCHASES AUTHORIZATION
Form must be fully completed and signed prior to information technology related purchases 06/23/2022 Date
Requested Vendor InTime Software V#
Vendor Address
Contact Person
Email Address
Phone No ( Fax#
Quantity Item Unit Price Total
1 5-Year SaaS 180,450 180,450 $ $
$ $
$ $
180,450 Total $_
Purpose
This section must be completed with respective price quote(s) included with form:

Five year renewal for InTime Software (Time and Attendance) Requested by
Lt. E.

Department Head IT Director
Approval Date Approval Date
Information Technology Related - Purchase Form - Rev 5-2016 1316
ADA (American with Disabilities Act) Compliance
Access and Accommodation
Compliance with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973: in order to improve accessibility of existing technology and therefore increase the successful employment of individuals with disabilities, particulariy blind and visuaily impaired, deaf and hard-of-hearing persons please answer the following questions:

X
Is this item ADA Compliant? Yes No
if NO, piease answer the following questions:

X
Will this item be used by the public?
Can other vendors provide an ADA compliant product? Explain Yes No
X
Will this item be used by City employees? Yes No
Categories for Information Technology (IT) Product
● Software applications and operating systems
● Web-based information and applications
● Telecommunications products
● Video and muitimedia products
● Desktop and portable computers
● End user hardware
Examples of Information Technology (IT) Products
● World Wide Web
● Scanners
● Printers
● Copiers
● PDAs
● Computers
● Computer Software
● Computer Operating Systems
● Phones
● Apps
● Information Kiosks
● ATMs
● Multimedia
● Videos
● Fax Machines
1317
inTimeR)
Renewal Proposal For
Richmond PD
Cloud Hosted Scheduling and
Workforce Management
Prepared by: Ian Komnenic
Account Executive 1
778-655-6499
[email protected]
Date Issued: 06/23/2022
1318
Renewal Proposal For Richmond PD inTime
Software Modules and Relates Services
Scheduling System
The Scheduling System is the foundation of InTime and can be complemented with any or all of InTime’s optional integrated modules to provide a complete solution to meet your organization’s objectives.

Public safety agencies have many complex processes related to scheduling.

InTime’s Scheduling system has been enhanced over 25 years to provide most robust offering on the market that addresses most every unique process for public safety scheduling.

While many entry-level products struggle to adapt to complex public safety agency processes, it is InTime’s Scheduling offering that just works.

Learn more here
Attributes Include:

Overtime tracking, posting and reporting
Minimum staffing indicator
Email notifications
Integrated special duty assignments
Integrated training assignments
Customizable daily rosters
Comprehensive employee profile
Skills and attribute tracking
Employee Staff filters
Over 100 standard and highly configurable reports
History tracking
Supervisor leave approvals
' ■"'me.cor
1319
Renewal Proposal For Richmond PD inTime
Timekeeping Module
With scheduling at the core, all your employee data, complex pay rules, and overtime information are built into your schedule and pushed automatically to Timekeeping. Employees can submit overtime and activity slips for approval.

Learn more here
Attributes Include:
● Timesheets populated automatically from Schedule
● Electronic overtime requests
● Employee timesheet verification
● Supervisor activity and timesheet approvals (up to 3 levels) ● Generic .CSV Payroll Export
● Payroll specific timecard print outs
'''03.2830 I intime.com
1320
Renewal Proposal For Richmond PD inTime
Court and E-Subpoena Module
InTime’s Court & E-Subpoena Module allows Courts and police departments to easily schedule court appearances, serve electronic subpoenas, and efficiently communicate with personnel named as witnesses. Court clerks can see witness availability when selecting Court dates, preventing scheduling conflicts, back-and-forth correspondence, and even reducing overtime hours.

Learn more here
Attributes include:
● Court Clerks have visibility into officer schedules & schedule hearings to minimize overtime and prevent scheduling conflicts and deliver subpoenas via text or email.
● Subpoenas, changes, cancels are all delivered electronically and officers notified via SMS, email and mobile alerts
● Agency Department Schedulers see when officers scheduled for court
● Agency Department Schedulers are alerted to staffing shortfalls and can backfill quickly
» »
j ; intims.ci
1321
Renewal Proposal For Richmond PD inTime
Asset Tracking Module
Without the proper auditing process in place it can be difficult to know where the agency equipment is, who it has been assigned to and if there's anything missing. InTime’s Asset Module makes this process painless with electronic equipment tracking. Assign assets such as radios, laptops, firearms orTasers to employees and ensure that they have the proper training to use it.

Learn more here
Attributes include:
● Daily & permanent staff inventories
● Bar-code scan compatibility
● Asset usage & tracking reports
intime.! >;!!
1322
Renewal Proposal For Richmond PD inTime
N
Training and Certification Management Module
InTime provides the tools to not only track your training programs and employee training history, but to ensure that employees have the proper qualifications before scheduling them for a shift.

Learn more here
Attributes include:
● Course Planning
● Certification trackings expiries
● Training Levels
● Training management reports
1323
Renewal Proposal For Richmond PD inTime
InTime Solution Pricing Annual Subscription For: 275 Employees

SCHEDULING MODULE

TIMEKEEPING MODULE

COURT AND SUBPOENA MODULE

ASSET TRACKING MODULE

TRAINING & CERTIFICATION MANAGEMENT MODULE

CUSTOMER SUPPORT AND MAINTENANCE

SECURE HOSTING
● Top tier cloud service provider
● Automatic failover
● Real time data redundancy
Cost for 07/01/2023 - 06/30/2024: $36,090
Cost for 07/01/2024 - 06/30/2025: $36,090
Cost for 07/01/2025 - 06/30/2026: $36,090
Cost for 07/01/2027 - 06/30/2028: $36,090
Cost for 07/01/2028 - 06/30/2029: $36,090
1324
Renewal Proposal For Richmond PD inTime
Notes

1. All prices are in US Dollars.

2. This proposal is valid for 30 days.

3. Fees are exclusive of any and all applicable taxes and duties, including withholding taxes.

Payment for the subscription fee and for professional services (if any) are net thirty (30) days from date of invoice.

4. 5. InTime’s Terms and Conditions are attached to this proposal.

6. Invoicing schedule is per the following:

Subscription Fee: Upon contract signing and annually on contract date anniversary Services and Training: On contract date
Acceptance of Terms
To indicate acceptance of the terms of this proposal, either issue InTime a purchase order referencing this proposal for the amounts indicated or sign the document on the spaces indicated below.

Both parties have read and agreed to the terms and conditions of this proposal:

Customer Organization
Name
Authorized Signature Date
InTime Services Inc.

Vendor Name Authorized Signature Date
-'■e.cnm
1325

July 11, 2023
Police Department
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Bisa French, Chief of Police
Michelle Milam, Crime Prevention Manager
Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Subject: Contra Costa County Health, Housing, and Human Services Contract for Coordinated Outreach Referral and Engagement (CORE) Homeless Outreach Services
FINANCIAL IMPACT: Funding for the contract between the City and County for CORE will not exceed the following annual limits:
 FY 2023-2024 – $456,519
 FY 2024-2025 – $476,546
 FY 2025-2026 – $497,574
Funding for the shared San Pablo/Richmond CORE team
will come from the approved Police Department’s budget
for Fiscal Year 2023-2024 in the amount of $161,837
(Account string 01193021-400201). This amount will
increase annually by 5%. The remaining contract
balance of $923,651 will come from the Round 2
Encampment Resolution Funding received from the
Interagency Council on Homelessness by the City to
assist in resolving encampments citywide. The account
string for this grant project has not been assigned yet.

PREVIOUS COUNCIL
ACTION:

N/A
AGENDA
REPORT
1326

July 11, 2023

STATEMENT OF THE
ISSUE:

Approve a sole-source contract with Contra Costa
County (“County”) for Coordinated Outreach Referral and Engagement (CORE) services for Fiscal Years 2023-
2026.

RECOMMENDED ACTION: RATIFY and APPROVE a three-year sole-source contract with Contra Costa County for Coordinated
Outreach Referral Engagement (CORE) services for the
period July 1, 2023, through June 30, 2026, for a total contract compensation amount not to exceed $1,430,639
– Police Department (Chief Bisa French 510-621-1802).

DISCUSSION:

Contra Costa County (“County”), through its Coordinated Outreach Referral and Engagement (CORE) service has been utilized to support existing efforts at homeless encampment sites. The CORE program provides direct access for unhoused individuals and facilitates access to the County’s various programs and other nonprofit systems of care. The CORE Homeless Outreach team provides onsite case management, coordinated entry and housing navigation, health care referrals, shelter placement, assessments, mental health, alcohol, and other drug treatment referrals and placements for the City’s unhoused population.

This proposed contract will add a full-time, Richmond only, CORE Homeless Outreach team to add to the services already provided by the City’s part time CORE Homeless Outreach team. In-depth social services delivery and behavioral health support will be facilitated by the addition of a professional Care Coordinator to the team.

During our efforts over the past several years, it has become evident that the high rate of chronically homeless individuals in the City of Richmond cannot be addressed without the additional case management support necessary to access housing and services. The proposed expansion of the CORE team will enhance the benefits of the additional behavioral health support and housing subsidies for the chronically homeless provided by the award of the recent Encampment Resolution Grant. The funding will be used to support the full-time team, in addition to the current split with the City of San Pablo.

The coordinated outreach and response team will use CORE as an entry point to the Contra Costa Continuum of Care. Their role is to locate, engage, stabilize, and house chronically homeless individuals. Richmond has the highest rate of homelessness in the county, and is in need of a larger team.
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July 11, 2023
Prior contractual services for the Richmond/San Pablo CORE team were split between the City of Richmond and the City of San Pablo (60/40, respectively). However, as of June 2023, the City of Richmond was recently awarded a second round of State Encampment Resolution Funding to assist in providing housing, outreach, and mental health services to encampments city-wide. The total amount of the funding is $8,602,587. State funding will be allocated to fund a full-time Richmond CORE team that will provide outreach services including mental and behavioral health services. This award, once accepted by City Council, is anticipated to support the additional CORE full-time team. Proposed teams will be composed of the following:

RICHMOND & SAN PABLO TEAM
 (2) 0.6 FTE Outreach Specialists (shared with the City Of San Pablo)

RICHMOND ONLY TEAM
 (1) 1.0 FTE Outreach Specialist
 (1) 1.0 FTE Care Coordinator
 (1) 0.38 FTE Program Management and Data Analysis
During the January 2, 2022, through December 31, 2022, reporting period, CORE provided the following services:

1. POINT IN TIME COUNT DATA
Point In Time Count Data is meant to be a snapshot in time of the unhoused population.

Contra Costa County captures Point in Time Count Data annually and reports the statistics to the Federal Department of Housing and Urban Development (“HUD”) in alternate years. This is part of a national effort performed by local jurisdictions to develop information on the number of unhoused individuals. In 2023, the weeklong Point In Time Count (“PIT”) conducted by Contra Costa County revealed that between 2020 and 2023, the number of unhoused individuals in the City Richmond increased from 280 to 487.

2. HOMELESS MANAGEMENT INFORMATION SYSTEM DATA (HMIS)
HMIS data is collected daily from contacts that CORE makes in the field with unhoused individuals. In 2022, CORE documented a total of 3,198 contacts with unhoused individuals. Of that amount, 1,094 had not been previously counted. 681 or 62.25 percent reported losing their housing in the City of Richmond. 81.08 percent indicated the last city they slept in was Richmond. 53.84 percent indicated that they grew up in Richmond, and 34.55 percent indicated that they have friends and family here. 1328

July 11, 2023

3. OTHER HOUSING LOSS LOCATIONS

23.76 percent reported losing housing in another city within Contra Costa, 13.9 percent reported losing their housing outside of Contra Costa County, and one client .09 percent refused to provide an answer. The remaining 62.25 percent lost their housing in Richmond.

4. PRIOR LIVING SITUATION
The highest percentage of clients (93.33 percent), responded that their prior living situation was a place not meant for habitation (e.g., vehicle, abandoned building, anywhere outside.)

5. HEALTH INDICATORS

70.20 percent indicated that they have a disabling condition. Those disabilities are (Chronic Health Condition, Developmental Condition, HIV/AIDS, Mental Health Problem, or physical disability.) The most common disability listed was a mental health disorder, followed by a physical health disorder.

6. RACE/GENDER/ETHNICITY/STATUS – Notable figures
 32.99 percent were families, 69.74 percent were single  55.58 percent identified as male, 44.15 percent identified as female, and .18 percent identified as multi-gender
 18.28 percent were domestic violence survivors
 54.84 percent were African-American followed by 23.95 percent white  21.94 percent were Hispanic/Latin(a)(o)(x)
CORE serves as a nexus to the Contra Costa System of Care which includes county shelters, residential treatment facilities, rapid rehousing, independent living, COVID-19 testing and treatment, transportation, mental health and AOD services, identification services, shelter and housing placement, and health and basic needs.

CORE works in tandem with other services that the City has invested in within the City and provides additional support and connection for the unhoused. CORE also assists in emergencies such as severe weather and the pandemic.

The CORE team is available to City staff to provide services directly to the population and works closely with police, fire, planning, code enforcement, public works, the City Manager’s office, and others, to provide outreach services to individuals who are unhoused. They also collaborate with other unhoused city service contractors. 1329

July 11, 2023

BENEFITS OF AN ADDITIONAL TEAM
Adding additional services would:
 Allow the City to expand CORE hours
 Provide clinical mental health and behavioral health services within the framework of the team. The City could perform in-depth analysis in partnership with the county of when services are needed and adjust hours accordingly.  Equip the team to respond to inclement weather incidents by increasing the ability to deploy additional staff.
 Increase the ability of CORE to shuttle clients to appointments.  Assist with housing document readiness.

EQUITY MEASUREMENTS
The County has developed detailed Racial, Ethnic and Gender Equity measures to help determine outcomes for populations by race and gender. As part of this updated contract, the County will work with the City to create measurable outreach and service goals for populations highly impacted by homelessness using a race equity framework.

This is in alignment with the current strategic plan. This data will be shared with the City to inform policy decisions.

DOCUMENTS ATTACHED:

Attachment 1 – Three-year Contract Between the City and CORE Attachment 2 – Sole Source Agreement
Attachment 3 – CORE Budget
Attachment 4 – Equity Measures
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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
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For the Contract between the City of
Richmond and

EXHIBIT A

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

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

3. Contractor shall submit timely invoices (i.e. within 30 days of service performed) to the following address:

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 1334
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond
Richmond, CA 94804-0046

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

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 1336
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 1337
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 1338
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 1339
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 1341
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 1342
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 1343
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 1344
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
1345
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 1346
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 1347
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. 1348
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):
1349
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.
1350
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
1351
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 1352
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
1353

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

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

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

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT G
1354
1355
1356
1357
1358
1359
1360
Team Name: City of Richmond
Contract Term: 7/1/2023 - 6/30/2026
Funding source(s)
Funding Amount 294,682 635,758
Option Code(s)
CFDA Number
Federa, State, or Local Funding Various
Position Titles FTE Salaries FTE Salaries FTE
Program Manager 0.13 11,440 0.13 11,440 0.13
Coordinator 0.25 20,000 0.25
Outreach Specialist 1.00 55,000 1.00
Care Coordinator 1.00 72,000 1.00
Dispatcher 0.00 105,332 2.00
Data Analyst 0.00 60,000 1.00
Data Specialist 0.00 - - 42,000 1.00
Program Director 0.00 - - 111,000 1.00
Overtime 0.04 2,957 0.04
Doubletime 0.01 986 0.01
PT Fringe Benefits 16.00% - -
FT Fringe Benefits 32.00% 51,963 105,527
Heluna F&A 11.20% 24,007 48,753
Subtotal Personnel Expenses 238,352 484,053
Operating Expenses
Vehicle expenses (rental, gas, etc.) 22,180
Phone & IT Expenses 4,040
Client Expenses (Transit tickets,
water, food, emergency supplies,
etc.) 720 1,000
Other Costs (office supplies,
employee uniforms, storage unit etc.) 4,870 2,000
Subtotal Operating Expenses 31,810 3,000
Subtotal Direct Expenses 270,162 487,053
Admin Indirect Expense 10% 24,520 48,705
Distribution across funding sources
Richmond leveragaged
funding
1361
100,000
294,682 635,758
8% increase
Quarterly Invoice 73,671
Housing Security Fund (HSF)

TOTAL PROGRAM EXPENSES
1362
Contract
Total Year
1 Contract
Total Year
2 Contract
Total Year
3 8%
increase
5%
Increase
5%
Increase
11,440 12,012 12,613 Budgeted off proposed new range capping at 88k year 1 20,000 21,000 22,050 Budgeted off proposed new range capping at 80k year 1 55,000 57,750 60,638 Budgeted off proposed new range capping at 55k year 1 72,000 75,600 79,380 Budgeted off proposed new range capping at $72k year 1 - - -
- - -
- - -
2,957 3,105 3,260
986 1,035 1,087
- - -
51,963 54,561 57,289
24,007 25,207 26,467
238,352 250,270 262,783
22,180 22,180 22,180
4,040 4,040 4,040
720 720 720
4,870 4,870 4,870
31,810 31,810 31,810
270,162 282,080 294,593
24,520 25,587 26,708
1363
923,651
294,682 307,667 321,301 3 Year Total
8% increase 5% 5%
1364
Team Name: Richmond/San Pablo
Contract Term: 7/1/2023 - 6/30/2026
Funding source(s)
Funding Amount 161,837
Option Code(s)
CFDA Number
Federal, State or Local Funding Local
Position Titles FTE Salaries FTE
Program Manager 0.13 6,864 0.08
Coordinator 0.25 12,000 0.15
Outreach Specialist 2.00 66,000 1.20
Dispatchers 0.00 - -
Data Analyst 0.00 - -
Data Specialist 0.00 -
Program Director 0.00 - -
Overtime 0.04 1,774 0.02
Doubletime 0.01 591 0.01
Total FTE & Total Salaries 2.43 87,229 1.46
FT Fringe Benefits 32.00% 27,913
Heluna F&A 11.20% 12,896
Subtotal Personnel Expenses 128,039
Operating Expenses
Vehicle expenses (rental, gas, etc.) 13,308
Phone & IT Expenses 2,424
Client Expenses (Transit
tickets, water, food,
emergency supplies, etc.) 432
Other Costs (office
supplies, employee
uniforms, storage unit etc.) 2,922
Subtotal Operating Expenses 19,086
Subtotal Direct Expenses 147,125
Admin Indirect Expense 10% 14,712
Housing Security Fund
(HSF)
Distribution across funding sources
Richmond
(60%)
1365
TOTAL PROGRAM EXPENSES 161,837
Richmond (60%)
San Pablo Total (40%)
1366
1367
Contract Total
Year 1
Contract
Total Year 2
107,891 635,758 8% increase 5% increase
Local Various
Salaries FTE Salaries FTE
4,576 0.05 11,440 0.13 11,440 12,012
8,000 0.10 20,000 21,000
44,000 0.80 110,000 115,500
- - 105,332 2.00
- - 60,000 1.00
- 42,000.00 1.00
- - 111,000.00 1.00
1,183 0.02 2,957 3,104
394 0.00 986 1,035
58,153 0.97 329,772 5.13 145,382 152,651
18,609 105,527 46,522 48,848
8,597 48,753 21,493 22,568
85,359 484,053 213,398 224,067
8,872 22,180 22,180
1,616 4,040 4,040
288 1,000 720 720
1,948 2,000 4,870 4,870
12,724 3,000 31,810 31,810
98,083 487,053 245,208 255,877
9,808 48,705 24,521 25,588
100,000
on across funding sources
San Pablo
(40%) County Leverage
1368
107,891 635,758 269,728 281,465
107,891 112,586
161,837 168,879
1369
1370
Contract
Total Year 3
5% increase
12,613
22,050
121,275
3,260
1,087
160,284
51,291
23,696
235,271
22,180
4,040
720
4,870
31,810
267,081
26,708
1371
293,789
117,516
176,273
1372
1373
3 Year Contract Totals
YR 1 - BOTH TEAMS 456,519
YR 2 – BOTH TEAMS 476,546
YR 3_ BOTH TEAMS 497,574
1374
1375

July 11, 2023
Public Works
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Public Works Director
LaShonda White, Deputy City Manager – Community
Services
Ranjana Maharaj, Deputy Director for Community
Services – Recreation
Greg Hardesty, Parks and Landscaping Superintendent
Tetteh Kisseh, Recreation Supervisor
Stephanie Ny, Associate Administrative Analyst
Guadalupe Morales, Assistant Administrative Analyst
SUBJECT: City Park Restroom Accessibility
FINANCIAL IMPACT: There is no financial impact to the General Fund to receive this report. Implementing actions may result in General Fund expenditures.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City staff researched options to keep restrooms at Cityowned parks accessible to the public throughout the week.

RECOMMENDED ACTION: RECEIVE a report on opening restrooms at City-owned parks; AUTHORIZE the City Manager to negotiate and
approve a contract amendment with Enviro Clean
Maintenance, LLC to clean additional park restrooms, for an amount not to exceed $70,000; and AUTHORIZE the
City Manager to negotiate and approve a contract with a security firm to allow for the opening, closing, and
monitoring of park restrooms, for an amount not to
exceed $180,000 – Public Works Department (Daniel
Chavarria 510-620-5478/LaShonda White 510-620-
6828).

AGENDA
REPORT
1376

July 11, 2023
DISCUSSION:

Background
The City of Richmond maintains 14 public restroom facilities at parks and trails.

Unfortunately, due to illicit activities such as drug use, vandalism, and sex work, most restrooms are not regularly open to the public. Only restrooms in the Marina Bay area are regularly open to the public as they experience minimal illicit activities.

Currently, only individuals and organizations that hold a permit for a park may request a key to open the restroom facilities for the duration of the rental. Although most restrooms are locked, they still experience frequent break-ins and break-in attempts which have resulted in permanent closures of some facilities and costs to the General Fund for repair.

The table below lists all restroom facilities and their status:

Restroom Location Status Cleaning
Schedule
6th Street at Richmond
Greenway
Permanently closed – welded shut due
to frequent illicit activities
N/A
Barbara and Jay Vincent
Park
Open 24/7 7 days per week
Booker T. Anderson Park Park reservation and key required 3 days per week John F. Kennedy Park Park reservation and key required N/A Lucas Park Park reservation and key required 1 day per week Lucretia Edwards Park Open 24/7 7 days per week
Marina Bay Park Open 24/7 7 days per week
Martin Luther King Jr. Park Park reservation and key required 7 days per week Nevin Park Permanently closed – locked
permanently due to frequent illicit
activities
N/A
Nicholl Park Park reservation and key required 7 days per week North Richmond Ball Field
(Lucky A’s)
Park reservation and key required 1 day per week
Shimada Friendship Park Open 24/7 7 days per week
Southside Community Park Park reservation and key required N/A Unity Park Park reservation and key required 3 days per week Two new restrooms may be constructed within the next several years at Boorman Park and Shields-Reid Park as a result of major park renovations.

Although a decision was made to limit the use of most restrooms to the public, City staff fully understands that parks are critical to the health and wellbeing of residents and community members, providing a space for exercise, relaxation, and social activities.

Regularly accessible restrooms allow park users to have a convenient experience and 1377

July 11, 2023
encourage longer visits to the parks. Per City Council and community feedback, City staff are exploring ways to provide increased access to park restrooms to improve park user satisfaction.

Research
City staff members reached out to local park agencies to survey their park restroom practices. The table below lists responses received.

City Open Close
Alameda Part-Time Parks Staff Part-Time Parks Staff
Antioch Landscaping Contractor Landscaping Contractor
Berkeley Groundkeepers Groundkeepers
Brentwood Timed Electronic Locks Timed Electronic Locks Dublin Parks Staff Parks Staff
*Half of restrooms have timed
electronic locks
El Cerrito Deposit and key required
*Currently looking into electronic
timed locks
Deposit and key required
*Currently looking into electronic
timed locks
Hayward Parks Staff Rangers Staff
Hercules Public Works Staff Recreation And Parks Staff
Lafayette Left Open Left Open
Oakland Public Works Custodial Staff Recreation And Parks Staff Oakley Timed Electronic Locks Timed Electronic Locks
Orinda Recreation And Parks Staff Custodial Contractor
*Three facilities have timed
electronic locks
Pleasanton Timed Electronic Locks Timed Electronic Locks San Leandro Public Works Staff Public Works Staff
San Pablo Public Works Staff (Weekdays) Public Works Staff (Weekdays) Private Contractor (Weekends) Private Contractor (Weekends) San Ramon Dawn to Dusk – Timed Electronic
Locks
Sports Fields Locked by
Unnamed Persons/Department
Dawn to Dusk – Timed Electronic
Locks
Sports Fields Locked by
Unnamed Persons/Department
Union City Public Works Staff (Weekdays) Contracted Janitorial Service Recreation Staff (Weekends and (Daily)
Holidays)
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July 11, 2023
City staff also reviewed past efforts to keep the restrooms open such as the Park Stewards Program, timed electronic locks, and Adopt-a-Spot for restrooms. The table below lists the results.

Past Effort Feasibility Description
Park Stewards Program Feasible This option includes paid part-time Park Stewards and has been included in the
proposals.

Adopt-a-Spot for
Restrooms
Less
Feasible
Adopters lose interest in the program very
quickly. This may also lead to inconsistent
bathroom hours as it is a volunteer-based
program.

Timed Electronic Locks Not Feasible Timed electronic locks were previously placed on the restrooms at 6th Street at
Richmond Greenway, Booker T. Anderson
Park, John F. Kennedy Park, Lucas Park,
Martin Luther King Jr. Park, Nevin Park,
Nicholl Park, and Southside Community
Park. All locks were continually vandalized.

Due to frequent illicit activities, the restrooms will need to be regularly monitored if kept open. Dawn to dusk coverage is needed for parks by season, as follows:

Seasons Months Hours of
Coverage/Day
Days Total Hours
of Coverage
Fall/Winter November - March 10 183 1830
Spring/Summer March - November 13 182 2366
Proposal Overview
City staff members are presenting three options that will allow City-owned restrooms to be regularly open to visitors. Oversight responsibilities for both proposals will be jointly shared between the Public Works Department, Parks and Landscaping Division, and Community Services Department, Recreation Division.

An overview is provided in the table below, followed by more detailed descriptions for each proposal. Attachment 4 – Cost Estimates for Proposals includes more detailed costs for each proposal.
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Option Description Estimated
Annual Cost
Estimated OneTime Cost or
Additional Cost
Estimated
Total Cost
(One Fiscal Year)
A Park Stewards
Program
$329,129 $50,000 $379,129
B Full-time Utility
Workers
$486,358 $200,000 $686,358
C Security Guards (with
Cleaning Contract)
$180,212 $70,000 $250,212
Option A: Park Stewards Program
The Park Stewards Program will require nine (9) part-time Park Stewards (or other appropriate classification) and one (1) full-time Maintenance Leadworker or Recreation Program Coordinator to provide coverage at the 14 restroom facilities seven (7) days a week. Due to current staffing levels in both divisions, at least one (1) new full-time staff member will need to be hired to provide oversight.

Part-time staff members hired may have responsibilities beyond opening, closing, and monitoring restrooms such as park and restroom maintenance and park rules compliance (Attachment 3 – Park Stewards Job Description). The time required to complete one full round of restroom monitoring may not allow much time for additional work, although it is possible.

Full-time staff members hired will have responsibilities other than oversight of Park Stewards. For example, a Maintenance Leadworker may perform landscaping maintenance (Attachment 4 – Maintenance Leadworker Job Description). A Recreation Program Coordinator may supervise, develop, lead, and support other community service programs (Attachment 5 – Recreation Program Coordinator Job Description).

The program will require the acquisition of one vehicle, uniforms, and cell phones. The vehicle will be a one-time cost, while uniforms and cell phones may be recurring costs.

Attachment 7 – Cost Estimates for Proposals includes more detailed costs for this proposal.

The Park Stewards Program will result in additional oversight responsibilities for current staff. Additionally, it may be challenging to keep part-time Park Steward positions filled due to low compensation and limitations on hours.

Option B: Full-time Utility Workers
With this option, the City would need to hire four (4) full-time Utility Workers. Schedules would be staggered to ensure full coverage at the 14 restroom facilities seven (7) days a week.
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July 11, 2023
Utility Workers hired may have responsibilities other than opening, closing, and monitoring restrooms. Other duties may include cleaning and maintaining City-owned facilities (Attachment 6 – Utility Worker Job Description).

The hiring of the Utility Workers will result in additional oversight responsibilities for current City staff members but will be more manageable than the Park Stewards Program (Option A) due to the smaller amount of supervision required.

Attachment 7 – Cost Estimates for Proposals includes more detailed costs for this proposal.

Option C: Security Guards
A security guard company will be contracted to open, close, and monitor restrooms. No other duties will be performed by the company. The need to acquire additional equipment or vehicles varies by security company.

City staff will have to reach out to the current security vendors to obtain quotes and/or formal bids will need to be solicited to obtain an accurate cost estimate. The hourly rates are based on existing security guard contracts within the City of Richmond.

Attachment 7 – Cost Estimates for Proposals includes more detailed costs for security.

In addition to the cost of security guards, the Public Works department will have to amend the contract with the current vendor that cleans parks restrooms to expand their scope of work. The average cost to clean a park restroom seven (7) days per week for one (1) month is $600 or $7,200 annually. Based on usage, some parks may not require daily cleaning.

Staff Recommendation
City staff members recommend Option C: Security Guards. A security guard company is a more reliable option because Options A and B may result in turnovers and service interruptions, and the City is already challenged with City staff turnover and filling vacancies. Option C is also the least costly proposal and does not require significant upfront costs such as vehicle acquisition. Additionally, Option C requires the least amount of City staff coordination and can be implemented the most efficiently and immediately since it does not require hiring staff members. Both Options A & B would require a meet and confer with the appropriate union. Lastly, Option C eliminates any issues and concerns regarding workers’ compensation.

Next Steps
If Option C is approved, the City Manager will (1) approve contract amendments or a new contract with Allied Security Services or a new security firm to open, close and monitor park restrooms, and (2) amend a contract with Enviro Clean Maintenance, LLC 1381

July 11, 2023
to commence or increase cleaning at park restrooms that are currently closed or only available via reservations. City staff will work to prioritize the opening and cleaning of restrooms at parks based on usage, and will work expeditiously to put the necessary contracts in place to provide this important amenity at our local parks as soon as possible.

DOCUMENTS ATTACHED:

Attachment 1 – Photos of Park Restrooms
Attachment 2 – Survey of West County Agency Restroom Practices Attachment 3 – Park Steward Job Description
Attachment 4 – Maintenance Leadworker Job Description
Attachment 5 – Recreation Program Coordinator Job Description Attachment 6 – Utility Worker Job Description
Attachment 7 – Cost Estimates for Proposals
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City of Richmond Restroom Photos
Restroom
Location
Photo(s)
6th Street at
Richmond
Greenway
Barbara and Jay
Vincent Park
Booker T.

Anderson Park
John F. Kennedy
Park
Lucas Park
1383
Lucretia
Edwards Park
Marina Bay Park
Martin Luther
King Jr. Park
Nevin Park
Nicholl Park
1384
North Richmond
Ball Field (Lucky
A’s)
Shimada
Friendship Park
Southside
Community Park
Unity Park
1385
1 PARK RESTROOM ACCESS FOR WEST COUNTY RECREATION AND PARK AGENCIES City Open Close Comments
Alameda PT Parks Staff PT Parks Staff
Antioch Landscaping contractor Landscaping contractor When a park has escalated issues of vandalism, they are closed temporarily for a few days-weeks until those engaging in the behavior move on.

Berkeley Groundkeepers Groundkeepers We have a crew of 11 -19 hr week groundskeepers that work in 4 or 5 hour shifts from approximately 5:30- 9:30am and 3:00-7:30pm (the shifts vary depending on the time of year). The morning crew opens and cleans all restrooms and then picks up garbage in the parks with restrooms. The evening crew cleans all restrooms first picks up garbage until dark and then locks restrooms.

Brentwood Timed electronic locks They are serviced daily by contract services and as needed by parks maintenance staff. We have just added two new restrooms to parks that did not have them previously at the request of residents.

Dublin Parks Staff Parks Staff
*Half of restrooms have timed
electronic locks
Timed locks control half our restrooms, and the rest are manually opened/closed by Parks staff. They’re supposed to all be cleaned daily M-F (sometimes this does happen based on other priorities), and then only on weekends if one of our park monitors gets a call
El Cerrito All restrooms locked with
deposits taken for keys to
unlock as needed.

User groups are required to
have keys for visiting teams to
have access.
*Currently looking into
electronic timed locks
We have our eye on installing the timers but currently all restrooms are locked, and we take “deposits” for restroom keys for individuals to unlock them as needed. People can either keep the keys forever or bring them back for a refund. We require user groups to have keys on hand so that visiting players have access as well.

Hayward Park Staff Rangers Staff Our Grounds (Park Maintenance) staff open the restrooms. Our full time janitorial clean them. Our Rangers close them at night. If there is serious vandalism, we may keep it closed for a period of time. If we do keep them closed we will notice the public.
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2 Hercules Public Works Staff Rec & Parks Staff Public Works opens them in the mornings, and Parks and Recreation Facilities staff closes them at night.

Lafayette Left open Our Community Park is in a remote location so it is left open. Park Maintenance Staff inspects and restocks on weekdays. The dispensers are sized to support a full weekend’s needs.

The Community Center restrooms are opened by the first instructor on site and locked by the last. Maintenance Staff inspects and stocks periodically through the week and night time contract janitorial services them 4 times a week.

Oakland Public Works Custodial Staff Rec & Parks Staff PW custodial opens park restrooms and park gates; Parks & Rec staff closes. 7-days / week. Would love to hear solutions or staff protocol for when a person takes up residence in a restroom and refuses to unlock door/leave restroom preventing closing crew from securing.

To solve a similar issue, that of unoccupied cars left in parking lot after closure time we installed tire spike strips at larger park entrances that allow us to close one side of a swing gate preventing access, while allowing vehicle is in the parking lot to exit.

Orinda Rec & Parks Staff Custodial Contractor
*Three facilities have timed
electronic locks
We have a couple scenarios. In some parks, Parks & Rec staff open the restrooms in the mornings, and our custodial contractor closes them at night after cleaning. We also have a park at which timed electronic locks are used for the 3 restroom facilities.

Oakley Automated locks Our restrooms are all accessible during the day 7 days per week from sunrise until sunset. We upgraded our manual locks a long time ago but have also gone through issues with a few of the automatic locking systems. We have since upgraded to Schlege’s automatic locks w/Allegion Technology/Engage remote access/cloud based software. The locks can be maintained/programed using a smartphone with Bluetooth and/or wifi. 1387
3 Pleasanton Timed electronic locks Pleasanton changed out every bathroom lock to a programable timed locked. It electronically locks and unlocks at certain hours and staff have pass codes to override them if needed. It was an expense that was spread out over a few years to change the regular key locks out but has saved a great deal of money in staff time, as they used to manually unlock/lock every bathroom.

Some of the locks have broken and need to be replaced but there is still a significant cost savings. If we encounter someone refusing to leave we contact our PD as well.

San Leandro Public Works Staff Public Works Staff San Leandro park restrooms are open every day, dawn to dusk unless otherwise signed. Public Works staff opens the restrooms, cleans, restocks, and locks all the park restrooms each evening. If there is someone taking up residence in the restrooms, PW staff calls PD.

San Pablo Public Works Staff (Weekdays)
Private Contractor (Weekends)
Public Works Staff (Weekdays)
Private Contractor (Weekends)
In San Pablo, our weekdays and weekends are handled differently.

Weekdays: Our PW department opens early am and closes late afternoon (4pm)
Weekends: Private contractor opens in the early am and closes evenings, hours extend a little later on weekends during the summer months.

San Ramon Dawn to Dusk Park on timed
electronic locks
Sports Fields locked by
unnamed persons/dept
Parks with lighted facilities such as sports fields or tennis courts lock at 10pm.

All other parks are dawn/dusk. They are all on timers and maintained by Janitorial Contract.

Union City Public Works Staff (Weekdays)
Recreation Staff (Weekends
and Holidays)
Contracted janitorial service
(Daily)
Union City park restrooms are open every day, dawn to dusk unless otherwise signed. Public Works opens the restrooms Monday – Friday mornings; Recreation staff are responsible for opening on weekends and holidays; and a contractual janitorial service is supposed to clean, restock, and lock all the park restrooms each evening. If there is someone taking up residence in the restrooms, the contractor is supposed to call the police. We do not have anyone who maintains the restrooms throughout the day unless we are informed of an immediate health or safety situation. 1388
CITY OF RICHMOND, CA CLASS CODE: SM-895
ESTABLISHED: 01/24/08
GROUP: Local 1021
FLSA: Non-Exempt
PARK STEWARD (Part-Time)

DEFINITION
Under general supervision, ensures compliance with City regulations governing the use of parks and facilities; provides information to the general public; maintains a clean, safe and positive environment at the City’s parks, playgrounds, trails, and greenways; performs routine park maintenance; patrols park facilities; greets visitors and answers questions; and performs related work as required.

CLASS CHARACTERISTICS

This part-time position is assigned to the City’s parks, playgrounds, trails, and greenways and performs duties that ensure that parks present a clean and safe environment. Incumbents typically monitor and patrol park property and report problems to the appropriate authorities; perform routine maintenance; and provide customer service to park visitors. Park Stewards may be assigned to work in any of the City’s park facilities on a continuous or rotating basis.

EXAMPLES OF DUTIES (Illustrative Only)

1. Monitors parks, playgrounds, trails, and greenways; reports problems and suspicious or inappropriate activities to proper authorities.

2. Performs routine maintenance work; removes trash and debris; cleans and stocks restrooms; empties trash receptacles.

3. Surveys parks, playgrounds, trails and greenways for vandalism, graffiti, and damages to land, property and equipment; reports damages to proper authorities.

4. Greets park visitors, answers questions, and provides information and directions.

5. Ensures compliance with park rules, regulations, and ordinances.

6. Provides assistance at special functions and events.

7. Assists in promoting park events to visitors and the public. 1389

CITY OF RICHMOND, CA

PARK STEWARD

8. Opens and closes bathrooms and other park facilities.

9. Completes incident reports, and performs related record keeping duties.

10. Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Thorough knowledge of:

First Aid and CPR;
Proper and safe use of power tools;
Blueprint reading;
Safe work practices; and
Construction math and language.

Ability to:

Provide good customer service to the public;
Deal tactfully with groups and individuals from diverse backgrounds; Operate automotive and other mechanical equipment used in park operation and maintenance;
Communicate effectively, both orally and in writing;
Communicate using 2-way radios, cell phones, or other communication devices; Communicate park policies, procedures, and regulations; Work nights, weekends, and holidays;
Follow written and oral instructions;
Work outdoors in various weather conditions;
Work independently with minimal supervision; and
1390

CITY OF RICHMOND, CA

PARK STEWARD

Perform some tasks requiring physical exertion, such as lifting, carrying and riding a bicycle.

EDUCATION AND EXPERIENCE
Successful completion of a nine (9) week training program conducted by the City of Richmond’s Employment and Training Department. Bi-lingual skills are desirable.

LICENSES AND CERTIFICATES
A valid California Driver’s license and a satisfactory driving record is a condition of initial and continued employment in this classification.

PHYSICAL REQUIREMENTS
Must be able to work in an outdoor setting and have a range of hearing and vision necessary to perform the essential functions of the job. Incumbents will be subject to a variety of weather conditions, noise, and odors associated with job responsibilities.

Must have a range of motion to permit walking, cycling, stooping, crouching, and standing for extended periods of time; and the strength and stamina to lift 30 pounds while working on uneven surfaces.
1391
CITY OF RICHMOND, CA Class Code: SM-840
Reviewed/Updated: 11/30/2017
Established: 10/26/77
Revision: 1/28/93
Bargaining Unit: SEIU Local 1021
FLSA: Non-exempt

MAINTENANCE LEADWORKER

DEFINITION
Under general supervision, works with and directs a work crew of equipment operators, unskilled casual help and maintenance workers doing construction and/or maintenance on streets, sewers, parks, right of way landscaping and other public works facilities; may operate heavy equipment; may perform heavy manual laboring tasks; and does other related work as required.

CLASS CHARACTERISTICS
Positions in this class perform the functions of guiding, checking, correcting and reporting on the work of a crew while working with them. Incumbents are expected to handle minor operational problems. The Leadworker may be expected to spend some part of their time in the operation of heavy equipment, working in confined spaces and heavy manual laboring tasks requiring the strength and the stamina to work standing up for long periods of time and to lift heavy objects such as manhole covers and bags of concrete. This class differs form the next supervisor level in that the Leadworker lacks disciplinary authority and other full supervisory powers and responsibilities.

EXAMPLES OF DUTIES

1. Leads the work of a crew operating construction equipment and performing a variety of maintenance and construction work of streets, sewers, storm drains, street signs, parks, trees, right of way landscaping and other public works facilities.

2. Lead work crews of volunteers, court assignees and City staff performing specialized maintenance work such as traffic striping, landscaping maintenance, asphalt concrete placement, storm and sanitary sewers installations, sewer televising and cleaning, and adjustment and minor maintenance of equipment.

3. Assigns crewmembers specific tasks; directs and trains crewmembers in their performance of their duties.

4. Operates with at least elementary skill and within safe tolerance, large heavy construction equipment such as loaders and truck mounted equipment and equipment requires in cleaning and repairing sewers; lays 1392

CITY OF RICHMOND

MAINTENANCE LEADWORKER
PAGE 2
sewer pipes; reads and interprets grade stakes, sewer amps and plans; cleans, flushes and opens stopped sewers; performs tests on sewers.

5. Installs new and replacement drainage and sanitary lines; cuts, threads an joins pipes; shapes side walls and bottom of tunnels or open trenches to conform to specific dimensions and grades; repairs and installs manholes including removing and replacing manhole covers as necessary.

6. Measures work accomplished, reports material usage, assists supervisor in operating daily records and other reports.

7. Responds to service complaints and inquiries from the public; and issues notices of sewer violation to property owner.

8. Cleans and disinfects residences as a result of sewer stoppages.

9. Reads sewer maps, grade stakes and construction drawings to determine the location of sewer line sand manholes.

10.Performs equipment maintenance on assigned vehicles.

11.May be requested to work evenings and weekends.

MINIMUM QUALIFICATIONS
General knowledge: of work practices of public works crews including use of hand, power and pneumatic tools, materials and supplies used in the maintenance, repair and construction of public works facilities; the operations and capabilities of tracked wheel loader, grader, backhoe, gang mowers, trucks and light construction equipment; basic construction, storm drain construction, excavating and backfilling; lubricating and other preventive service duties required to maintain equipment; work practices relating to the use of hand and power tools; safe practices required to maintain equipment; appropriate traffic safety regulations; common tools and materials used in sewer construction and repair tasks; and sewer maintenance and repair equipment.

Ability to: work underground in confined places with exposure to unpleasant and potentially hazardous conditions; guide, check, correct and report work of crews constructing and maintaining public works facilities; understand plans and drawings; follow written and oral instruction; prepare written records relating to materiel usage and work project reports; explain work requirements and the mechanics of specific tasks clearly and accurately; oversee the work and provide direction to crew members by demonstrating correct work methods; perform heavy manual laboring tasks requiring the strength and stamina to work standing up for long periods of time and to lift heavy objects such as manhole covers and 1393

CITY OF RICHMOND

MAINTENANCE LEADWORKER
PAGE 3
bags of concrete; apply work guidelines and rules to the normal day-to-day operations; and trains others in the use of equipment and safe work practices.

EDUCATION/EXPERIENCE
Three (3) years of public works maintenance and construction experience, including some experience operating heavy construction equipment, which would demonstrate possession of the knowledges and abilities listed.

LICENSE/CERTIFICATION
Depending upon assignment, possession of a valid Class “A” or Class “B” California Driver License is required at date of appointment. 1394
1395
1396
1397
CITY OF RICHMOND, CA Class Code: SM-808 (I), SM-809 (II) Reviewed/Updated: 6/10/2021
Established: 06/28/01
Revision: 04/24/08
Bargaining Unit: SEIU Local 1021
FLSA: Non-exempt
Formerly: Custodian

UTILITY WORKER I/II

DEFINITION
Under supervision, performs cleaning, maintenance and general housekeeping duties in City-owned or maintained buildings; will be required to maintain sites in an orderly, sanitary, insect and rodent free area and does related work as required.

CLASS CHARACTERISTICS
Incumbents in this class are assigned a variety of cleaning, maintenance and general housekeeping tasks of a specific or limited nature in City-owned or maintained buildings. Will work alone or with others in performing their assigned tasks. Flexibly staffed classification with the I level performing limited work assignments requiring less technical skills while under direct supervision, the II is the journey level and will perform the full range of job duties with minimal supervision.

EXAMPLES OF DUTIES

1. Sweeping, mopping, waxing/polishing, and buffing floors.

2. Dust and polish furniture, walls, woodwork, cabinets, and ledges.

3. Make adjustments to door closers and locks.

4. Replace depleted lights of varying types.

5. Empties and cleans waste receptacles.

6. Washes windows, frames, walls and toilet fixtures.

7. Maintains energy and security integrity of rooms unoccupied.

8. Assists in moving and arranging furniture.

9. Perform maintenance on vacuum cleaners and buffers.

10. Assemble furniture and make minor repairs to same.

11. Change clocks, supply new batteries, adjust as necessary.

12. Cleans and repairs blinds of all sorts.
1398

CITY OF RICHMOND, CA

UTILITY WORKER I/II
PAGE 2

13. Maintains immediate exterior of buildings.

14. Checks plumbing fixtures for leaks and other defects, opens and cleans.

15. Clogged drains, pipes and traps, drains hot water heaters.

16. Applies paints and other surface preservatives to the interior of buildings, prepares surfaces for painting.

17. Performs minor rodent and insect control.

18. Assists skilled crafts as directed.

19. Maintains an acceptable standard of maintenance in all areas assigned; performs all assigned duties not necessarily covered in the above listing in a manner acceptable to the good health and safety of himself or herself and other employees.

MINIMUM QUALIFICATIONS

UTILITY WORKER I
Thorough Knowledge of: methods, materials, and equipment utilized in the cleaning, maintenance and general housekeeping operations in City-owned or maintained buildings or areas.

Ability to: maintain an effective work schedule program in assigned buildings or areas; understand and follow oral and written directions; work alone or with others in and effective manner; operate and utilize hand tools.

EDUCATION/EXPERIENCE
Equivalent to graduation from high school and one (1) year of related experience which demonstrates possession of the knowledge and abilities necessary to perform the assigned job duties.

LICENSE REQUIRED
Possession of a valid California Driver License is an on-going requirement of this position.

UTILITY WORKER II
Thorough Knowledge of: methods, materials, and equipment utilized in the cleaning, maintenance and general housekeeping operations in City-owned or maintained buildings or areas.
1399

CITY OF RICHMOND, CA

UTILITY WORKER I/II
PAGE 3
Ability to: maintain an effective work schedule program in assigned buildings or areas; understand and follow oral and written directions, work alone or with others in and effective manner; perform mechanical tasks including the operation of a forklift, perform occasional lead responsibility in the absence of the Utility Lead worker.

EDUCATION/EXPERIENCE
Equivalent to graduation from high school and two (2) years of related experience, which demonstrates possession of the knowledge and abilities necessary to perform the assigned job duties.

LICENSES/CERTIFICATIONS
Possession of a valid California Driver License is an on-going requirement. 1400
Option A: Park Stewards Program Cost Estimate
Annual Costs

ITEMS QTY HOURLY HOURS/ANNUAL ANNUAL COST/PER TOTAL
Park Stewards Part-time 9 $ 19.80 999 $ 19,780.20 $ 178,021.80 Cell phones/service 3 $ 1,100.00 $ 3,300.00
Required Equipment/Uniforms 9 $ 1,000.00 $ 9,000.00
Maintenance Leadworker or
Recreation Program Coordinator* 1 138,807.00 $ 138,807.00 $ TOTAL ANNUAL COST $ 329,128.80
*Includes benefits. Classification to be determined.

One-time Costs

ITEMS QTY HOURLY HOURS/ANNUAL ONE-TIME COST TOTAL
Transportation - 1 vehicle 1 $ 50,000.00 $ 50,000.00
TOTAL ONE-TIME COST $ 50,000.00
Option B: Utility Workers Cost Estimate
Annual Costs

ITEMS QTY HOURLY HOURS/ANNUAL ANNUAL COST/PER TOTAL
Utility Worker II* 4 $ 121,589.40 $ 486,357.60
TOTAL ANNUAL COST $ 486,357.60
*Includes benefits.

One-time Costs

ITEMS QTY HOURLY HOURS/ANNUAL ONE-TIME COST TOTAL
Transportation - 1 vehicle 4 $ 50,000.00 $ 200,000.00
TOTAL ONE-TIME COST $ 200,000.00
Option C: Security Guards Cost Estimate

ITEMS QTY HOURLY HOURS/ANNUAL ANNUAL COST/PER TOTAL
Security 1 $ 34.30 2080 $ 71,344.00 $ 71,344.00
Security - Overtime* 1 $ 51.45 2116 $ 108,868.20 $ 108,868.20 TOTAL ANNUAL COST $ 180,212.20
*Overtime hours calculated based on 40 hour work week.

Hourly rates determined based on existing security guard company contracts.

Restroom Programs Budget Estimate FY23/24
1401

July 11, 2023
Public Works
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, Director of Public Works
Greg Hardesty, Parks & Landscaping Superintendent
Subject: Proposed Contracts with Julian Tree Care and Best Quality Tree Service
FINANCIAL IMPACT: The proposed total of $82,000 for these contracts is included in the Emergency Recovery 2023 Winter Storm
budget (13423131-400201-STR23).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Department of Public Works, Parks Maintenance
Division is seeking approval of contracts with Julian Tree Care and Best Quality Tree Service for storm-related tree removals.

RECOMMENDED ACTION: APPROVE contracts with Julian Tree Care in an amount not to exceed $42,000, and Best Quality Tree Service in an amount not to exceed $40,000, with a term from July
11, 2023 through December 31, 2023, to provide tree
removal services – Public Works Department (Daniel
Chavarria 510-620-5478/ Greg Hardesty 510-620-6920).

AGENDA
REPORT
1402

July 11, 2023
DISCUSSION:

Nicholl Park:

The Southern border of Nicholl Park abuts the Right-of-Way (ROW) for the Bay Area Rapid Transit (BART) rail system. Prior to the BART rail line installation, an older rail ROW was in use. Historically, Eucalyptus trees were planted along this edge of the property separating and distinguishing the ROW from the park. It is estimated that these Eucalyptus trees are about 80 years old with many of them now taller than 100 feet. The trees sit about eight to ten feet from the BART ROW fence. Older, large Eucalyptus trees are known to suddenly release branches especially after a period of very warm days followed by cooler windy weather. In March of this year, we experienced three weeks of extreme storms which affected these trees with several large branches falling.

The BART rail system has been affected by these trees multiple times. BART must remove fallen limbs and leaves from the tracks often. Two times this year, a branch has fallen causing damage to their power chase and crossing the rail itself. This interrupted rail service each time for more than two hours. The proposal to eliminate 16 of the most dangerous trees and reduce the size of the remaining trees is in the best interest of public safety.
318 Arizona Avenue:

Two massive Eucalyptus trees are located on a hillside which would have been Arizona Avenue, if the street had been constructed. Complicating the situation is the electrical service for the resident at 407 Nevada Avenue which uses the ROW of the street to supply the resident with electricity and phone service. These utility lines pass through both trees and have been disconnected when storms or natural shedding of limbs occurs. Electrical service to the resident was cut off for two days due to the activity of the trees. In addition to the utility interruptions, both trees have the potential to cause damage to the residences at 318 Arizona and 407 Nevada Avenues. City staff believes that these trees were not deliberately planted and that they have been on site for at least 80 years. We have spoken to both parties concerning the fate of these two nonnative trees to determine the best course of action. All parties agree that removal would be in the best interest of safety.

On April 20, 2023, a Request for Proposals was placed on BidsOnline for the removal/trimming of 32 Eucalyptus trees at Nicholl Park and two immense Eucalyptus trees at 318 Arizona. Five (5) bid proposals were received on May 16, 2023. The proposals were as follows:
1403

July 11, 2023
Name of Bidder (City) Nicholl Park 318 Arizona
Best Quality Tree Service, San Pablo $40,000.00 $200,000.00 Hamilton Tree Service, Inc., Martinez $59,000.00 N/A
Integrity Arborist and Ecoscape, Inc., Riverside $59,452.38 $96,589.21 Julian Tree Care, Richmond $40,500.00 $42,000.00
Kingsborough Atlas Tree Surgery, Inc., Santa
Rosa
$97,111.35 $164,502.30
City staff recommends approval of contracts with Best Quality Tree Service and Julian Tree Care, the lowest responsive responsible bidders, in the amount of $40,000 and $42,000, respectively.

DOCUMENTS ATTACHED:

Attachment 1 – Julian Tree Care Contract
Attachment 2 – Best Quality Tree Service Contract
Attachment 3 – Bid Canvass
Attachment 4 – BidsOnline Report
Attachment 5 – Julian Tree Care - Bid Results
Attachment 6 – Best Quality Tree Service – Bid Results
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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)

Printed 06/21/2023
PlanetBids, Inc.
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City of Richmond
Various Tree Removals and Trimming (PW-Parks-042023), bidding on 05/16/2023 10:00 AM (PDT)