Agenda — Richmond City Council, July 11, 2023 (part 1 of 17)

PLEASE NOTE: HYBRID MEETING FORMAT

AGENDA(s)
-REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, July 11, 2023, 3:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
Doria Robinson, Councilmember District 3 will be joining the meeting(s) via Zoom from the following location:

Detroit Foundation Hotel, 250 W. Larned Street, Detroit, Michigan 48226.

NOTICE: SEATING IN THE CHAMBERS WILL BE LIMITED TO THE FIRST 39 PEOPLE AND MASKS ARE STRONGLY ENCOURAGED.

Link to City Council Agendas/Packets
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HOW TO WATCH THE MEETING FROM HOME:

1. KCRT – Comcast Channel 28 or AT&T Uverse Channel 99

2. Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live HOW TO SUBMIT PUBLIC COMMENTS:

In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

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https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. ** **The mayor will announce the agenda item number and open public comment when appropriate. 2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

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Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-andforth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting).

Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.

The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary 3 aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
• Title: City Manager
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
• Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit
IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. 3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Three Cases
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Two Cases
C.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Richmond Shoreline Alliance v. City of Richmond
• Winehaven v. City of Richmond
• Guidiville Rancheria of California, et al. v. United States of America, et al. • North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
• Californians for Homeownership, Inc. v. City of Richmond D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
5 E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) L.1 NEW EMPLOYEE REPORT - 1st Tuesday
M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
O.1 City Council
O.1.a Underpass or Overpass at Parchester Village and Point Richmond at Canal Blvd.
18 DIRECT staff to analyze the feasibility, cost, and timeline of building the two under or overpasses near Parchester Village and Point Richmond at Canal Blvd and return to the City Council with a report - Councilmember Cesar Zepeda (510-620-6593).

O.1.b Authorize Vice Mayor McLaughlin to cast a vote for the Public Bank East Bay (PBEB) CEO to be paid for by the Friends of PBEB 20 AUTHORIZE Vice Mayor Gayle McLaughlin to cast a vote as part of the Public Bank East Bay Board Candidates on the selection of a CEO to help further guide the Public Bank East Bay through the business plan and charter application process; The position will initially be as a part-time contracted position for 1-3 years paid for the Friends of the Public Bank East Bay - Vice Mayor Gayle McLaughlin (510-620-6636).
7 O.1.c Transition to a Fleet of Electric Vehicles and Equipment 28 O.1.d Support Local, State, And Federal Efforts To Exonerate The Port Chicago 50
30 ADOPT a resolution in support all efforts to exonerate the Port Chicago 50 and recognize their service to our country - Councilmember Cesar Zepeda (510-620-6593) and Mayor Eduardo Martinez (510-620-6503).

O.2 Community Development
O.2.a Authorization of City’s Prohousing Designation Application 35 ADOPT a resolution authorizing City staff to submit an application to participate in California’s Prohousing Designation Program – Community Development Department (Lina Velasco 510-620-6841).

O.2.b Measure J Growth Management Program (GMP) Compliance Checklist for Calendar Years 2020 & 2021
50 ADOPT a resolution authorizing submittal of the City of Richmond’s Measure J Growth Management Program (GMP) Compliance
Checklist for Calendar Years 2020 and 2021 to the Contra Costa Transportation Authority (CCTA) – Community Development Department (Lina Velasco 510-620-6841).

O.2.c Second Contract Amendment with Chain Link Fence and Supply, Inc. for Proposed Fence Repairs and Swing Gate Installation
67 APPROVE a second amendment to the contract with Chain Link Fence and Supply, Inc. to increase contract amount by $12,000, for a new total contract amount of $105,538, to be paid using grant funds received for the Castro Encampment Resolution Project, for swing gate installation and fence repairs at the Castro Encampment, with a term extending through December 31, 2023 – Community
Development Department (Lina Velasco/Jesus M. Morales 510-620- 6706).

O.2.d City of Richmond Responses to Grand Jury Report No. 2306, Affordable Housing
136
APPROVE the city manager’s response to the 2022-2023 Contra Costa Civil Grand Jury Report No. 2306 entitled “Affordable Housing:

A Plan Without a Home” and submittal of the response to the Grand Jury – City Manager’s Office (Shasa Curl/Lina Velasco 510-620- 6841).
8 O.2.e Contract Amendment No. 1 with RCF Connects for Housing First and Emergency Housing Assistance Programs
188
APPROVE a contract amendment No. 1 with RCF Connects to add $625,084.80 in additional funding for the Richmond Housing First and Emergency Housing Assistance Programs, for a new total contract amount not to exceed $1,150,084.80, for a term extending through June 30, 2025 – Community Development Department (Lina
Velasco/Jesus Morales 510-620-6706).

O.3 Economic Development
O.3.a Authorization to Apply for the Strategic Growth Council’s Community Resilience Center Grant
232
ADOPT a resolution authorizing the City to apply for and accept, if awarded, Strategic Growth Council’s Community Resilience Center Grant; APPROVE the City’s grant application partnership with RCF Connects, Richmond Housing Authority, other Nystrom United Revitalization Effort (NURVE) partners, and possibly other partners; and AUTHORIZE the city manager to execute all related documents for submission of the application – City Manager’s Office/Economic Development Department/Community Services Department
(Nannette Beacham/LaShonda White/Samantha Carr 510-620-5407).

O.3.b Approval and Authorization to Apply for the U.S. Department of Energy Building Technologies Office (BTO) Buildings Up Grant 316
DIRECT staff to apply for the U.S. Department of Energy Building Technologies Office (BTO) Buildings Up Grant; APPROVE the City’s grant application partnership with MCE, ZNEA, and possibly other partners; and AUTHORIZE the city manager to execute all related documents for submission of the application and grant acceptance – Economic Development Department (Nannette Beacham/Samantha Carr 510-620-5407).
9 O.3.c R3 Contract Amendment and Solid Waste Franchise Request for Proposals (RFP) partnership with the City of San Pablo. 318
AUTHORIZE the city manager to negotiate and execute a
Memorandum of Understanding (MOU) between the City of
Richmond and the City of San Pablo to develop a joint Request for Proposals (RFP) for a new Solid Waste Collection Agreement with the costs of developing the proposal divided equally between the two cities; and APPROVE a first amendment to the contract with R3 Consulting increasing the payment limit in an amount not to exceed $131,450, for a total contract amount not to exceed $268,185, expanding the scope of services to facilitate the joint Request for Proposals, and extending the term of the contract to June 30, 2024; and DIRECT the city attorney to explore mechanisms associated with addressing impacts of hosting the solid waste facilities - Economic Development Department (Shasa Curl/Nannette Beacham/Samantha Carr 510-620-5407).

O.3.d Contract with CSW/Stuber-Stroeh Engineering Group, Inc. 431 APPROVE a sole-source contract with CSW|ST2 in the amount of $93,000, for engineering services at the Port of Richmond, for a term beginning July 12, 2023, through June 30, 2024 with an option to extend for one additional year, in an amount not-to-exceed $96,0000 for the extension period – Economic Development Department (Nannette Beacham 510-621-1306/Lilia Corral 510-620-6787).

O.4 Finance Department
O.4.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of May 2023
465
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of May 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

O.4.b Contract Amendment with Badawi and Associates for Audit Services 480 APPROVE an amendment to the contract with Badawi and
Associates to continue providing annual audit services to the City and its related entities for Fiscal Years 2022-2023 and 2023-2024, for an amount not to exceed $309,775 per fiscal year – Finance Department (Mubeen Qader/Jerry Chak 510-620-6569).

O.5 Human Resources
O.5.a Emergency Services Data Analysis Report by Matrix Consultants 543 RECEIVE a report from Matrix Consulting Group regarding their emergency services data analysis – City Manager’s Office/Human Resources Department (Shasa Curl/Nickie Mastay/Sharrone Taylor 510-620-6803).
10 O.5.b Resolution Amending Staffing (Position Control) for Community Development and Public Works Departments
749
ADOPT a resolution amending staffing (position control) – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620- 6602).

O.5.c Cooperative Personnel Services (CPS) Second Contract Amendment 754 APPROVE a second amendment to the Cooperative Personnel Services HR Consulting (CPS) contract to amend the scope of services for the Fiscal Year 2023-24 Fire Promotional recruitments and training, and increase the payment limit by $200,000, for a new total contract amount not to exceed $439,080 – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

O.5.d Proposed Resolution Approving a Side Letter Agreement to the Memorandum of Understanding between the City of Richmond and the Richmond Police Officers Association (RPOA) dated July 1, 2022 – June 30, 2025
889
ADOPT a resolution approving a side letter agreement to the Memorandum of Understanding between the City of Richmond and the Richmond Police Officers’ Association dated July 1, 2022 – June 30, 2025 – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/Alan M. Cohen 510-620-6602).

O.6 Information Technology
O.6.a Contract with David Carroll and Associates for IT/KCRT Audio-Video Update of the City Council Chambers
897
APPROVE the purchase and installation of communications equipment and the provision of services from David Carroll and Associates for the period of time commencing July 12, 2023, through June 30, 2024, in an amount not to exceed $450,000 - Information Technology Department (Sue Hartman 510-620-6874).

O.7 Library and Community Services
O.7.a Contract with WestEd to Support Evaluation Needs for the Richmond Fund for Children and Youth
1057
APPROVE a contract with WestEd for third-party independent evaluations services required by the Charter Article 15(d) for the Richmond Fund for Children and Youth in an amount not to exceed $600,000, with a term commencing on July 11, 2023, and terminating on June 30, 2025 – Department of Children and Youth (LaShonda White 510-620-6828/Patrick Seals 510-307-8016).
11 O.7.b Resolution to Accept and Appropriate $729,000 in Grant Funds Awarded by the Construction Trades Workforce Initiative for Fiscal Year 2023-2024
1234
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 (Tamara Walker 510-307-8006/Fred Lucero 510-621-1562).

O.7.c Reappropriate allocated ARPA Funding to complete the Booker T.

Anderson Community Center heating, ventilation, and air conditioning (HVAC) rebuild
1239
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).

O.7.d Contract with CivicWell to Provide Two Transportation Sustainability Specialists
1242
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).

O.8 Mayor's Office
O.8.a Appointment to the Design Review Board 1263
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).

O.8.b Request for Proposal for Offshore Wind Study for the Port of Richmond
1265
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).

O.9 Police Department
12 O.9.a Proposed sole-source contract with InTime Services Inc. to provide software for time and attendance tracking, asset inventory tracking, and court subpoena tracking
1267
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).

O.9.b Contra Costa County Health, Housing, and Human Services Contract for Coordinated Outreach Referral and Engagement (CORE) Homeless Outreach Services
1326
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).

O.10 Public Works
O.10.a City Park Restroom Accessibility 1376
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).

O.10.b Proposed Contracts with Julian Tree Care and Best Quality Tree Service
1402
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).
13 O.10.c Terminal 4 Wharf Removal Grant and Construction Contract Amendment
1497
AUTHORIZE the city manager or designee to execute the necessary agreements with the State Coastal Conservancy to accept the additional $2,300,000 in grants funds; APPROPRIATE the grant funds, once awarded and funding agreement is executed;
AUTHORIZE the execution of an amendment to the construction agreement with Silverado Contractor’s, Inc. to add the Alternative “B” scope from the Bid in the amount of $2,067,900, for a new construction agreement total of $7,365,826; and AUTHORIZE the director of public works to approve change orders, if necessary, for up to a new total construction contingency amount of $736,582 – Public Works Department/Economic Development Department (Daniel Chavarria 510-620-5478/Nannette Beachman 510-621-1306).

O.10.d Proposed Contracts for On-Call Tree Trimming, Pruning and Tree Removal Services on an As-Needed Basis
1611
ADOPT a resolution awarding on-call contracts for tree trimming, pruning, and tree removal services on an as-needed basis with three vendors (Julian Tree Care, The Professional Tree Care Co., and Sierra Tree Company), in an amount not to exceed $500,000 per vendor, for three-year terms beginning July 11, 2023, through June 30, 2026, with two optional one-year extensions, in an amount not to exceed $300,000 per vendor for the additional two-year period – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

O.10.e List of Projects for Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account Funding Under Senate Bill 1
1844
ADOPT a resolution approving the project list for Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2023-24 – Public Works Department (Daniel Chavarria 510-620- 5478/ Robert Armijo 510-620-5477).

O.10.f Sole-Source Contract with Larry Walker and Associates to Assist with National Pollutant Discharge Elimination System (NPDES) Permit Compliance and Environmental Support Services
1850
APPROVE a three-year sole-source contract with Larry Walker and Associates in an amount not to exceed $450,000 to assist with the City’s National Pollutant Discharge Elimination System (NPDES) compliance schedule and provide support services to the Environmental Compliance Program, for a term from July 1, 2023 through June 30, 2023, with two additional one-year options to renew, for a total amount not to exceed $300,000 over the two-year additional extension period – Public Works Department (Daniel Chavarria 510-620-5478/ Mary Phelps 510-621-1269).
14 O.10.g As-Needed Architectural Design Services for Various City of Richmond Projects
1903
ADOPT a resolution authorizing service contracts with five architectural design firms for as-needed architectural services in an amount not to exceed $500,000 per firm, over a three-year period from July 1, 2023 through June 30, 2026, with two one-year extension options, for a total amount not to exceed $300,000 per firm for the extension period - Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620-5477).

O.10.h Contract with UST Services, Inc. for Construction of the Flood Risk Reduction in the Rheem Creek Watershed Project
1912
ADOPT a resolution authorizing the execution of a construction contract in accordance with the approved plans and specifications with UST Services, Inc., for the Flood Risk Reduction in the Rheem Creek Watershed Project, in an amount not to exceed $1,233,190; and AUTHORIZE the director of public works to approve changes orders, if necessary, for up to the total 10 percent contingency amount of $123,319 - Public Works Department (Daniel Chavarria 510-620-5478/ Wendy Wellbrock 510- 307-8108).

O.10.i As-Needed Engineering Design Services for Various City of Richmond Projects
2219
ADOPT a resolution authorizing service contracts with eight engineering design firms for as-needed engineering services in an amount not to exceed $3,000,000 per firm, over a three-year period from July 1, 2023, through June 30, 2026, with two one-year extension options, for a total amount not to exceed $2,000,000 per firm for the extension period – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620-5477).

P. BUDGET SESSION
P.1 State Audit Corrective Action Plan, Pension Funding Options, NHA Advisors 2227 RECEIVE a presentation from NHA Advisors on a comparative analysis between two pension funding options, 115 Trust Account and Additional Discretionary Payment (ADP) to CalPERS – Finance Department (Mubeen Qader 510-412-2077).

Q. PUBLIC HEARINGS
Q.1 Public Hearing for the Collection of the Sanitary and Storm Fees for Fiscal Year 2023-24
2229
HOLD a public hearing; and ADOPT a resolution approving a report of sewer service charges for Fiscal Year (FY) 2023-24 allowing for the sanitary and stormwater fees to be collected on the annual FY 2023-24 tax rolls – Public Works Department (Daniel Chavarria 510-620-5478/ Mary Phelps 510-612- 1269).
15 Q.2 Public Hearing To Consider the Levy of Annual Assessments for the Hilltop Landscape Maintenance District
2842
HOLD a public hearing; and ADOPT a resolution approving the Engineer’s Report and ordering the levy and collection of assessments in the Hilltop Landscape Maintenance District for the Fiscal Year 2023-2024, providing for a three percent increase in annual assessments – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

Q.3 Public Hearing to Consider the Levy of Annual Assessments for the Marina Bay Landscaping and Lighting Maintenance District
2915
HOLD a public hearing; and ADOPT a resolution approving the Engineer’s Report and ordering the levy and collection of assessments in the Marina Bay Landscape and Lighting Maintenance District for the Fiscal Year 2023-2024 providing for a three percent increase in annual assessments – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

R. NEW BUSINESS
R.1 City of Richmond Police Department Use-of-Force Report Presentation by Bob Scales of Police Strategies LLC.
3014
RECEIVE a presentation on the City of Richmond Police Department’s use-offorce reports from Bob Scales, CEO of Police Strategies LLC, at the request of City Councilmember Claudia Jimenez – Police Department (Chief Bisa French 510-621-1802).

R.2 Soccer Fields in Richmond 3023
DISCUSS AND PROVIDE direction to staff regarding additional soccer fields and the maintenance of current fields - Councilmembers Claudia Jimenez (510- 620-6565) and Soheila Bana (510-620-6743).

R.3 Develop a Shoreline Resiliency Plan with Inclusion of an Inventory of Toxic Sites on the Richmond Shoreline
3025
DIRECT staff to circulate an Request for Proposal (RFP) to contract with a shoreline consultant for the creation of a Shoreline Resiliency Plan with inclusion of an inventory of toxic sites along our shoreline and come back to the Council by end of year with a recommended consultant to create this plan over the course of 12 months - Vice Mayor Gayle McLaughlin (510-620-6636).

R.4 Community Crisis Response Program Update 3036
RECEIVE a draft report and presentation from Urban Strategies Council regarding Community Crisis Response Program model options; and PROVIDE DIRECTION to City staff – Community Services Department (LaShonda White 510-620-6828/ Patrick Seals 510-307-8016).

R.5 Fiscal Year 2022-2023 City-Wide Accomplishments 3137 RECEIVE a presentation from the city manager on the Fiscal Year 2022-2023 City-wide accomplishments – City Manager’s Office (Shasa Curl 510-620- 6512).
16 S. ADJOURNMENT
________________________
17

Page 1 of 2 ends

July 11, 2023
City Council
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Zepeda
Subject: Underpass or Overpass at Parchester Village and Point Richmond at Canal Blvd.

FINANCIAL IMPACT: The financial impact is unknown at this phase of the discussion

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

A potential federal funding for an over or underpass at Parchester Village and Point Richmond at Canal Blvd.
may have been identified.

RECOMMENDED ACTION: DIRECT staff to analyze the feasibility, cost, and timeline of building the two under or overpasses near Parchester Village and Point Richmond at Canal Blvd and return to
the City Council with a report - Councilmember Cesar
Zepeda (510-620-6593).

DISCUSSION:

Councilmember Zepeda learned of potential Federal funding for an overpass/underpass at Parchester Village. He will work with Congressman Garamendi’s Office to potentially fund this project. There is also a possibility that the City can do the same for Point AGENDA
REPORT
18

Page 2 of 2 ends

July 11, 2023
Richmond at Canal Blvd. The focus of the funding will be Parchester Village due to the increased dangers of that community having only one way in/out and is at risk of being blocked in by an emergency. And because Parchester Village is considered a lowincome community, it would much easier qualify for federal funding.

In order to get the funding, the City must draft a plan. The application process opens in October. The City must present a plan and have everything ready in order to apply to be strongly favored and considered for the funding.

The first thing would be to discuss the feasibility, a cost analysis, and approval to apply for the funding for the two under/over passes. The documentation should be specific to both projects with separate costs and processes in case funding for one is provided and not the other. Again, the priority is funding for Parchester Village, as it has a stronger chance at getting approved.

Next, the city will need to determine the timeline, specifications, city approvals needed (permits) for submission to demonstrate that the City is ready for the funding.

Congressman Garamendi’s Office is available to discuss how they can assist with the projects should the City decide to move forward.

Timeline: Staff needs to have a plan to present to the Congressman's office by October.

The planning and project review needs to be completed by September.

DOCUMENTS ATTACHED:

None
19

Page 1 of 3 ends

July 11, 2023
City Council
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Vice Mayor McLaughlin
Subject: Authorize Vice Mayor McLaughlin to cast a vote for the Public Bank East Bay (PBEB) CEO to be paid for by the
Friends of PBEB
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

On April 5, 2022, the City Council approved Resolution
48-22. On April 19, 2022, former Mayor Butt, with the
concurrence of the City Council, appointed
Councilmember McLaughlin to serve as Richmond’s
initial representative for the PBEB. On February 21,
2023, the City Council approved Resolution 21-23.

STATEMENT OF THE
ISSUE:

The Friends of the Public Bank East Bay has raised
money to hire a part-time CEO for an initial period of 1 to 3 years. As Richmond’s representative to the public
bank, Vice Mayor McLaughlin is seeking authorization
from the City Council to move forward with casting a vote for this CEO position, alongside the votes of other Public Bank East Bay Board Candidates, including City
representatives from Berkeley and Oakland.

RECOMMENDED ACTION: AUTHORIZE Vice Mayor McLaughlin to cast a vote as part of the Public Bank East Bay Board Candidates on
the selection of a CEO to help further guide the Public Bank East Bay through the business plan and charter
application process; The position will initially be as a parttime contracted position for 1-3 years paid for the Friends of the Public Bank East Bay. Vice Mayor McLaughlin
(510-620-6636)
AGENDA
REPORT
20

Page 2 of 3 ends

July 11, 2023
DISCUSSION:

On April 5, 2022, the City Council received a presentation from the Friends of the East Bay Public Bank and adopted Resolution 48-22 that approved the Public Bank East Bay (PBEB) Viability Study and approved Richmond as a founding member of PBEB. On April 19, 2022, former Mayor Butt appointed, with the concurrence of the Council, Councilmember McLaughlin as Richmond’s representative to the Public Bank.

More recently on Feb. 21, 2023, the City Council received an updated presentation from the Friends of Public Bank East Bay and adopted Resolution 21-23 authorizing the City Manager and City Attorney (or their designees) to work through next steps along the pathway to forming the Public Bank East Bay with the Cities of Berkeley and Oakland.

Since then, plans have been moving forward. Gary Findley (the experienced banking attorney hired by the Friends of PBEB who has written business plans for hundreds of California community banks) has been working on the initial draft of the business plan, which soon will be brought to the three cities’ Agency Working Group for review.

We have also been reaching out to build relationships with local financial institutions such as CDFIs (Community Development Financial Institutions), Community Banks, Credit Unions and other community-oriented financial institutions, since a part of the PBEB’s mission is to partner with these local institutions to leverage money for projects in our communities.

Finally, we are proud to announce that Friends of PBEB is now in a position to hire a founding Chief Executive Officer to further guide the Public Bank East Bay through the business plan and charter application process. Review the background on this position and the job qualifications. Given the initial startup role for the CEO during the regulatory approval phase, the position is expected to be a part-time (20 to 30 hours per week) contractor position for 1 to 3 years. With that structure, we anticipate a monthly retainer of $14,000 to $16,000. The founding CEO will transition into the full-time CEO role once the Public Bank East Bay has received the required regulatory approval and capitalization by the founding agencies. Our recruiting partner, Marcum Nonprofit & Social Sector, was hired several months ago and their search has yielded many excellent candidates.

The selected CEO will initially be hired and paid for by the Friends of the Public Bank East Bay and is expected to have a significant presence in the East Bay region. Once the Public Bank East Bay has been established, employment will shift to that entity.

Currently, the Search Committee of the Friends of the Public Bank East Bay and the Public Bank East Bay Board Candidates have narrowed down the list of applicants to a short list of highly qualified candidates for the position of CEO. 21

Page 3 of 3 ends

July 11, 2023
The next step is for a vote of the entire PBEB Board Candidates and Friends of the PBEB board to finalize the hiring of the CEO from that short list.

The recommended action for this item is to: AUTHORIZE Vice Mayor McLaughlin to cast a vote as part of the Public Bank East Bay Board Candidates on the selection of a CEO to help further guide the Public Bank East Bay through the business plan and charter application process. This position will initially be as a part-time contracted position for 1-3 years paid for the Friends of the Public Bank East Bay.

DOCUMENTS ATTACHED:

Attachment 1 – Job Announcement
22

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27

Page 1 of 2 ends

July 11, 2023
City Council
DATE: July 11, 2023
TO: Members of the City Council
FROM: Councilmember Zepeda and Mayor Martinez
Subject: RFP to obtain a transition plan for the city fleet to electric and/or hydrogen vehicles and equipment and
infrastructure.

FINANCIAL IMPACT: $50,000-$100,000

PREVIOUS COUNCIL
ACTION:
7/25/2017
2/27/2018,
10/2/2018,
10/16/2018,
11/19/2019,
12/17/2019,
7/7/2020,
3/2/2021,
12/21/2021

STATEMENT OF THE
ISSUE:

The City of Richmond should begin its transition to a
green fuels fleet. By adopting green fuels like electric or hydrogen-powered vehicles, our city can significantly
decrease emissions of greenhouse gases and harmful
pollutants. This shift promotes cleaner air, creating a healthier environment for residents and promoting our
commitment to climate change resilience.

AGENDA REPORT
28

Page 2 of 2 ends

July 11, 2023
RECOMMENDED ACTION: DIRECT staff to issue a Request for Proposal to hire a consultant to create an Action Plan for Greening the City of Richmond Municipal Fleet and infrastructure —
Councilmember Cesar Zepeda (510-620-9593) and
Mayor Eduardo Martinez (510-620-6502).

DISCUSSION:

As a frontline community, Richmond faces significant challenges related to breathing issues due to poor air quality. The city is surrounded by industrial facilities, refineries, and major transportation routes contribute to high levels of air pollution. As a result, our community, primarily children, often suffer from respiratory problems such as asthma, bronchitis, and other respiratory diseases.

In recent years, the state of California has set ambitious goals to reduce greenhouse gas emissions, and transportation is a major contributor to this issue. Green fuels vehicles produce fewer or zero tailpipe emissions, making them a crucial element in decarbonizing the transportation sector. By transitioning to a green fleet, cities can contribute to the overall reduction of carbon emissions, helping California achieve its climate targets and combat the effects of global warming. Additionally, the use of green fuels can help decrease the reliance on fossil fuels, reducing the city's vulnerability to price fluctuations and supply disruptions in the future.

Our city has a moral imperative to address climate change. Human activity, primarily the use of fossil fuels, is accelerating this existential threat. Richmond must take the opportunity to minimize climate change and air pollution impacts from our operations.

A thorough GHG reduction and fleet electrification strategy calls for a solid road map. A Fleet Greening Plan would provide us with an evaluation of the City’s current fleet and infrastructure, guidance for transitioning to a green fleet, and clear timelines for such a transition. This plan is also timely, given the recent, significant federal and state investments in electrification and other alternative fuel sources.

As neighboring cities (Berkeley, Oakland) have done in prior years, the City Council should commit the City to transitioning our fleet investments to renewables. The first step in this process is to build our plan for this important commitment.

DOCUMENTS ATTACHED:

None
29

Page 1 of 2 ends

July 11, 2023
City Council
DATE: July 11, 2023
TO: Members of the City Council
FROM: Councilmember Cesar Zepeda and Mayor Eduardo
Martinez
Subject: Support Local, State, And Federal Efforts To Exonerate The Port Chicago 50
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City of Richmond joins the effort to affirm support to restore honor to, and rectify the mistreatment by the
United States Military of, any sailors who were unjustly blamed for and convicted of mutiny after the Port
Chicago disaster, which occurred in the town of Port
Chicago, California, in 1944.

RECOMMENDED ACTION: ADOPT a resolution in support all efforts to exonerate the Port Chicago 50 and recognize their service to our
country - Councilmember Cesar Zepeda (510-620-6593)
and Mayor Eduardo Martinez (510-620-6503).

AGENDA
REPORT
30

Page 2 of 2 ends

July 11, 2023
DISCUSSION:

On July 17, 1944, the deadliest home front disaster of World War II took place when a tragic explosion occurred at the Port Chicago Naval Magazine killing 320 men (of whom 202 were African American) and wounding 390 (of whom 233 were African American).

Port Chicago Naval Magazine was racially segregated and all sailors loading munitions at the time of the explosion were African American. The surviving sailors were entitled to standard survivors’ leave but were denied leave, resulting in the surviving sailors being ordered back to handling high explosives before an investigation could determine the cause of the deadly explosion.
258 ammunition handlers engaged in peaceful work stoppage rather than returning under the same unsafe working conditions; and fifty of these men were unlawfully charged with mutiny, prosecuted as guilty and sentenced to prison.

Naval historians now recognize the actions of the Port Chicago 50 potentially saved lives and changed the Navy for the better.

In 2022, the City of Concord, the City of Albany, the Contra Costa County Board of Supervisors passed resolutions supporting local, state, and federal efforts to exonerate the sailors wrongfully convicted of mutiny following the Port Chicago disaster of 1944.

The City of Richmond does hereby support these and all efforts to exonerate the Port Chicago 50 and recognize their service to our country. We also recognize the efforts that this case presents in our nation’s struggle for social justice, racial equity, and workers’ rights.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
31 Reso. No. XX-17

Page 1 of 3 ends

RESOLUTION NO. XX

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

RESOLUTION TO SUPPORT LOCAL, STATE, AND FEDERAL EFFORTS TO EXONERATE THE PORT CHICAGO 50
WHEREAS, on July 17, 1944, the deadliest home front disaster of World War II took place when a tragic explosion occurred at the Port Chicago Naval Magazine killing 320 men (of whom 202 were African American) and wounding 390 (of whom 233 were African American); and
WHEREAS, Port Chicago Naval Magazine was racially segregated and all sailors loading munitions at the time of the explosion were African American; and WHEREAS, the surviving sailors were entitled to standard survivors’ leave but were denied leave and ordered to clean up after the disaster; and WHEREAS, the surviving sailors were ordered back to handling high explosives before an investigation could determine the cause of the deadly explosion; and WHEREAS, 258 ammunition handlers engaged in peaceful work stoppage rather than returning under the same unsafe working conditions; and WHEREAS, fifty of these men were unlawfully charged with mutiny, prosecuted as guilty and sentenced to prison; and
WHEREAS, three weeks after the work stoppage, a Naval Court of Inquiry report confirmed working conditions and practices enforced by Port Chicago leadership were in violation of Naval safety regulations and federal safety code; and WHEREAS, the actions of the sailors, the public mutiny trial, and public advocacy from their champion Thurgood Marshall, initiated the desegregation of the Navy in February 1946; and
WHEREAS, there have been several attempts over the years to appeal the decision, but all have failed; and
WHEREAS, starting in the 1990s, Congressman George Miller worked to preserve the history of the Port Chicago 50 and worked towards their exoneration, and in 1992, his legislation designated the site of the Port Chicago Naval Magazine as a national memorial, which is managed by the National Park Service; and
WHEREAS, in 2009, President Obama signed legislation to incorporate Port Chicago Naval Magazine National Memorial as a full and permanent unit of our National Park System; and
WHEREAS, the East Bay Regional Park District received part of the Concord Naval Weapons Station through a Public Benefit Conveyance on July 19, 2019, and has named the park the Thurgood Marshall Regional Park – Home of the Port Chicago 50, which honors the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality, and workers’ rights; and WHEREAS, Naval historians now recognize the actions of the Port Chicago 50 potentially saved lives and changed the Navy for the better; and WHEREAS, in 2022, the City of Concord, the City of Albany, the Contra Costa County Board of Supervisors passed resolutions supporting local, state, and federal efforts to exonerate the sailors wrongfully convicted of mutiny following the Port Chicago disaster of 1944.

WHEREAS, in 2022, the State of California successfully passed SJR-15 urging the President of the United States and Congress to restore honor to the sailors unjustly blamed for, and the sailors convicted of mutiny following, the Port Chicago disaster, and to rectify any mistreatment by the military of those sailors, including the full exoneration of those who were convicted at court-martial; and
32 Reso. No. XX-17

Page 2 of 3 ends

WHEREAS, in 2023, US Representative Mark DeSaulnier (CA-11), US Representative Barbara Lee (CA-12) and US Representative John Garamendi (CA-08) introduced a resolution recognizing the victims of the Port Chicago disaster and calling for the exoneration of the Port Chicago 50; and
WHEREAS, in June 2023, the Philadelphia 15 were exonerated by Assistant Secretary of the Navy Franklin Parker. This case serves as an example and pathway to exonerate the Port Chicago 50.

NOW, THEREFORE, THE CITY OF RICHMOND DOES RESOLVE AS
FOLLOWS:

Section 1. The City of Richmond does hereby support these and all efforts to exonerate the Port Chicago 50 and recognize their service to our country.

Section 2. The City of Richmond recognizes the efforts that this case presents in our nation’s struggle for social justice, racial equity, and workers’ rights.

Section 3. The City of Richmond affirms support for all future efforts which urge the President, Congress of the United States, and Secretary of the Navy to take all necessary actions to restore honor to, and rectify the mistreatment by the United States Military of, any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944.

Section 4. This resolution shall become effective immediately upon its passage and adoption.
**********************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held Insert Date, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
33 Reso. No. XX-17

Page 3 of 3 ends

County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. XX, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on INSERT DATE ADOPTED.

Pamela Christian, Clerk of the City of Richmond
34

Page 1 of 4 ends

July 11, 2023
Community Development
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Kaitlyn Quackenbush, Housing Fellow
Subject: Authorization of City’s Prohousing Designation Application
FINANCIAL IMPACT: There is no cost to the general fund associated with the Prohousing Designation program application and the City is not required to provide funding for any project by
submitting the Prohousing Designation program
application. Obtaining a Prohousing Designation would
make Richmond-based projects eligible for bonus points
for certain State funding programs.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

On July 1, 2021, the California Housing and Community
Development Department (HCD) released the
Prohousing Designation Program Application Package.

This newly created program was part of the 2019-20
Budget Act, AB 101, that distinguishes and rewards
jurisdictions who are compliant with Housing Element
Law and demonstrate accelerated housing production.

The Prohousing program began accepting over-thecounter applications on July 1, 2021. City staff is seeking City Council authorization to submit to HCD an
application to obtain a Prohousing Designation for the
City.

AGENDA
REPORT
35

Page 2 of 4 ends

July 11, 2023
RECOMMENDED ACTION: ADOPT a resolution authorizing City staff to submit an application to participate in California’s Prohousing
Designation Program – Community Development
Department (Lina Velasco 510-620-6841).

DISCUSSION:

Background
On July 1, 2021, the California Housing and Community Development Department (HCD) released the Prohousing Designation Program Application Package. This newly created program was part of the 2019-20 Budget Act, AB 101, that distinguishes and rewards jurisdictions who are compliant with the Housing Element and demonstrate accelerated housing production. California’s lack of housing production for many decades has amplified the need to create more affordable housing opportunities for residents in Richmond and across the region and state. The Prohousing program began accepting over-the-counter applications on July 1, 2021.

Applications are accepted on a rolling basis and a deadline to submit has not been specified. HCD requires the City Council to authorize submittal of an application. This opportunity is one of many innovative programs that HCD has rolled out in recent years to address the State’s housing crisis.

In order to be considered for a Prohousing Designation, the applicant must accurately complete all sections of the application, including the Resolution for the Prohousing Designation Program.

Threshold requirements include having an adopted compliant Housing Element. On January 24, 2023, the City of Richmond City Council adopted the 6th Cycle Housing Element. As part of its action, the City Council authorized City staff to address any nonsubstantive changes requested by the State Department of Housing and Community Development (HCD) to achieve certification status. On March 9, 2023, HCD provided the City with its comments on the adopted 6th Cycle Housing Element. On May 31, 2023, the City published the Revised Adopted 6th Cycle Housing Element addressing HCD's comments and anticipates HCD’s final certification by August 2023. The City will not be able to submit its application until a certification letter for its 6th Cycle Housing Element is received from HCD.

Scoring/Eligibility
HCD has identified four scoring categories to evaluate jurisdictions under the Prohousing Designation:

1. Category 1: Favorable Zoning and Land Use: Addresses zoning and land use barriers
36

Page 3 of 4 ends

July 11, 2023

2. Category 2: Acceleration of Housing Production Timelines: Addressing local approval processes

3. Category 3: Reduction of Construction and Development Costs: Addressing building and development standards

4. Category 4: Providing Financial Subsidies: Addressing financing barriers Bonus/Enhancement Points are awarded for additional policies that pair with any of the four categories above. To be eligible, jurisdictions must meet the minimum scoring threshold of thirty points and demonstrate Prohousing polices in each of the four categories, as detailed in Attachment 2. The evaluation criteria include both policies that have been enacted or proposed.

Richmond has adopted multiple policies and strategies that align with the State’s goal of accelerating housing production. The Richmond 6
th Cycle (2023-2031) Housing Element
and recently adopted Livable Corridors Form-Based Code (FBC) set the framework locally to achieve this by creating new housing in mixed-use developments connected to mass transportation.

Table 1: Richmond Preliminary Scoring Calculation
Category Points

1. Favorable Zoning & Land Use 12

2. Acceleration of Housing Production Timelines 15

3. Reduction of Construction & Development Costs 2

4. Providing Financial Subsidies 5
Subtotal 33
Bonus: Enhancement Factors 17
Total 49
Benefits of a Prohousing Designation
Given the limited funding availability for affordable housing in Contra Costa County, the City and its non-profit development partners rely heavily on other financing sources to support affordable housing. As the City implements the 6th Cycle Housing Element, which includes producing its Regional Housing Needs Allocation of 3,614 new housing units, the City would benefit immensely from the Prohousing Designation as it will provide priority in the following funding programs:
 Affordable Housing Sustainable Communities
 Transformative Climate Communities
 Infill Infrastructure Grant Program
 Transit and Intercity Rail Capital Program
 Potentially other housing and non-housing sources of funds 37

Page 4 of 4 ends

July 11, 2023
Prohousing Designation Application Review
HCD will review applications for a Prohousing Designation and provide comments within 60 days of submission. Approvals will be published on an ongoing basis. As of February 3, 2023, HCD had provided the designation to the following 11 jurisdictions:
 City of El Cerrito
 City of Fontana
 City of Los Angeles
 City of Oakland
 City of Roseville
 City of Sacramento
 City of San Diego
 City of West Sacramento
 County of Placer
 County of Sacramento
ENVIRONMENTAL REVIEW: Authorization of submitting this application is not a project pursuant to the California Environmental Quality Act (CEQA). Any project constructed/awarded funds because of the Prohousing Designation will be evaluated under CEQA, as applicable.

CONCLUSION: City staff recommends that the City Council adopt the Resolution (Attachment 1) authorizing City staff to submit the City of Richmond’s application to participate in California’s Prohousing Designation Program.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Resolution
Attachment 2 – Draft City of Richmond Prohousing Designation Application 38 RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and
WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Richmond (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures.

4. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

5. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or 39 appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

6. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

7. The City Manager and/or Director of Community Development are authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.
********************************************
I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Richmond at a meeting held on July 11, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________
Pamela Christian

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________

EDUARDO MARTINEZ
Mayor
Approved as to Form:
___________________________

DAVE ALESHIRE
City Attorney
40 Category
Number Concise Written Description of Proposed Policy
1A Richmond's 6th Cycle HEU Sites Inventory proposed 6,225 units, which is 2,611 units above required RHNA of 3,614, thereby accomdating up to 170% of current RHNA by total.
2F As part of the 6th Cycle Housing Element Update, Program 3.A, Design Review and Use Permit Process Improvements, the City will update required design review findings for housing developments, including community/residential care facilities, to ensure findings are objective. Additionally, the City will hold legal training sessions with the Design Review Board, Planning Commission, and City staff regarding State law provisions (e.g., Housing Accountability Act, SB 330, etc.) including limited purview, number of public meetings, and timeframes for project reviews. This program will reduce average processing time (from deemed complete) for both design review and use permit applications by fourth quarter 2025. 3B The City of Richmond seeks to reduce barriers to property owners to create ADUs/JADUs, particularly for lower-income/cost burdened property owners through proposed program 2.E of 6th Cylce HEU. Through this program, the city will facilitate the production of ADUs/JADUs by developing a set(s) of preapproved architectural and building plans for ADUs and by providing informational handout materials.

Additionally, the city will modify the Zoning Code to allow ADUs/JADUs in the CR Zone consistent with how multi-family residential is allowed in the CR Zone.

Another way in wich the city seeks to faciliate ADU/JADU production is through its Transformative Climate Communties implementation grant. The city will provide free or discounted pre-approved floor plans and guides for low-income residents living in the Project Area to help create additional affordable housing units and allow for residents to age in place.
41 Key Milestones and Milestone
Dates
Anticipated Completion
Date
By 2031
Complete Municipal Code
amendments and hold first training
session by December 2023. Hold
subsequent biannual legal training
sessions in December 2025, 2027,
2029, and 2031.

December 2023
Amend Zoning Code and complete
preapproved plans December 2023.

Monitor ADU production and
affordability every two years in April
(April 2025, April 2027, and April
2029). If ADU targets are not being
met by April, the City will review and
revise efforts to increase ADU
construction (e.g., fee waivers, local
financing program for ADUs, etc.) no
later than October (i.e., within six
months).

December 2031
42 Notes
43 Category
Number
Concise Written
Description of
Prohousing Policy
Enacted or
Proposed
Documentat
ion Type
(e.g.,
resolution,
zoning
code)
Insert Web Links to
Documents or Indicate
that Electronic Copies
are Attached as Appendix
5 Points
Enhanceme
nt Category
Number
Enhanceme
nt Points Total Points
1A Richmond's 6th Cycle HEU Sites Inventory proposed
6,225 units, which is 2,611 units above required RHNA
of 3,614, thereby accomdating up to 170% of current
RHNA by total.

P 6th Cycle
Housing
Element
Update of
General Plan,
Sites
Inventory,
Appendix B.
https://www.ci.richmond.ca.us/
DocumentCenter/View/64850
3 1 2 5
1B As part of the Richmond Livable Corridors Form-Based Code (FBC) for Macdonald Avenue, 23rd Street, and
portions of San Pablo Avenue and the surrounding
areas, the City of Richmond facilitates and provides
incentives for mixed-use housing over retail
development and a variety of other housing types and
products such as duplexes, triplexes, large apartment
buildings, second dwelling units, courtyard housing,
live/work units, condominiums, cooperative housing,
single-room occupancy units (SROs),
retirement/assisted living communities, and
manufactured or modular housing. Potential incentives
include density bonuses, reduced parking requirements
(including the removal of minimum parking
requirements for qualifying development projects within a one-half mile of public transit as defined under AB
2097), and expedited review.

E General Plan
and Zoning
Code
https://www.ci.richmond.ca.us/
2965/Form-Based-Code
2 1 2 4
1E The City of Richmond increases allowable density in
low-density, single-family residential areas beyond the state ADU law requirements, by allowing up to
duplexes if sufficient lot size, as well as multi-family housing types such as bungalow courtyards and
townhouse development types.

E Zoning Code https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_200BAZODIRE_ART15.04.2
01REDI_15.04.201.020LAUS
RE
2 2 1 3
44 1F As part of the Richmond Livable Corridors Form-Based Code (FBC) for Macdonald Avenue, 23rd Street, and
portions of San Pablo Avenue and the surrounding
areas, the City of Richmond, eliminates parking space
requirements for affordable housing developments for
the first 2,000 sf of residential use.

The City's ADU and JADU program eliminates parking
requirements for accessory units located: (1) within onehalf mile walking distance of public transit; (2) in an architecturally and historically significant historic
district; (3) in part of a proposed or existing primary residence or an accessory structure; (4) in an area
requiring on-street parking permits but they are not
offered to the occupant of the second unit; or (5) within one block of a car-share pick up/drop-off location.

When a garage, carport, or covered parking structure
is demolished or converted in conjunction with the
construction of an accessory dwelling unit, the parking spaces need not be replaced.

E Zoning Code https://www.ci.richmond.ca.us/
DocumentCenter/View/64850/
Element-5---HousingElement_6th-Cycle?bidId=
https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_600GEST_ART15.04.607PA
LOST_15.04.607.040CAPARE
2 2
1G The City of Richmond's Regional Commercial, General
Commercial, Light Industrial, and Commericial Mixed
allow for residential, Live-Work and mixed uses.

Additionally, The Livable Corridors Form Based Code
Transect Zones allow for residential and mixed uses in
commercial and light industrial zones (15.04.401.070
Transect Overview) and the Richmond Bay Specific
Plan allows residential in mixed use districts (Chaper 4 Development Standards, page 1-19)
E Zoning code MUNICODE SECTION

15.04.203.020 - LAND USE

REGULATION -

COMMERICAL DISTRICTS
https://www.ci.richmond.ca.us/
2965/Form-Based-Code; ;
https://www.ci.richmond.ca.us/
DocumentCenter/View/61570/
RLC_1504400_FormBasedCodeZoningDistrics_He
aringDraft_Update081222?bidI
d=
https://www.ci.richmond.ca.us/
2647/Richmond-Bay-SpecificPlan;
https://www.ci.richmond.ca.us/
DocumentCenter/View/39880/
Richmond-Bay-Specific-Plan---
December-20-2016
1 2 1 2
45 1H The City of Richmond allows for modifcation of
development standards and other applicable zoning
provisions to promote greater development intensity. It does so through the Planned Area Districts, which
allow for tailored zoning and developers can request
increased density beyond the base. Additionally, the
Community Benefits Agreements Ordinance,
Inclusionary Housing Ordinance and Richmond Hills
Initiative allow for modified zoning standards to
promote greater development intensity by allowing
increased density and transferred development rights.

The Richmond Hills Initiative, established a
transferable development credit program intended to
provide parcel owners the right to develop residences
in designated areas within the City, subject to specified limitations and privileges, that promote greater
development intensity.

E Municipal
Code; Zoning
Code
https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_800ADPE_ART15.04.810PL
ARDI
https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_800ADPE_ART15.04.816CO
BEPO
https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_600GEST_ART15.04.603INH

OAFHOLIFE
https://www.ci.richmond.ca.us/
4074/Richmond-Hills-InitiativeImplementation
1 1 2 3
1J The City of Richmond supports the acceleration of
housing production through the Housing Element
Update Program 3.A, through which the City will update
required design review findings for housing
developments, including community/residential care
facilities, to ensure findings are objective. Additionally, the City will hold legal training sessions with the Design Review Board, Planning Commission, and City staff
regarding State law provisions (e.g., Housing
Accountability Act, SB 330, etc.) including limited
purview, number of public meetings, and timeframes
for project reviews.

Also, the Hilltop Specific Plan Priority Development
Area Grant received from the Metropolitan
Transportation Commission (MTC) will accelerate and
streamline housing production and job creation near
public transit. The Hilltop Specific Plan will approve 50 new housing units by 2031.

Proposed in
6th Cycle
Sites
Inventory of
HEU & Hilltop
Specific Plan
6th Cycle
Housing
Element
Update &
Hilltop Specific
Plan
https://www.ci.richmond.ca.us/
DocumentCenter/View/64850/
Element-5---HousingElement_6th-Cycle?bidId=
https://hilltophorizon.com/
1 1
2A The City of Richmond ministerially approves Accessory Dwelling Units and Junior Accessory Dwelling Units. No
discretionary review may be permitted unless the
application includes other work unrelated to the
accessory dwelling unit, in which case discretionary
review shall be limited to the work unrelated to the
application for the accessory dwelling unit.

E Zoning Code https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_600GEST_ART15.04.610ST
SPUSAC_15.04.610.020ACD

WUNJUACDWUN
3 1 2 5
46 2B The City provides streamlined, program level CEQA analysis when the project EIR is consistent with the
General Plan; these projects do not require additional
environmental review.

Examples: In The Livable Cooridors Form Based Code
any project that is consistent will tier off the standard EIR; Brickyard Cove Project is consistent with the
General Plan so no futher EIR required.

E Resolution
See Project
Examples
https://www.ci.richmond.ca.us/
DocumentCenter/View/307/CE
QA-Guidelines-andProcedures?bidId=
https://www.ci.richmond.ca.us/
DocumentCenter/View/62504/
Livable-Corridors-FBC-EIRAddendum
https://www.ci.richmond.ca.us/
4349/Brickyard-CoveResidential-Project
2 2
2C The City has documented the practice of streamlining housing development approvals that are categorically
exempt whenever there is a project that meets infill
requirements. See Villas at Renaissance Apartments.

E Project
Examples
2 2
2D The City of Richmond has an established permitting
process that takes less than four months. For example,
permitting processes for ADUs and JADUs must be
approved or disapproved within 60 days of receivng a
completed application if there is an existing dwelling
unit on the lot. The City shall grant a delay in
processing if requested by the applicant.

E Zoning Code https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_600GEST_ART15.04.610ST
SPUSAC_15.04.610.020ACD

WUNJUACDWUN
2 2
2F As part of the 6th Cycle Housing Element Update,
Program 3.A, Design Review and Use Permit Process
Improvements, the City will update required design
review findings for housing developments, including
community/residential care facilities, to ensure findings are objective. Additionally, the City will hold legal
training sessions with the Design Review Board,
Planning Commission, and City staff regarding State
law provisions (e.g., Housing Accountability Act, SB
330, etc.) including limited purview, number of public
meetings, and timeframes for project reviews. This
program will reduce average processing time (from
deemed complete) for both design review and use
permit applications by fourth quarter 2025.

Proposed as
part of 6th
Cycle HEU
Zoning Code https://www.ci.richmond.ca.us/
DocumentCenter/View/64850/
Element-5---HousingElement_6th-Cycle?bidId=
1 1 2 3
2G As part of the Richmond Livable Corridors Form-Based Code (FBC) for Macdonald Avenue, 23rd Street, and
portions of San Pablo Avenue and the surrounding
areas, objective design standards are established to
ensure that near and long-term development and
capital improvement projects substantially improve the
quality of life for Richmond residents.

E Zoning Code https://www.ci.richmond.ca.us/
DocumentCenter/View/61570/
RLC_1504400_FormBasedCodeZoningDistrics_He
aringDraft_Update081222?bidI
d=
1 1 2 3
47 2H The City of Richmond has a one-stop-shop permitting process at the Planning and Building counter located at City Hall.

E The
Community
Development
and Building
Website
includes
instructions on
permitting
processes
https://www.ci.richmond.ca.us/
2099/Building-Division
1 1
2I The City of Richmond prioritizes the permitting process and plan check times for ADUs and JADUs. All
ADUS/JADUS shall be approved or disapproved within
60 days of receiving a completed application if there is an existing dwelling on the lot.

E Zoning Code https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_600GEST_ART15.04.610ST
SPUSAC_15.04.610.020ACD

WUNJUACDWUN
1 1
2J The City uses a standardized planning form for all
entitlement applications
E Planning Form https://www.ci.richmond.ca.us/
DocumentCenter/View/6421/Pl
anning-Application-Form---
Fillable?bidId=
1 1
2K The City of Richmond posts all project permit approvals and development status on major projects site of main
city webpage and on Transparent Richmond website.

E Website https://www.ci.richmond.ca.us/
1404/Major-Projects
https://www.transparentrichmo
nd.org/stories/s/Planning-andDevelopment/anc4-ir6w
1 1
3B The City of Richmond seeks to reduce barriers to
property owners to create ADUs/JADUs, particularly for
lower-income/cost burdened property owners through
proposed program 2.E of 6th Cylce HEU. Through this
program, the city will facilitate the production of
ADUs/JADUs by developing a set(s) of preapproved
architectural and building plans for ADUs and by
providing informational handout materials. Additionally, the city will modify the Zoning Code to allow
ADUs/JADUs in the CR Zone consistent with how multifamily residential is allowed in the CR Zone.

Proposed 6th
Cycle HEU &
Transformativ
e Climate
Communities
Displacement
Avoidance
Plan
Zoning Code https://www.ci.richmond.ca.us/
DocumentCenter/View/64850
2 1 2 4
48 4A The City has a local housing trust fund to support affordable housing financing.

The moneys in the Affordable Housing Fund and all
earnings from investment of the moneys in the Fund
shall be expended on activities that provide housing
affordable to extremely low-income, very low-income,
lower-income, moderate-income households and any
special needs populations in the City consistent with
the goals and policies contained in the City's Housing
Element, which may include without limitation land
acquisition, predevelopment costs, rehabilitation of
existing units to extend their useful life and add
affordability restrictions, and construction of new
residential units, and for administration and compliance monitoring of the affordable housing program, as
approved by the City Council.

E Ordinance https://library.municode.com/c
a/richmond/codes/code_of_or
dinances?nodeId=ARTXVZOS
U_CH15.04ZOSURE_SERIES
_600GEST_ART15.04.603INH
OAFHOLIFE_15.04.603.110IN
HOAG
2 3 1 3
4E Directed residual redevelopment funds to affordable
housing.

Metrowalk
redeve funds
4F The City has a documented practice of using housing
in-lieu fees and other City funds to support affordable housing development. See examples: Nevin Plaza
project, in which the City provided $1.75M from the
affordable housing in-lieu fees fund and $1.75M from
the City's American Rescue Plan Act (ARPA) fund.

E Regulatory
Agreement
and Adopted
Joint
Resolution
Attached as Appendix 5 1 1
TOTAL 32 17 49
49

Page 1 of 3 ends

July 11, 2023
Community Development
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Hector J. Rojas, Planning Manager
Subject: Measure J Growth Management Program (GMP)
Compliance Checklist for Calendar Years 2020 & 2021
FINANCIAL IMPACT: Submittal of the Measure J GMP Compliance Checklist to Contra Costa Transportation Authority (CCTA) will make
the City eligible to receive Local Street Maintenance and Improvement Funds for Fiscal Years 2021-22 and 2022-
23 totaling approximately $4,268,504.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

City staff has prepared the City of Richmond’s Measure J GMP Compliance Checklist for Calendar Years 2020 &
2021. The City Council must authorize the checklist’s
submittal to CCTA in order to receive its allocation of Local Street Maintenance and Improvement Funds for
Fiscal Years 2021-22 and 2022-23.

RECOMMENDED ACTION: ADOPT a resolution authorizing submittal of the City of Richmond’s Measure J Growth Management Program
(GMP) Compliance Checklist for Calendar Years 2020
and 2021 to the Contra Costa Transportation Authority
(CCTA) – Community Development Department (Lina
Velasco 510-620-6841).

AGENDA
REPORT
50

Page 2 of 3 ends

July 11, 2023
BACKGROUND:

Contra Costa County voters passed Measure J in 2004. The measure renewed a halfpercent sales tax used to fund various transportation projects and programs throughout the county. The projects funded through Measure J include the construction of major highway and arterial road projects, improvements to the BART system, enhancements to transit facilities, and pedestrian, bicycle, and trail facilities. Measure J funded programs include a variety of transit and paratransit services, support for commute alternatives, and regional transportation planning and growth management. Eighteen percent of the Measure J revenues are allocated to local street maintenance and improvements. These Local Street Maintenance and Improvement (LSM) funds, also referred to as “return-to-source” funds, are paid out annually to local jurisdictions if the Contra Costa Transportation Authority (CCTA) finds the jurisdiction is following the Measure J Growth Management Program (GMP) established by Measure J.

DISCUSSION:

CCTA evaluates Measure J GMP compliance through a checklist that is distributed to local jurisdictions every two years. Each jurisdiction is required to complete the checklist and submit it to CCTA for review and approval prior to receiving its LSM funds.

City staff has prepared the City of Richmond’s Measure J GMP Compliance Checklist for Calendar Years 2020 and 2021 (see Exhibit A). The checklist demonstrates the City’s compliance with the Measure J GMP requirements, which include the following:
 Adoption of a general plan growth management element;  Adoption of a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth;  Participation in an ongoing cooperative, multi-jurisdictional planning process with other applicable jurisdictions and agencies to create a balanced, safe, and efficient transportation system;
 Making progress in providing housing opportunities for all income levels;  Developing a five-year capital improvement program (CIP);  Adopting a transportation systems management ordinance to promote carpools, vanpools, and park and ride lots; and
 Adopting an urban limit line.

Upon CCTA’s approval of the checklist, the City will receive a total of $2,183,263 LSM funds for Fiscal Year (FY) 2021-22. For FY 2022-23, CCTA estimates the City would 51

Page 3 of 3 ends

July 11, 2023
receive a total of $2,085,241 LSM funds; however, the exact amount for FY 2022-23 will be finalized in July after final Measure J tax revenues have been collected.

CONCLUSION:

City staff recommends the City Council adopt the draft Resolution in Attachment 1 authorizing submittal of the City of Richmond’s Measure J GMP Compliance Checklist for Calendar Years 2020 and 2021 to CCTA.

DOCUMENTS ATTACHED:

Attachment 1 – Draft City Council Resolution
Attachment 2 – Exhibit A: Measure J GMP Compliance Checklist for Calendar Years 2020 & 2021
52 Attachment 1
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

AUTHORIZING SUBMITTAL OF THE MEASURE J GROWTH MANAGEMENT PROGRAM COMPLIANCE CHECKLIST FOR CALENDAR YEARS 2020 AND 2021.

WHEREAS, Contra Costa County voters passed Measure J in 2004; and WHEREAS, Measure J renewed a half-percent sales tax used to fund various transportation projects and programs throughout the county; and WHEREAS, eighteen percent of the Measure J revenues are allocated to local street maintenance and improvements; and
WHEREAS, the Measure J “return-to-source” funds are paid out annually to local jurisdictions if the Contra Costa Transportation Authority (CCTA) finds the jurisdiction is following the Measure J Growth Management Program (GMP) established by Measure J; and WHEREAS, the City of Richmond will receive approximately $4,268,504 in Local Street Maintenance and Improvement Funds (also referred to as “return-to-source” funds) for Fiscal Years 2021-22 and 2022-23 if CCTA determines that the City is in compliance with the Measure J GMP; and
WHEREAS, CCTA evaluates Measure J GMP compliance through a checklist that is distributed to local jurisdictions every two years; and WHEREAS, each jurisdiction is required to complete the checklist and submit it to CCTA for review and approval prior to receiving its return-to-source funds; and WHEREAS, the City of Richmond has prepared its Measure J GMP Compliance Checklist for Calendar Years 2020 & 2021 and the checklist demonstrates the City’s compliance with the Measure J GMP requirements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richmond has reviewed and considered the Measure J GMP Compliance Checklist for Calendar Years 2020 & 2021 and authorizes its submittal to CCTA.

BE IT FURTHER RESOLVED, that the City Manager or designee is hereby authorized and directed, on behalf of the City, and in its name, to execute and deliver such other documents and to do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution.
------
53 Attachment 1
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held July 11, 2023, by the following vote:

AYES:

NOES:

ABSENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
___________________
City Attorney
54 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Measure J Growth Management Program Compliance Checklist

1. Action Plans YES NO N/A
a. Is the jurisdiction implementing the actions called for in the applicable Action Plan for all designated Routes of Regional Significance within the jurisdiction?
b. Has the jurisdiction implemented the following procedures as outlined in the Implementation Guide and the applicable Action Plan for Routes of Regional Significance?
i. Circulation of environmental documents,
ii. Analysis of the impacts of proposed General Plan amendments and recommendation of changes to Action Plans, and
iii. Conditioning the approval of projects consistent with Action Plan policies?
c. Has the jurisdiction followed the procedures for RTPC review of General Plan Amendments as called for in the Implementation Guide?

2. Development Mitigation Program YES NO
a. Has the jurisdiction adopted and implemented a local development mitigation program to ensure that new development pays its fair share of the impact mitigation costs associated with that development?
b. Has the jurisdiction adopted and implemented the regional transportation mitigation program, developed, and adopted by the applicable Regional Transportation Planning Committee, including any regional traffic mitigation fees, assessments, or other mitigation as appropriate?
Richmond
55 Clear Form
Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

3. Address Housing Options YES NO
a. Has the jurisdiction prepared and submitted a report to the Authority demonstrating reasonable progress in providing housing opportunities for all income levels under its Housing Element? The report can demonstrate progress by
(1) comparing the number of housing units approved, constructed, or occupied within the jurisdiction over the preceding five years with the number of units needed on average each year to meet the housing objectives established in its Housing Element; or
(2) illustrating how the jurisdiction has adequately planned to meet the existing and projected housing needs through the adoption of land use plans and regulatory systems which provide
opportunities for, and do not unduly constrain, housing development; or
(3) illustrating how its General Plan and zoning regulations facilitate improvement or development of sufficient housing to meet the Element’s objectives.

Note: A copy of the local jurisdiction’s annual progress report (Tables A thru C) to the state Department of Housing and Community Development (HCD) is sufficient.
b. Does the jurisdiction’s General Plan—or other adopted policy document or report—consider the impacts that its land use and development policies have on the local, regional, and countywide transportation system, including the level of transportation capacity that can reasonably be provided?
c. Has the jurisdiction incorporated policies and standards into its development approval process that support transit, bicycle, and pedestrian access in new developments?
Richmond
56 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

4. Traffic Impact Studies YES NO N/A
a. Using the Authority’s Technical Procedures, have traffic impact studies been conducted as part of development review for all projects estimated to generate more than 100 net new peak-hour vehicle trips? (Note: Lower traffic generation thresholds established through the RTPC’s Action Plan may apply).
b. If the answer to 4.a. above is “yes”, did the local jurisdiction notify affected parties and circulate the traffic impact study during the environmental review process?

5. Participation in Cooperative, Multi-Jurisdictional
Planning YES NO
a. During the reporting period, has the jurisdiction’s Council/Board representative regularly participated in meetings of the appropriate Regional Transportation Planning Committee (RTPC), and have the jurisdiction’s local representatives to the RTPC regularly reported on the activities of the Regional Committee to the jurisdiction's council or board? (Note: Each RTPC should have a policy that defines what constitutes regular attendance of Council/Board members at RTPC meetings.)
b. Has the local jurisdiction worked with the RTPC to develop and implement the Action Plans, including identification of Routes of Regional Significance, establishing Multimodal Transportation Service Objectives (MTSOs) for those routes, and defining actions for achieving the MTSOs?
c. Has the local jurisdiction applied the Authority’s travel demand model and Technical Procedures to the analysis of General Plan Amendments (GPAs) and developments exceeding specified
thresholds for their effect on the regional transportation system, including on Action Plan MTSOs?
Richmond
57 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
YES NO
d. As needed, has the jurisdiction made available, as input into the countywide transportation computer model, data on proposed improvements to the jurisdiction’s transportation system, including roadways, pedestrian circulation, bikeways, and trails, planned and improved development within the jurisdiction, and traffic patterns?

6. Five-Year Capital Improvement Program YES NO
Does the jurisdiction have an adopted five-year capital improvement program (CIP) that includes approved projects and an analysis of project costs as well as a financial plan for providing the improvements? (The transportation component of the plan must be forwarded to the Authority for incorporation into the Authority’s database of transportation projects)

7. Transportation Systems Management Program YES NO
Has the jurisdiction adopted a transportation systems management ordinance or resolution that incorporates required policies consistent with the updated model ordinance prepared by the Authority for use by local agencies or qualified for adoption of alternative mitigation measures because it has a small employment base?

8. Adoption of a voter-approved Urban Limit Line YES NO N/A a. Has the local jurisdiction adopted and continually complied with an applicable voter-approved Urban Limit Line as outlined in the Authority’s annual ULL Policy Advisory Letter?
Richmond
58 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
b. If the jurisdiction has modified its voter approved ULL or approved a major subdivision or General Plan Amendment outside the ULL, has the jurisdiction made a finding of consistency with the Measure J provisions on ULLs and criteria in the ULL Policy Advisory Letter after holding a noticed public hearing and making the proposed finding publicly available?

9. Adoption of the Measure J Growth Management
Element YES NO N/A
Has the local jurisdiction adopted a final GME for its General Plan that substantially complies with the intent of the Authority’s adopted Measure J Model GME?

10. Posting of Signs YES NO N/A
Has the jurisdiction posted signs meeting Authority specifications for all projects exceeding $250,000 that are funded, in whole or in part, with Measure C or Measure J funds?

11. Maintenance of Effort (MoE) YES NO
Has the jurisdiction met the MoE requirements of Measure J as stated in Section 6 of the Contra Costa Transportation
Improvement and Growth Management Ordinance (as amended)? (See the Checklist Instructions for a listing of MoE requirements by local jurisdiction.)

12. Submittal of LSM Reporting and Audit Forms YES NO
Has the local jurisdiction submitted a Local Street Maintenance and Improvement Reporting Form and Audit Reporting Form for eligible expenditures of 18 percent funds covering FY 2017-18 and FY 2018-19?

YES NO N/A
Richmond
59 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

13. Other Considerations YES NO N/A
If the jurisdiction believes that the requirements of Measure J have been satisfied in a way not indicated on this checklist, has an explanation been attached below?
Review and Approval of Checklist
This Measure J GMP Compliance Checklist was prepared by:

Signature Date
Name & Title (print)
Phone Email
The Council/Board of ___________ has reviewed the completed Checklist and found that the policies and programs of the jurisdiction as reported herein conform to the requirements for compliance with the Contra Costa Transportation Improvement and Growth Management Program.

Certified Signature (Mayor or Chair) Date
Name & Title (print)
Attest Signature (City/Town/County Clerk) Date
Name (print)
Richmond Hector Rojas, AICP, Planning Manager 06/22/2023 (510) 620-1220 [email protected] Eduardo Martinez, Mayor Pamela Christian the City of Richmond 60 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Supplementary Information (Required)

1. Action Plans
a. Please summarize steps taken during the reporting period to implement the actions, programs, and measures called for in the applicable Action Plan for Routes of Regional Significance:
b. Attach, list, and briefly describe any General Plan Amendments that were approved during the reporting period. Please specify which amendments affected ability to meet the standards in the Growth Management Element and/or affected ability to implement Action Plan policies or meet Multimodal Traffic Service Objectives (MTSOs). Indicate if amendments were forwarded to the jurisdiction’s RTPC for review, and describe the results of that review relative to Action Plan implementation:

Richmond
See Attachment 1.a. See Attachment 1.b.ii.
61 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Provide a summary list of projects approved during the reporting period and the conditions required for consistency with the Action Plan:

2. Development Mitigation Program
a. Describe progress on implementation of the regional transportation mitigation program:

3. Address Housing Options
a. Please attach a report demonstrating reasonable progress in providing housing opportunities for all income levels. (Note: A copy of the local jurisdiction’s annual report (Tables A thru C) to the state Department of Housing and Community Development (HCD) is sufficient).

PLEASE ADD ATTACHMENTS TO END OF PDF
Richmond
See Attachment 1.b.iii. The City of Richmond implements the regional transportation mitigation program established in the West Contra Costa Subregional Transportation Mitigation Program by levying subregional transportation program fees. The City further implements its transportation mitigation program by levying developer fees on certain types of new development within the City per the fee schedule set forth in the Richmond Municipal Code.
62 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021
Please attach the jurisdiction’s adopted policies and standards that ensure consideration of and support for walking, bicycling, and transit access during the review of proposed development.

PLEASE ADD ATTACHMENTS TO END OF PDF

4. Traffic Impact Studies
Please list all traffic impact studies that have been conducted as part of the development review of any project that generated more than 100 net new peak hour vehicle trips. (Note:

Lower traffic generation thresholds established through the RTPC’s Action Plan may apply).

Note whether the study was consistent with the Authority’s Technical Procedures and whether notification and circulation were undertaken during the environmental review process.

5. Participation in Cooperative, Multi-Jurisdictional Planning No attachments necessary
Richmond
See Attachment 4.a.
63 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

6. Five-Year Capital Improvement Program
Please attach the transportation component of the most recent CIP version, if the Authority does not already have it. Otherwise, list the resolution number and date of adoption of the most recent five-year CIP.

7. Transportation Systems Management Program
Please attach a copy of the jurisdiction’s TSM ordinance or list the date of ordinance or resolution adoption and its number.

Richmond
See Attachment 6. See Attachment 7.
64 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

8. Adoption of a voter-approved Urban Limit Line
The local jurisdiction’s adopted ULL is on file at the Authority offices. Please specify any actions that were taken during the reporting period regarding changes or modifications to the voter approved ULL, which should include a resolution making a finding of consistency with Measure J and a copy of the related public hearing notice.

9. Adoption of the Measure J Growth Management Element
Please attach the adopted Final Measure J Growth Management Element to the local jurisdiction’s General Plan or list the date of ordinance or resolution adoption and its number.

10. Posting of Signs
Provide a list of all projects exceeding $250,000 within the jurisdiction, noting which ones are or were signed according to Authority specifications.

Richmond
The City of Richmond City Council adopted the Contra Costa Measure L Urban Limit Line (ULL) in October 2008. A copy of the resolution is provided as Attachment 8.

There were no actions taken during the reporting period regarding changes or modifications to the City's ULL.

See Attachment 9.
65 Measure J GMP Compliance Checklist Attachments
Reporting Jurisdiction: _______________________________________ For Fiscal Years 2021-22 and 2022-23
Reporting Period: Calendar Years 2020 & 2021

11. Maintenance of Effort (MoE)
Please indicate the jurisdiction’s MoE requirement and MoE expenditures for the past two fiscal years (FY 2019-20 and FY 2020-21). See the Instructions to identify the MoE requirements.

12. Submittal of LSM Reporting Form and Audit Reporting Form Please attach LSM (Summary) Reporting and LSM Audit (Detail) Forms for FY 2019-20 and FY 2020-21.

PLEASE ADD ATTACHMENTS TO END OF PDF

13. Other Considerations
Please specify any alternative methods of achieving compliance for any components for the Measure J Growth Management Program
Richmond
Not applicable.
66

Page 1 of 2 ends

July 11, 2023
Community Development
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager
Subject: [Title] Second Contract Amendment with Chain Link Fence and Supply, Inc. for Proposed Fence Repairs and
Swing Gate Installation
FINANCIAL IMPACT: [Title]

PREVIOUS COUNCIL
ACTION:

February 28, 2023, and March 7, 2023

STATEMENT OF THE
ISSUE:

City staff is requesting City Council authorization to
execute a second contract amendment related to
implementing components of the Castro Encampment
Resolution Project. The second amendment with Chain
Link Fence and Supply, Inc. is to install a swing gate and fence repairs to secure access to the encampment site.

The contract amendment will be paid using grant funds
received for the project.

RECOMMENDED ACTION:
(This will appear on the
agenda)
APPROVE a second amendment to the contract with
Chain Link Fence and Supply, Inc. to increase contract
amount by $12,000, for a new total contract amount of
$105,538, to be paid using grant funds received for the Castro Encampment Resolution Project, for swing gate
installation and fence repairs at the Castro Encampment, with a term extending through December 31, 2023 –
Community Development Department (Lina
Velasco/Jesus M. Morales 510-620-6706).

AGENDA
REPORT
67

Page 2 of 2 ends

July 11, 2023
DISCUSSION:

Fencing at the Castro Encampment
Part of the security enhancements for the Castro encampment include new fencing to replace fencing that has been damaged and/or removed. City staff is also recommending the approval of a second amendment to the contract with Chain Link Fence and Supply Incorporated (Chain Link). Public Works is currently in contract with Chain Link. To expedite the fence construction, City staff is proposing a second amendment to the contract scope and amount to include the cost of installing a swing gate on the entry to the Castro Street cul-de-sac, repairing existing fencing, and any other security fencing enhancements needed at the Castro encampment. The total contract amendment is for $12,000, bringing the new total not-to-exceed amount to $105,538.

Most of the site fencing at the Castro encampment has been replaced. However, some sections that were not accessible have been removed or damaged and are not providing sufficient security for the encampment. This work was not included as part of the original bid. In addition, to further secure the site and control the illegal dumping that occurs on Castro Street, a swing gate will be installed at the entry to Castro Street by Fred Jackson Way. Under the proposed contract amendment Chain Link will furnish and install one (1) EA double swing pipe gate with an opening of 25 feet with a lock box so Richmond Police and Fire Departments can access the site when necessary.

The second contract amendment with Chain Link will help the City achieve the goals of securing the encampment and preventing illegal dumping on Castro Street following the June 30, 2024, sunsetting of the encampment. All residents at the encampment have been transitioned into temporary and/or permanent housing. Work continues toward finding permanent housing for all residents and providing them services. All vehicles have been removed and the site has been cleared of all debris.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Amendment No 2
Attachment 2 – Amendment No 1
Attachment 3 – Original Standard Contract with Chain Link Fence & Supply, Inc.

Attachment 4 - Map
68 CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Attachment 1
69 Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
70 Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

Service Plan
72 For Contract Amendment#2 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

EXHIBIT A

SECURITY FENCING BUDGET
Contractor shall, to the satisfaction of the City’s Community Development Department, perform the following services and be compensated as outlined below. The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of Contractor’s performance per ongoing evaluation.

Service Specifications.

1. The Contractor will furnish all necessary personnel/labor, equipment, materials, and supervision to install the fencing and laydown bollards outlined in the bid dated May 23, 2023 following.
73 For Contract Amendment#2 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

74 For Contract Amendment#2 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

EXHIBIT B
BUDGET
Chain Link Fence & Supply Inc
Fence installation at Castro Encampment
Original Contract Amount $ 24,509
Ist Amended Contract $ 69,029
2nd Amended Contract $ 12,000
Total Contract
Amount $ 105,538
75 ___ 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 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.
76 ___ 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.

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. 77 ___ 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.
78 79
80 81
82 83
84 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Community Development Project Manager: Jesus Morales Project Manager E-mail:

[email protected]
Project Manager Phone No:
(510)620-6649
P.R. No: Vendor No: 13444 P.OJContract No: ,6399Description of Services:

Perimeter fencing installation and removal at Castro Street Amendment No. 1 modifies the: (2nd or subsequeniamendments attach Amendment History page) erm, Payment Limit and Service Plan
DTerm and Service Plan
Payment Limit and Service Plan
Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Chain Link Fence & Supply, Inc.

Company Name:Street Address: 7550 HAWTHORNE AVE.City, State, Zip Code: Livermore, CA 94550Contact Person: Danny Gonzalez Telephone: (209) 938-7330
Business License No: 40063959
Email:

STE.2
danny(3
jLExpjration Date:
jfencesupply.com
December 31, 2023
A California [/] corporation [—j limited liability corporation Q general partnership, limited partnership, [—] individual, || non-profit corporation, individual dba asTspecify:]
other [specify:]

2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on February 21,2023 , which original term commencedon February 21, 2023 and terminatescontract payment limit of $24,509.00 June 30, 2023 with an original
. Said contract shall hereinafter be referred
to as the "Original Contract" and is incorporated herein by reference.

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

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

CITY OF RICHMOND, CALIFORNIAa municipal corporation
DocuSigned by:

By J ^j^oJrfj) AWu/Lt^
-086C427628CC481...

CONTRACTOR:

Chain Link Fence & Supply, Inc.
(*The Corporation Chairperson of the Board, President or Vice-President should sian on the line below.)
DocuSigned by:

Title:

I hereby certify that the Original Contract
and this Amendment have been approved
by the City Council or executed by the CityManager.
•DocuSignedby:

By J fwtLz ftnsflflU.
•C6643BFF4A43406...
3y_ UUJA^ ^{ff^djL^
Title:
-67E7EF32ADC04C9...

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

By:_ ^ItA. Sf<UAi(^
Title:
•F1FCB7AF79EE423...

Controller
Approved as to form:

DocuSjgned by:
,%-
By_
•OF098(
Lt.1.^1 I 1^/J
ftrOF098C1E4C50485...

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is acorporation or nonprofit organization, thisContract (1) should be signed by theChairperson of the Board, President or Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform todesignated representative groups pursuant to Corporations Code Section 313.

Contract Amendment/EJ/TE 09-26-07
86 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA Contract Amendment between the City of Richmond and
Chain Link Fence & Supply, Inc.

Amendment No. P.O./Contract No.
1 /6399
AMENDMENT PROVISIONS (TERM. PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
February 21, 2023
(Insert original contract commencement date)
and it terminates
December 31, 2023
(Insert new contract termination date)unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 69,029.00 Paragraph 3 of the OriginalContract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 93,538.00 including expenses."
"The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of theCity Council if the total Contract amount is over $10,000."

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

Contract Amendment/EJ/TE 9-26-07
87 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA For Contract Amendment#1 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

EXHIBIT A

SECURITY FENCING BUDGET
Contractor shall, to the satisfaction of the City's Community Development Department,perform the following services and be compensated as outlined below. The Cityreserves the right to adjust the Service Specifications, Timeline, and Project Outcomesof Contractor's performance per ongoing evaluation.

Service Specifications.

1. The Contractor will furnish all necessary personnel/labor, equipment, materials, and supervision to install the fencing and laydown bollards outlined in the biddated February 6, 2023 following. 88 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA For Contract Amendment#1 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

CHAINLINK
765U Hawlhorne Ave Sle Z
Liverniorc, CA 94550
Cauriiriila Conlraclwa' Ucensc NunibH- 7Z04M. OIK 1UUIKJUV2S Fence Construction Proposal & Contract
Customer: ATTN; Mark MaItagliaU
CUyOfRicliniond3201 LcurwAvpniiL*
Rirhroond. r.A 94804
Phone:C>Z5)6(Hi-S167
FAX:(925)606-99,M
F-niaU: H:ttiny(ff\fL'TireMtpply.rotii
Customer Phone:

Customer FAX:

Job/Projed; RV Shelter Site ne.ir Henslc;' St & Cisli o Sl PpnE]iflter('*ent-ingH<'n]y\';il&ln^nl]iitton
aulnUntFm
Bid Item
"A"
1 (i Supply Inc.

Sfcuui."
"A""B"
Bcscripliun
furnish and install approx. 15ti01 of6'highch,iin link with gwpnpdsslats(110%). Rcmnw ] 100' ofcxlsUng 2"-l)g;i-h' higt) chain link, llepliicc nil nniic1 7/U" eye tops ,'ilon^with .illofthr- Fittings. Newfe.ncelinfttocQnsisfrofmpw;op& bottom ^7CA tension wii-e galvanized. Dig and set 6 ea. New line postsand 2 M. CIatfi / )atdi post tnshill 1 fia. Newrolling gate with an opfining nf1+* wide x 6' high consisting of a standard rulo latch as locking mechanism*bottom double wheel carrier mill 8" DIA. Wheels & 2 ea. Rear sealedblearing wheels plus a rear track forthe new rolling gate on fence. AllLogelher there will be 12 ea. Comer braces as shown on shop drawing.

Laydcwn Bulhrdy
Dig and set 3 ea. 4" bollands 4' high & 3'-6" deep in concrete. New postsLt> be potycslcrcyatcdycliuw &cappcd with cancrclo, Butt hinges to bt*ivelcledun4 pDyLssolbalbutlardsrnaybe laid down Fvr authorizedi/chidoy, Dig St set I vs, 2 7/8" comer poyt for rutun? fenCG ins-tallmcnt;in t*mdsF;iping;ire,i.' Eii"klor.Uion ofrrtnmlt''> bii)"rip)*Lilork-slu b^ bVLitJii';!'^1' Police escoit mil be needed & provided by oUiepJ '' InsUllnwnt nffein-o fv tilidft s't^ to l? rontiiinu^;J' All debris from fence to be removed ^head of Lime bv tenants * Qtitthtily
lea7
lea.

UnltPrlw
Lump SumLump Sum
7oc«/.'
Tulal
60,06().00
S.fi76.0U
Shs.j-noo
Ouallficntlons:

All;.r^^!m-3anil^1^t^K^UII^^R^A-l^rcnnRi-p.-Uy,ad^eth?^r-le^^.^^^ Allr*^?^;,im't^Ai1ii>-t'bU!ri~lbyat:ton-i=T, s?tds.'tlfi..-il^L-t^.E'[hL'.<.T»tr-a.it aj-:re.+iji! inda!]i'3')Cing2>:eonI^t§io;iduAfyAiT;i^Td; Fmn u to foil&wststmg ground hne;tLi!e--jctha--i'i;<).iwitel at'o'/<: Allol>Mn]cti:<ul^may^t'Tla'cwriid-[Cffcd;:-^c'flheia]^^lIbc^;n»'/riby<Ujl'i';pneir lothcAlrt oift:nc<'inrfiiIlflt^'-(i^i<:'cT}.-3L;et':-CLEF^ Curi^rrd u-Jcn.fuJ:'^ i"LF32Til^gn?^;t<.:iil3i'yJ CLPiSTV[fcrc^:'(;dt^cLnrr-;fni'Jet:--c2ny(iiUrai';tt]E:tu'iBj;lhuito urid'3'^T'"un'lwat(T,i;iciAj:aUclq'hon':, ^<,;...WTtTDU)iruli1ily1itu;;; -NOTE FUI-I, PATI-ffi^^TtS m?K'tTP>1iN'Crjl^n,ia']01'T CUi4^}^^^'^t.iii^u fniia:;-<-rt^".-:^ l-l^.°^rirm^ii3iraili!i'iili^^»^r>it)MT; ?Q d-y--pu?i <ti(. L^:iUi",-.'wiHl.i.-:
f;t;Jl!>y';unM?rif£yil~:t3aia3i.?ntsri-^s'^' CU'^ ir rjll1; ituu"e-l Ansj^itf;rulf'5A?T)lH'?-"hM'^'ir'''f''(h-*thaiFt&T^5rJ triajrsr,wpr'?c'l l'1':'T/KT5^yrfrtU^.^tyTOli?;vA-3Tvi-'-?Ff<';iiiidinwntin,; l;.:adtn^L; nst m'Aj-k-j. unl<k;; ^'^;itiialt'/ riAt':';
f lain I.ink Fence & Supply, Inc.Accepted By:
;Plf^(--T^tH:U;i-.

By: Danny Con/alf/,
i^> .(:w .mil D.ili-'!
Miyrr pRi.;.r y/ii ID mp ?.o DAYSOR TI ic TIMF STATFD IN Tiir RroursT roF; l.-.llll:'TATIO!.l Will C.irVFR I Date:Date;
Si.-.RrftTFS
2/6/2023.
89 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA For Contract Amendment#1 between
the City of Richmond and
Chain Link Fence & Supply, Inc.

EXHIBIT B
BUDGET
Chain Link Fence & Supply Inc
Fence installation at Castro EncampmentOriginal Contract Amount1st Amended Contract Total ContractAmount
$ 24,509
$ 69,029$ 93,538
90 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA Contract Ajnendment_between the City of Richmond and
Chain Link Fence & Supply, Inc.

Amendment No. P.O./Contract No.
1 /6399

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on_for one or more of the
following provisions (check those that apply):
[Z] Increased contract payment limit by $ 69,029.00 _for a payment limit not to exceed $ 93,538.00 _ _ .
13 Term Amendment (insert new termination date): 12/31/2023 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on_ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $ _for a payment limit not to exceed $ 93,538.00 _.

Term Amendment (insert new termination date):.

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

Increased contract payment limit by $ _for a payment limit not to exceed $ 93.538.00
Term Amendment (insert new termination date):.

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

D Increased contract payment limit by $ _for a payment limit not to exceed $ 93,538.00
Term Amendment (insert new termination date):.

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

Increased contract payment limit by $ , for a payment limit not to exceed $ w R.^R nn ' ' .

D Term Amendment (insert new termination date):.

Service Plan
91 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA . Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
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 orsupplies, insurance against claims for injuries to persons or damages to property which may arise from or in connectionwith 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 CommercialGeneral 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 CIT»' 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 forgeneral 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 ofCONTRACTORS work.

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

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

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

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

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language,

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

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

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

7. Contractor's Pollution Liability (.if applicable for Construction Contractors) Required Coverage
Workers' Compensation and
Employers' Liability
Minimum LimitsStatutory 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) thancontractor must sign "Contractor Release of Liability" found at:
http://www.ci. richmond. ca. us/index.aspx?nid= 61 .

Type 1 - Page 1 of 4
Revised: September 2011
92 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
General Liability
(primary and excess limits
combined)Automobile Liability
Builders' Rlsk/Course of
Construction - Covers property
under construction, repair orrenovation as well as equipment and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (ifapplicable)
Protects against:unexpected/unintended release ofpollution resulting from contractors covered operations such as;
HVAC, paving, carpentry, pipeline
& tank Installation, drillers,remedlation contractors,maintenance, mechanical,demolition, excavation, grading, street/road construction,
residential & commercial builders.

PROJECT COST
$0 - $5 million
$5 million - $10 million
Over $10 million
Fireworks

REQUIRED LIMIT
$2 million p/o$5 million p/o
$10 million p/o
$5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage forXCU perils (explosion, collapse, or damage to underground property), If the policy includes a general aggregate, either the general aggregate shallapply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4million aggregate limit), Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
$1,000,000 per occurrence for bodily injury and property damage, Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, Including soft costs andbusiness Interruption.

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

The City of Richmond shall be named as loss payee as its interest may ^agjieaj^J^he^lnsyrer shall waive all rights of subrqgatiqn agafnst Clty^ Same limits as General Liability.

Required Policy Conditions
A, M. Best RatingAdditional Insured Endorsement
\\..

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.

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 notlimited to bodily Injury, deaths and property damage or destruction arising inany respect directly or indirectly in the performance of this contract.

JSO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operationscoverage. If it does, then CG 20 37 (10/01) Is also required.

Type 1 - Page 2 of 4
Revised: September 2011
93 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Additional Insured Endorsement
(continued)
Primary and Noncontributory
Waiver of SubrogatlonEndorsement Form
Deductibles and Self-InsuredRetentions
Loss Payable Endorsement (only
required when Builder's Risk
and/or Course of Construction
Insurance is required.)SURETY BONDS
(If a Public Works/EngineeringProject)
SAMPLE Endorsements can be found at
http://www.ci.nchmond.ca.us/indei(.ast}x?nid=61
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 fromthe insurance of the contractor and in no way relieves the contractor from itsresponsibility to provide Insurance.

Contractor's insurer will provide a Waiver of Subrogation In favor of the Cityfor 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.asox?nid= 61
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 deductibtes or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal tothe deductible or setf-insured retention guaranteeing payment of losses andrelated Investigations, claims administration and defense expenses.

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

Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee,
The Contractor shall provide;
1, A Bid bond2. A Performance Bond

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

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance mustbe 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 clalms-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. , '
I
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of eitherCONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance isobtained by CONTRACTOR, and/or CONTRACTOR'S subcontractors, will not be deemed to release or diminish the liabilityof CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITi' from CONTRACTOR or any third party will not be limited by the amount of the required Insurance coverage.

Type 1 - Page 3 of 4
Revised: September 2011
94 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Verification of CoverageA[| original certificates and endorsements shall be received and approved by the City before work may begin. The Cityof 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 CoverageCONTRACTOR, 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 untilinsurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's Insurancerequirements, the City may take such action as it deems necessary to protect the City's interests. Such action mayinclude but is not limited to termination of the contract, withholding of payments, or other actions as the City deemsappropriate.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, termsand conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

CancellationCONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except afterthirty (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 affectcoverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be j'udged 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 andthus enforceable.

Type 1 - Page 4 of 4
Revised; September 2011
95 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA ACORCf CERTIFICATE OF LIABILITY INSURANCE DATE (MMmO/YYYY) 1/19/2023

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).

PRODUCER
Pinnacle Brokers - Northern California
2125 Ygnacio Valley Road, Suite 200
Walnut Greek CA 94598
Licensee OM93239:

INSURED
Chain Link Fence & Supply, Inc
7650 Hawthorne Avenue, Suite 2
Livermore CA 94550
CHAILIN-01

CONTACT
NAME;FAHOTNEO.EXH; 925-952-8680 FAXE-MAIL
ADDRESS:
%S. N01:925-952-8681
_INSURER(S| AFFORDING COVERAGE
INSURER A : Valley Forge Insurance CompanyINSURER B : Continental Casually CompanyINSURER c: The Continental Insurance Company JNSURER D : Republic Indemnity Company of California
INSURER E:INSURER F:

NAICff
20508
2044335289
43753
COVERAGES CERTIFICATE NUMBER: 438240586 REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

JNSRl
LTR
ABcDA

TTPE OF INSURANCE
x COMMERCIALGENERAL LIABILIF/
CLAIMS.MADE I X | OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER;
POLICY I x I S'i
_QTHER:

AUTOMOBILE LIABILITY
xxx

ANY AUTOOWNEDAUTOS ONLYHIRED

AUTOS ONLY
.(IT APPLIES PER;°f a LOG/
x

UMBRELLA LIAB

EXCESS LIAB
s<AlN(At
<

HEDULEDTOS

N-OWNED

TOS ONLY
OCCURCLAIMS.MADE
DED I n I RETENTIONS in nnn
WORKERS COMPENSATIONAND EMPLOYERS' UABILirT y; NANYPROPRIETOR/PARTNEWEXECUTIVEOFRCER/MEMBER EXCLUDED?(Mandatoiy in NH)If yes, describe underDESCRIPTION OF OPERATIONS below Installation Floaler CovRanled;Leased Equipmsnl
wot
INSD
Y
N/A
3UBRWVD
Y

POLICY NUMBER
6079820911
60798209256079820942
15764121
6078820911
JOLiCYEFF
(MMfbb/YYYYt
1/1/20231/1/2023
1/1/2023
1/1/20231/1/2023
POUCYHW"
(MMibb/YWY)
1/1/2024
1/1/2024
1/1/202-1
1/1/2024
1/1/2024
LIMITS

EACH OCCURRENCE
DAMAQETO RENTEDPREMISES (Ea occurre.ncejMED EXP (Any one person)

PERSONAL & ADV INJURYGENERAL AGGREGATE
PRODUCTS. COMPfOP AGG
COMBINED SINGLE LIMIT(Ea accidanl)
BODILY INJURY (Per person)
BODILY INJURY (Per accident) |PROPERFl' DAMAGE(Per accldenll Comp/Coll Ded

EACH OCCURRENCEAGGREGATE
PER I I OTHgATUTE,L_jER_
E-L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEEIE.L DISEASE - POLICY LIMIT
LimitLimit
$1,000,000S 100,000$5,000S 1,000,000$2,000,000S 2,000,000s S 1,000,000
sssS 1,000
34,000.000
34,000,000^s
S 1,000,000
S 1,000,000si,aoo,ooo
$250000
$100000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101. Addlllonal Remarks Sclicdulo, may lan gltachod If more space Is required) Re: Pl. Molate Fence Project.

Additional Insured, Primary & Non-Contributory and Waiver of Subrogation coverage is granted in favor of The City of Richmond, its officers, officials, employees, agents and volunteers per the attached endorsement forms.

CERTIFICATE HOLDER CANCELLATION
Cily of Richmond
Alln: Janice Lee
3201 Leona Ave
Richmond CA 94804

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

AUTHOBIZEO REPRESENTATIVE
cti ^^
ACORD25(2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

SCHEDULE
Name of Additional Insured Person Or OrganizationANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTENAGREEMENT TO NAME AS AN ADDITIONAL INSURED.

1. In conformance with paragraph A.1.C. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreementexecuted prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.

Form No: CNA71527XX (10-2012)
Endorsement Effective Date:Endorsement No: 12; Page; 1 of 1Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date;
Policy No: BUA 6079820925Policy Effective Data: 01/01/2023Policy Page; 63 of 1 24 ' Copyright CNA All Rights Reserved. 97
DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA CVA Business Auto Policy I'olicy Lmlui'yemcni
I W''-lM:!!;ni'l; nl?f")t'i'.;;!;|':!iul; l^tri!!l'r.,,'ni; i?|;icip!.Ai;!;;;i" ^•.>''.')l>1r-:']f'rl'![];:l;iF(:, U!(!iil!!".(Mf^>-):i;;ilul; •^!l|^;('il'.i,-\]|ll(j(pM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following;

AUTO DEALERS COVERAGE FORMBUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: CHAIN LINK FENCE & SUPPLY INCEndorsement Effective Date: 01/01/2023SCHEDULEName(s) Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization, Form No: CA 0444 10 13Endorsement Effectivs Data:

Endorsement No: 4; Page: 1 of 1
Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date:

Policy No: BUA 6079820925Policy Effective Date: 01/01/2023Policy Page: 46 of 124 *-' Copyright Insurance Services Office, Inc., 2011 98
DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA

CWA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors" with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

WHO IS AN INSURED is amended to Include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract,
s III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide i such additional insured with:g A. coverage broader than required by the written contract; or g B. a higher limit of insurance than required by the written contract. I9 IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and

2. supervisory, inspection, architectural or engineering activities; or B, any premises or work for which theladditional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. .

V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:

CNA75079XX(10-16) Policy No: 6079820911

Page 1 of 2 ends

VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2023 Insured Name: CHAIN LINK FENCE & SUPPLY INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wllh Its permission. 99 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA

CWA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:

Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However,if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does notapply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receiveswritten notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily Injury or property damage; or

2. the offense that caused the personal and advertising injury;for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law.All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes 'effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, andexpires concurrently with said Policy.CNA75079XX(10-16) Policy No: 6079820911

Page 2 of 2 ends

Insured Name: CHAIN LINK FENCE & SUPPLY nic
Copyright CNA Ail Rights Reserved. Includes copyrighted material of Insurancs Sen/ices Office, Inc., wilh its permission. 100 DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA

CWA CNA PARAMOUNT
General Aggregate Limit - Per Project Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:

A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and
B. all medical expenses under Coverage C;
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General AggregateLimit applicable to any other project.

II. All:

A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the productscompleted operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project,
will reduce the General Aggregate Limit shown in the Declarations.

III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General AggregateLimit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project.

IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard willreduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number ofprojects involved, I V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, § specifications or timetables, such project will still be deemed to be the same project.

VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

All other terms and conditions of the Policy remain unchanged.This endorsement, which Tonns a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour slated in said Policy, unless another effective date is shown below, andexpires concurrently with said Policy.

CNA75061XX(1-15)

Page 1 of 1 ends

VALLEY FORGE INSURANCE COMPANY
Insured Name: CHAIN LINK FENCE & SUPPLY INC
Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc., with ils permission.

Policy No: 6079820911
Endorsement No: 4
Effective Date: 01/01/2023
101
DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA

CWA CNA PARAMOUNT
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A

CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT:

1.IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART/ AND

2.WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

CNA75008XX(10-16)Page 1 of 1

VALLEY FORGE INSURANCE COMPANY
Insured Name: CHAIN LINK FENCE s SUPPLY INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Senrtces Office, Inc., wilh its peimisston.

Policy No:

Endorsement No:

Effective Date:
6079820911
7 01/01/2023
102
DocuSign Envelope ID: 803953C5-1F91-4CA2-B920-6B89B2E894DA WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent thatyou perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
State
California
Person or Organization
All persons or organizationswhom the Named Insured has
agreed by written contract to
furnish this waiver.

Job Description
All jobs whom the Named
Insured has agreed by written
contract to furnish this waiver.

The charge for this endorsement shall be 3% of total manual premium, subject to a minimum premium of $100.This charge will be billed on your next invoice based on current manual premium, and the final charge will becalculated and billed at the final audit.

WC 00 03 13
(Ed. 04-84)
© 1983 National Council on Compensation Insurance.
1of2
Insured Copy 103
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

CITY OF RICHMOND

STANDARD CONTRACT
Department: Public Works - ParksProject Manager E-mail:
[email protected]
PR No: Vendor No:13444
Project Manager: Janice LeeProject Manager Phone No:
(510)231-3004
P.O./Contract No: 6399
Description of Services:

Fencing Project at Pt. Molate
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

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

Chain Link'Fence & Supply, Inc.

Company Name:Street Address: 7650 Hawthorne Avenue, Suite 2City, State, Zip Code: Livermore, CA 94550Contact Person: Danny Gonzalez Telephone: (209) 938-7330 Email: [email protected]
Business License No: 40063959 / Expiration Date: December 31, 2023 A California
partnership,
individual dlother [specify:]
corporation, Q limited liability corporation || general limited partnership, |I individual, Q non-profit corporation, aa as [specify:]
Term. The effective date of this Contract is February 28, 2023 and itterminates June 30,2023 unless terminated as provided herein.

Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 24,509.00 . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved bythe City Council or City Manager.

Contractor's Obligations. Contractor shall provide those sen/ices 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.City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and areincorporated herein by reference, subject to ail the terms and conditions contained or incorporated herein.
104
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

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
a municipal corporation
By €A>A^ AWl'lAZ^
.086C42762BCC481...

Title:

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

DocuSlgned by:

CONTRACTOR:

Chain Link Fence & Supply, Inc.
(* The Corporation Chairperson of the Board,
PresidgDtipj^Q^p^sident should sign below)
g UWAJ^ SW^tf
^rtLn/u^uy...

Title: President
locuSigned by:
fowd^ ft^'sK"
Date Signed: 3/1/2023
'AWUA t/^U^STCUA-
-enrm00-
Approved as to form:
•DocuSignedby:

Rif
(* The Corporation Chief Financial Officer,
Secr^taryeiustfflBtEtfait Secretary should sign below)
tyvA.
2DOE1FA0713D46A...

Fclotiiy1A%8f'ney
DocuSlgned by:
fciu'il (jjwMm^
Title: Controller
Date Signedi
3/2/2023
-A87S39EDCCFE427...

LIST OF ATTACHMENTS:

Service PlanPayment Provisions
Authorized Representatives and Notices
General ConditionsSpecial Conditions
Insurance Provisions
Standard Conlract/EJ/TE 9-26-07
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporationor 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.

Exhibit A
Exhibit B
Exhibit C
Exhibit DExhibit EExhibit F
105
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 For the Contract between the City of
:rehce & Supply, Inc. :hcahi?c?edn

EXHIBIT A

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

Site 1 - Bio-swale:

Near Bio-swale containment pond North of Quonset storage buildings along Stenmark Drive (location is just North of Point Molate Beach Park).

Replace 70 feet of 7ft height (84in) 9-gauge fence fabric.

Replace 6 fence post.Straighten 2 fence post which are slightly bent or replace as required.

Replace top rail and lower tension wireMatch any hardware as close as possible.

Remove all demoed material.

Site 2 - Administration Building:

North of first site 1 about a quarter mile near military flagpole. On Westside of Stenmark near the military Administration building (Winehaven).

Replace 110 feet of 6ft height (72in) 9-guage fence fabric.Replace 9 fence post.

Replace top offence with Barbed wire and holders.

Replace tension wire top and bottom.

Match any hardware as close as possible.Remove all demoed material.Site 3 - Gun Range:North of second site about one half mile, on Westside of Stenmark Drive, across road fromPolice gun range.Replace 120 feet of 7ft (84in), 9-guage fence fabric.Replace 11 fence post.

Replace tension wire top and bottom.

Match any hardware as close as possible.

Remove all demoed material.
'<
Contractor responsible for damages to COR property.

SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE STATEMENT Contractoragrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18).
106
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 For the Contract between the City of?i1<MiMiGe & Supply, Inc.

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICESTHAT 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 provideback-up material upon request.

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

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager:^aniceLe^ _ Department: Public Works - ParksPO Box 4046Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Janice Lee _ 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. 107
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 For the Contract between the City of
Tain^.mk^-ence & Supply, Inc.

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:

Janice Lee
City of Richmond
3201 Leona Avenue
Richmond, CA 94804-0046

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

Danny Gonzalez
I
Chain Link Fence & Supply, Inc.
'< ...... . ....._.. ..._ .._._
7650 Hawthorne Avenue, Suite 2
Livermore, CA 94550
108
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

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 theindependent 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 materialsprepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemedassigned 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 Actrequest seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, Copvriahts and Riqhts in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original worksof authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resultingfrom activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusiveright 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, fullypaid-up, royalty-free, assumable, perpetual, worldwide license, with theright to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJH-E 09-26-07 1 Of 12
109
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 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 deemnecessary 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 intellectualproperty 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 fileany 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 attorneyis coupled with an interest and shall not be affected by Contractor'ssubsequent 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 ofCalifornia, 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 uponreasonable notice.

6. Services. The project or services s'et forth in Exhibit A shall be performed to the full satisfaction and apprbval of City. In VrtG event that the project or services set forth in Exhibit A are also itemized by price, City, in its solediscretion, 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.

General Conditions/EJ/TE 09-26-07 2 Of 12
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 Contractor shall, at its own cost and expense, furnish all facilities andequipment necessary for Contractor to complete the project or perform theservices 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 aperiod 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 authorizedrepresentatives of the CITY, the State of California, and the United StatesGovernment.

Contractor shall keep full and detailed accounts, maintain records, andexercise such controls as may be necessary for proper financialmanagement under this Contract. The Contractor's accounting andcontrol 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 thisContract, 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 presen/e 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 theproject 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 andverifying statements, invoices, or bills submitted by Contractor pursuant tothis Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

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

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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 Pursuant to California Government Code § 10527, the parties to thisContract shall be subject to the examination and audit of representativesof 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 thisContract.

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/orchanged 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 suchunauthorized work and Contractor thereafter shall be entitled to nocompensation 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 constitutesextra work, Contractor shall promptly notify City of the fact. The City shallmake 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 shallprovide extra compensation to Contractor on a fair and equitable basis. Achange order or Contract Amendment providing for such compensation forextra work shall be negotiated between City and Contractor and executedby 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 determinationmay 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'sdetermination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
(. y

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditlons/EJ/TE 09-26-07 4 Of 12
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 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 shallproceed in accordance with the changes and extra work provisions ofSection 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 performin accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its solediscretion, 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 theproject 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 becompensated 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 tocancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project orservices 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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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

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

Notwithstanding the foregoing, in the event a particular design, process orproduct of a particular manufacturer is specified by City in writing, City General Conditions/EJ/TE 09-26-07 6 Of 1 2
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 shall defend, indemnify and hold Contractor harmless from any suits or claims of patent or copyright infringement arising out of Contractor's use of those specified designs, processes or products. City does not, however, consent to or authorize the unauthorized, unlicensed or otherwiseimpermissible use of any patented or copyrighted designs, processes, orproducts by Contractor. Therefore, if Contractor has any reason to believe the use of a specified design, process or product would result in the infringement of any patents or copyrights, Contractor shall promptly provide written notice thereof to City.If Contractor is subject to a claim of patent or copyright infringement, then Contractor hereby agrees to provide City prompt notice of any such claim,and to permit City to assume and control the defense of such action, withcounsel selected by City. Contractor shall not enter into any settlement of any such claim without City's prior written consent, which shall not be unreasonably withheld.

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safetyrequirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility for the safety of Contractor's employees and anysubcontractor'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 forthin said Exhibit F.

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

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment General Conditions/EJ/TE 09-26-07 7 of 12
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the RichmondMunicipal 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 potentialsubcontractor.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 athttp://www.ci.richmond.ca.us/workDlacepoticies . Contractor agrees toabide by the terms and conditions of said policies.

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

Contractor acknowledges that the services which Contractor shall provideunder this Contract are unique, personal services which, except asotherwise 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 theexecution 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.

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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 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 Contractoris a partnership or joint-venture or syndicate, which shall result in achange 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.lnteciration. 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 ordocuments 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 GeneralConditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In theevent of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

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

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

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that theperformance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials notrelated to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, General Conditions/EJ/TE 09-26-07 9 Of 12
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonablecontrol 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 andCity 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 beyondContractor's control, and such delays shall extend the times forperformance 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 confidentialiy, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

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

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

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

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

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
(i -31 .Nonrenewal. Contractor understands and agrees that there is no i,; representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure General Conditions/EJ/TE 09-26-07 10 Of 12
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 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 afteraccrual 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; theproduct shall be delivered to the City free from any security interest orother lien; the product meets any specifications contained herein; theproduct shall be free from material defects in materials and workmanshipunder 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 invalidby any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor's performance, or payments General Conditlons/EJ/TE 09-26-07 11 Of 12
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 therefore, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall theCity 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 sameperson, or if this Contract results in the placement of taxableimprovements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interestsubject 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 thisContract.

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review ofsubmittats, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be madeby 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 Noticeof Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment, i
•i,;

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.

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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 For the Contract between the City of
MRPEfffMce & Supply, Inc.

EXHIBIT E

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

None
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 For the Contract between the City of
:ence & Supply, Inc. )P(J and lain LinK hen

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 insurancerequirements specified in the insurance provisions which are attached hereto andincorporated herein by this reference. 122
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
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 orsupplies, insurance against claims for injuries to persons or damages to property which may arise from or in connectionwith 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 CommercialGeneral Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR, hereby grants toCITY, 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 forgeneral liability, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approvedby the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurancerequirements.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;

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.

7. Contractor's Pollution Liability (if applicable for Construction Contractors') Required Coverage
Workers' Compensation and
Employers' Liability
Minimum LimitsStatutory 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:
httD://www.ci.richmond.ca.us/index.asox?nid=61.

Type 1 - Page 1 of 4
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DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers propertyunder construction, repair or renovation as well as equipment
and materials to be installed.
(Only required for ConstructionProjects involving property and equipment installation.)Contractor's Pollution Liability (ifapplicable) Protects against;unexpected/unintended release of
pollution resulting from contractorscovered operations such as:HVAC, paving, carpentry, pipeline & tank installation, drillers,remedjation contractors,
maintenance, mechanical,demolition, excavation, grading,street/road construction,residential & commercial builders.

PROJECT COST
$0 - $5 million
$5 million - $10 million
Over $10 million
Fireworks

REQUIRED LIMIT
$2 million p/o$5 million p/o
$10 million p/o
$5 million p/o
Includes coverage for bodily injury, personal Injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shallapply 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.
$1,000,000 per occurrence for bodily injury and property damage.

Coverage shall include all risks of direct physical loss, excluding earthquake,for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, Including soft costs andbusiness Interruption.If the project does not involve new or major reconstruction, an InstallationFloater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the Improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floatershall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond's site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shal[ waive all rights of sybro^at^ Same limits as General Liability.

Required Policy Conditions
A. M. Best RatingAdditional Insured Endorsement
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.

Applicable fo 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 outof 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.

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Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Additional Insured Endorsement
(continued)Primary and Noncontributory
Waiver of Subrogation
Endorsement FormDeductibles and Self-Insured
RetentionsLoss Payable Endorsement (only
required when Builder's Riskand/or Course of Construction Insurance is required.)

SURETY BONDS
(If a Public Works/Engineering
Project)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index,aspx?nid=61
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.

Contractor's insurer will provide a Waiver of Subrogatlon In favor of the Cityfor Workers Compensation and Builder's Risk/ Course of Constructioncoverage during the life of this contract.

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

Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee.

The Contractor shall provide;

1. A Bid bond
2, A Performance Bond3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made PoliciesIf any insurance policy is written on a claims-made form; 1) the retroactive date must be shown, and must be before thedate 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 ofcontract work.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of eitherCONTRACTOR 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.

Type 1 - Page 3 of 4
Revised: September 2011
125
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 . Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Verification of CoverageAll 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 includingendorsements affecting the coverage at any time.

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

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.Continuous Coverage CONTRACTOR, shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deemsappropriate, 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.

CancellationCONTRACTOR 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 affectcoverage 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.

Type 1 - Page 4 of 4
Revised; September 2011
126
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 AcoRiy CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD/YYVT) 1/19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Pinnacle Brokers - Northern California
2125 Ygnacio Valley Road, Suite 200
Walnut Creek CA 94598
Licenseft OM93299
CONTACTNAME:Ko.Eyn: 925-952-8680MIAIL
ADDRESS;
(T;^. No): 925-952-8681

INSURER(S) AFFORDING COVERAGE
INSURER A: Valley Forge Insurance Company
NAIC#
20508

INSURED
Chain Link Fence & Supply, Inc7650 Hawthorne Avenue, Suite 2 Livermore CA 94550
CHAILIN-01 INSURER a: Continental Casualty Company 20443 INSURER c: The Continental Insurance Company 35289
INSURER D : Republic Indemnity Company of California 43753 INSURER E;INSURER F:

COVERAGES CERTIFICATI NUMBER; 438240586 REVISION NUMBER:

INSR
LTR
AB
c
D
A

TYPE OF INSURANCE
x COMMERCIAL GENERAL LIABILIFr
CLAIMS.MADE | X | OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY | A | JE
OTHER:

AUTOMOBILE LIABILIT/
xxx

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
/IIT APPLIES PER:°f D LOGr
x

UMBRELLA UAB

EXCESS LIAB
S(At
N(
At
<

HEDULEDTOS

N-OWNED

TOS ONLY

OCCURCLAIMS-MADE
DED I X | RETENTION $ mnnn

WORKERS COMPENSATION
AND EMPLOYERS' LIABILIT/ y f NANYPROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBEREXCLUDED?(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below
Installation Floater CovRented/Leased Equipment
WDL
INSD
Y
N/A
SUBR
WVD
Y

POLICY NUMBER
6079820911
60798209256079820942
15764121
6079820911

POLICY EFF
(MM;DD/YYYY>
1/1/2023
1/1/20231/1/20231/1/20231/1/2023

POLICY EXP
(MIWDD/YYYY1
1/1/20241/1/2024
1/1/20241/1/20241/1/2024
LIMITS

EACH OCCURRENCE
DAMAGE TO RENTEDPREMISES (Ea occurrence)MED EXP (Any one person)PERSONAL & ADV INJURYGENERAL AGGREGATEPRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
fEa accident)BODILY INJURY (Per person)BODILY INJURY (Per accident) |PROPERTY DAMAGEfPer accident! Comp/Coll Ded

EACH OCCURRENCE

AGGREGATE
PER I I OTHSTATUTE I I ER
E.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE!E.L DISEASE-POLICY LIMIT LimitLimit
S 1,000,000$100,000S 5,000$1,000,000$2,000,000$2,000,000$$1,000,000$$$$1,000$4,000,000$4,000,000 s_$1,000,000$1,000,000$1,000,000
$250000
$100000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Pt. Molate Fence Project.

Additional Insured, Primary & Non-Contributory and Waiver of Subrogation coverage is granted in favor of The City of Richmond, its officers, officials,employees, agents and volunteers per the attached endorsement forms.

CERTIFICATE HOLDER
'I,
City of Richmond
Attn: Janice Lee
3201 Leona Ave
Richmond CA 94804
1 CANCELLATION

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

AUTHOglZED REPRESENTATIVE
'-^^^
ACORD25(2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks ofACORD 127 DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 WA Business Auto Policy Policy Endorsemeni:

I /^MDiimcojm. n^iuinijD),- i^sUAt^KW ^ID) li<to]k<)<c)o)k<|ffl;n|;iuj)rtoj;;w It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Person Or OrganizationANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED.

1. In conformance with paragraph A.t.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, I takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effectiveI date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. ^
Form No: CNA71527XX (10-2012)Endorsement Effective Date:Endorsement No: 12; Page: 1 of 1Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date;
Policy No: BUA 6079820925Policy Effective Date: 01/01/2023Policy Page: 63 of 1 24 ® Copyright CNA All Rights Reserved.
128
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 WA Business Auto Policy Policy Endorsemeni:

I W^t\V/|El!ii (01;: •HlsCTk*?13sl (0|^ I MI^V, I] [S (ojr ls^ic?^F];;w /iVc*/'MI?;iri (olifllilEl;;!':-; 'illo) lUjft; (ATOM^;);;) (olr yU|;;.l;{Q)[Ci/^ifltuj|i?|)) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORMMOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: CHAIN LINK FENCE & SUPPLY INC
Endorsement Effective Date: 01/01/2023

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"or the "loss" under a contract with that person or organization.

Form No: CA 04 44 10 13
Endorsement Effective Date:

Endorsement No: 4; Page: 1 of 1Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date:

Policy No: BUA 6079820925
Policy Effective Date: 01/01/2023Policy Page: 46 of 124 ® Copyright Insurance Services Office, Inc., 2011
129
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

CWA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:A. in the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:

1. the written contract requires you to provide the additional Insured such coverage; and

2. this coverage part provides such coverage.

II. But if the written contract requires:

A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition ofCG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of language; orC. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required bywritten contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.

III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:

A. coverage broader than required by the written contract; OF B. a higher limit of insurance than required by the written contract.

IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:

A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including;1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and '2. supervisory, inspection, architectural or engineering activities; or B. any premiseis or work for which the additional insured is specifically listed as an additional insured qn another endorsemerft attached to this coverage part.

V.- Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coveragepart:

CNA75079XX(10-16) Policy No: 6079820911Page 1 of 2 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2023 Insured Name: CHAIN LINK FENCE & SUPPLY INC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 130
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:

1. primary and non-contributing with other insurance available to the additional insured; or

2. primary and to not seek contribution from any other insurance available to the additional insured.

But except as specified above, this insurance will be excess of all other insurance available to the additional insured.

VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition ofthe following:Any additional insured pursuant to this endorsement will as soon as practicable:

1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;

2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and

3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.

The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receiveswritten notice of a claim from the additional insured.

VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:

Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:

A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:

1. the bodily injury or property damage; or

2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.

Any coverage granted by this endorsement shall apply solely to the extent permissible by law. •All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effecton the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.CNA75079XX(10-16) Policy No: 6079820911

Page 2 of 2 ends

VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2023 Insured Name: CHAIN LINK FENCE & SUPPLY INC
Copyright CNA All Rights Reserved. Includes copyn'ghled material of Insurance Services Office, Inc., with its permission. 131 DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

CWA CNA PARAMOUNT
General Aggregate Limit" Per Project Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:

A. all damages under Coverage A, except damages because of bodily injury or property damage Included in the products-completed operations hazard; and
B. all medical expenses under Coverage C;
that arise from occurrences or accidents which can be attributed solely.to ongoing operations at that project, Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project.

II. Ail:

B.
damages under Coverage B, regardless of the number of locations or projects involved;damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations ata single project, except damages because of bodily injury or property damage included in the productscompleted operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project,
will reduce the General Aggregate Limit shown in the Declarations.

III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project.

V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project.

VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.

All other terms and conditions of the Policy remain unchanged.

Policy No:

Endorsement No:

Effective Date:
6079820911
4 01/01/2023
132
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8

CWA CNA PARAMOUNT
Waiver of Transfer of Rights of Recovery Against
Others to the Insurer Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITi' COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCHCONTRACT OR AGREEMENT:

1.IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND

2.WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entiUed Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following:With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard.
ss
All other terms and conditions of the Policy remain unchanged.

CNA75008XX(10-16)Page 1 of 1

Policy No: 6079820911
Endorsement No: 7
Effective Date: 01/01/2023
133
DocuSign Envelope ID: CCC554E1-A742-419E-B193-F2B3D27241A8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84)

Schedule
State
California
Person or Organization
All persons or organizationswhom the Named Insured has
agreed by written contract to
furnish this waiver.

Job Description
All jobs whom the Named
insured has agreed by written
contract to furnish this waiver.

WC 00 03 13
(Ed. 04-84)
© 1983 National Council on Compensation Insurance.
1 of2
Insured Copy 134
´
0 100 200 300 400 500 Feet
Funded Fencing
New Gate
New Bollards
New Swing Gate
135

Page 1 of 2 ends

July 11, 2023
City Manager's Office
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Lina Velasco, Director of Community Development
Hector J. Rojas, Planning Manager
Subject: City of Richmond Responses to Grand Jury Report No. 2306, Affordable Housing
FINANCIAL IMPACT: There is no fiscal impact associated with the recommended action.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The 2022-2023 Contra Costa Civil Grand Jury requests
the City of Richmond’s response to findings and
recommendations regarding affordable housing as
reflected in Grand Jury Report No. 2306.

RECOMMENDED ACTION: APPROVE the City Manager’s response to the 2022- 2023 Contra Costa Civil Grand Jury Report No. 2306
entitled “Affordable Housing: A Plan Without a Home”
and submittal of the response to the Grand Jury – City
Manager’s Office (Shasa Curl/Lina Velasco 510-620-
6841).

AGENDA
REPORT
136

Page 2 of 2 ends

July 11, 2023
DISCUSSION:

The 2022-2023 Contra Costa County Grand Jury issued Report No. 2306 entitled “Affordable Housing: A Plan Without a Home” (Attachment 1). The report includes findings and recommendations which require a response from various municipalities, including the City of Richmond. The attached letter from the City Manager was created in response to this report (Attachment 2). The City of Richmond’s responses are provided below each of the Grand Jury’s findings and recommendations in accordance with sections 933.05(a) and 933.05(b) of the California Penal Code. City staff is seeking City Council approval of the City’s responses.

DOCUMENTS ATTACHED:

Attachment 1 – 2022-2023 Grand Jury Report No. 2306, “Affordable Housing: A Plan Without a Home”
Attachment 2 – City of Richmond’s Response to Grand Jury Report No. 2306 137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6512 Fax: (510) 620-6542 www.ci.richmond.ca.us CITY MANAGER’S OFFICE
July 14, 2023
Civil Grand Jury - Foreperson
725 Court Street
P.O. Box 431
Martinez, CA. 94553-0091
[email protected]
RE: City of Richmond’s Response to Grand Jury Report No. 2306: “Affordable Housing: A Plan Without a Home”
Dear Foreperson:

In accordance with California Penal Code Sections 933.05(a) and 933.05(b), please find below the response of the City of Richmond to the findings and recommendations of the 2022-2023 Contra Costa Civil Grand Jury Report No. 2306. The City’s responses are in italics directly below each finding or recommendation.

FINDINGS

1. Within existing city or County infrastructure there is no clear owner who is responsible for achieving RHNA permitting targets.

Response: We agree with this finding; however, it should be noted that City and County governments are not responsible for achieving RHNA permitting targets.

They are responsible for identifying adequate sites zoned and available within the housing element planning period to meet their fair shares of the regional housing needs across all income levels.

2. City and County officials see no direct path to meet state-mandated regional housing (RHNA) targets.

Response: We agree with this finding.

3. There are currently no measurable penalties if a city or a County does not achieve RHNA targets in an approved housing element plan.

Response: We disagree with this finding. Jurisdictions with insufficient progress toward their RHNA targets become subject to SB 35 streamlining provisions for affordable housing projects.

4. Data published by ABAG shows that Contra Costa County and most of its cities have missed their current RHNA targets for very low- and low-income housing 182
CoR Response – “A Plan Without a Home”

Page 2 of 6 ends

allocations. The allocation requirements continue to increase (16x for very lowincome and 4x for low-income residents).

Response: We agree with this finding in general, but it should be noted that Richmond attained 100% of its very low- and 70.2% of its low-income targets during the 5th Cycle planning period covering 2015 through 2023.

5. Many obstacles hinder the development of AH at the local level, specifically for very low- and low-income housing, including: a) Limited availability of land; b) Restrictive zoning policies specific to AH development; c) Limited developer interest to bring projects forward; d) Limited available funding; e) Lack of community support; f) NIMBY opposition & city council response to NIMBY opposition.

6. Zoning changes are generally addressed only when a project is presented for development. Zoning obstacles include: a) Housing element plans that offer poor land choices for AH development; b) Restrictive height and high-density zoning policies; c) Lack of inclusionary housing ordinance(s) in many cities.

Response: We agree with this finding; however, it should be noted that c) is not an obstacle in Richmond because the City already has an Inclusionary Housing Ordinance in place (Richmond Municipal Code Article 15.04.603).

7. Penalties directed at cities and the County (financial, loss of control over local planning) are tied to not meeting state deadlines for Housing Element plan approval.

Response: We partially agree with this finding as there are also penalties in place for jurisdictions making insufficient progress toward meeting their RHNA targets.

See response to Finding No. 3.

8. Builder’s Remedy and SB 35 projects do not address ingrained local obstacles identified in this report that prevent the completion of approved AH projects.

Response: We disagree with this finding. In Richmond, the application of SB 35 recently resulted in a streamlined, ministerial planning approval for the TBV:

Villas at Renaissance Apartments Project (105 units along Colusa Avenue).

There are two other SB 35 projects currently under review that are expected to receive non-discretionary approval in the next few months – the Central Avenue Project (102 units along Central Avenue) and the Bob Dabney Plaza Project (32 units along Macdonald Avenue).
183
CoR Response – “A Plan Without a Home”

Page 3 of 6 ends

9. When local Redevelopment Agencies (RDA’s) were discontinued by the state in 2012, the County and cities did not address the loss of funding for affordable housing or find alternative funding to support affordable housing projects until voters passed Measure X in November 2020. Projects that target very low- and low-income residents were particularly impacted.

Response: We agree with this finding in general, but it should be noted that Richmond’s Inclusionary Housing Ordinance has provisions for a housing in-lieu fee and non-residential linkage fee. The fees collected through the ordinance are intended to fund affordable housing projects throughout the City.

10.Measure X housing funds are not fully dedicated to building AH for very low- and low-income residents.

Response: We agree with this finding as Measure X monies can also be utilized to fund regional hospitals and community health centers; support crucial safetynet services; invest in early childhood services; protect vulnerable populations; and fund other essential county services.

11.Local funding provided by bonds like Measure X Housing Fund is a critical component of a developer’s overall ability to raise funds for an AH development.

Response: We agree with this finding.

12.Cities that proactively engage citizens, address zoning obstacles, make reasonable zoning concessions, work collaboratively with developers, provide local funding support, and are united in addressing NIMBY opposition, have been successful in attracting AH projects.

Response: We agree with this finding.

13.The latest RHNA targets for cities and unincorporated Contra Costa County show a significant increase in the number of units that are expected to be permitted for very low- and low-income housing.

Response: We agree with this finding.

RECOMMENDATIONS

1. Each city and the County should consider assigning a staff position with clear leadership, ownership and accountability to achieve allocated RHNA targets. The individual in this position would be responsible for establishing and promoting an operational plan to achieve the RHNA goals set forth in the housing element plan.

Response: This recommendation has not yet been implemented, but it will be discussed with the City Council by December 14, 2023.
184
CoR Response – “A Plan Without a Home”

Page 4 of 6 ends

2. Each city and County should report AH progress and lack of progress using data across all four measured income groups. Special attention should be paid to tracking the housing needs of residents categorized as very low- and low-income. Cities and the County should communicate their progress, biannually, against RHNA targets at council and supervisor meetings.

Response: This recommendation has been implemented. The Housing Element Annual Progress Report (APR) is already presented to the City Council once a year before it is submitted to the State Department of Housing and Community Development in accordance with State law.

3. Each city and the County should consider creating a dedicated AH commission comprised of a multi-disciplinary team of diverse citizens and led by a current, nonelected, city expert in planning.

Response: This recommendation has been implemented. The City of Richmond has a Housing Advisory Commission (HAC) that meets at least once a month.

The purpose of the HAC is to advise the Richmond Housing Authority on matters concerning the provision of decent affordable housing for low- and very lowincome households. The HAC consists of seven commissioners appointed by the City Council.

4. Each city and the County should consider reviewing existing processes and identifying changes that would address or resolve the specific obstacles identified in this report that hinder achieving RHNA allocation targets for very low- and lowincome housing in their community.

Response: This recommendation has been implemented. Appendix C of the City’s 6th Cycle Housing Element Update analyzes City policies and regulations (such as the Zoning Code) and market factors outside of the City’s control that constrain the production of housing in Richmond (including very low- and lowincome housing). Section IV of the City’s 6th Cycle Housing Element Update establishes programs intended to address these constraints.

5. Each city and the County should consider developing a public dashboard to report progress against RHNA targets.

Response: This recommendation has already been implemented. The State Department of Housing and Community Development (HCD) maintains an online tool called the “Housing Element Implementation and APR Dashboard”. The dashboard provides a high-level overview of California’s housing production data, including progress towards meeting RHNA targets at the regional and local jurisdiction levels.
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CoR Response – “A Plan Without a Home”

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6. Each city and the County should consider, in their individual Housing Element plans, putting forth land zoned “suitable for residential use,” without development obstacles, and located strategically close to existing services, for AH purposes.

Response: This recommendation will not be implemented because it is not warranted. The State continues to pass legislation that streamlines housing development approvals on properties meeting certain eligibility criteria. A few examples include SB 35, SB 9, and other bills that have accelerated production of accessory dwelling units.

7. Each city and the County should consider reviewing their zoning policies to identify restrictive zoning policies unique to their jurisdiction that impede AH projects and consider making zoning changes in light of that review that will support AH in their community.

Response: This recommendation has been implemented. See response to Recommendation No. 4.

8. Cities should consider adopting an inclusionary housing ordinance as part of their standard development policy by the end of 2023 (if not already in place).

Response: This recommendation has been implemented. The City of Richmond’s inclusionary housing ordinance is codified in Richmond Municipal Code Article

15.04.603.

9. Each city and the County should consider how to prioritize the implementation of housing projects that promote development of very low- and low-income housing.

Response: This recommendation has been implemented. The Richmond Housing Authority and City Council hold joint meetings to discuss matters related to the provision of very low- and low-income housing, including prioritization, funding, and implementation.

10.Each city and the County should consider prioritizing Measure X funding requests that support projects that address RHNA targets for very low- and low-income residents. Each city and County should consider reporting regularly to their residents on the use of Measure X funds for such purposes.

Response: This recommendation has not yet been implemented. Moving forward, the City’s Housing Division of the Community Development Department will publish an online report summarizing the City’s use of Measure X funds for very low- and low-income housing projects and programs. 186
CoR Response – “A Plan Without a Home”

Page 6 of 6 ends

_________________
The Richmond City Council reviewed and approved this response at their meeting of July 11, 2023.

Thank you for the opportunity to respond to this very important issue. Please contact me at (510) 620-6512 or at [email protected] if you have any additional questions.

Respectfully,
Shasa Curl
City Manager
cc: Eduardo Martinez, Mayor
David Aleshire, City Attorney
187

Page 1 of 3 ends

July 11, 2023
Community Development
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager
Subject: Contract Amendment No. 1 with RCF Connects for Housing First and Emergency Housing Assistance
Programs
FINANCIAL IMPACT: The City Council previously allocated $525,000 on December 20, 2022 for Housing First and Emergency
Short-term Housing Assistance Programs. All funds
have since been expended or committed; therefore, staff is seeking Council authorization to add additional funds for the programs. The Council allocated $1.8 million in funding for unhoused interventions in the approved fiscal year 2023-24 budget (account string: 01161119-400201).

PREVIOUS COUNCIL
ACTION:

December 20, 2022

STATEMENT OF THE
ISSUE:

In December 2022, the City Council approved a
$525,000 contract with the Richmond Community
Foundation to administer the City’s Housing First and
Emergency Housing Assistance Programs. All funds
have since been expended or committed; therefore, City
staff is seeking City Council authorization for a contract amendment No. 1 to add $625,084.80 in additional funds
for these programs.

AGENDA
REPORT
188

Page 2 of 3 ends

July 11, 2023
RECOMMENDED ACTION: APPROVE a contract amendment No. 1 with RCF Connects to add $625,084.80 in additional funding for the Richmond Housing First and Emergency Housing
Assistance Programs, for a new total contract amount not to exceed $1,150,084.80, for a term extending through
June 30, 2025 – Community Development Department
(Lina Velasco/Jesus Morales 510-620-6706).

DISCUSSION:

In December 2022, the City Council approved a $525,000 contract with the Richmond Community Foundation to administer the City’s Housing First and Emergency Shortterm Housing Assistance Programs. All funds have since been expended or committed; therefore, City staff is seeking City Council authorization for a contract amendment No. 1 to add $625,084.80 in additional funds for these programs.

The Housing First program was able to assist 16 households with care management services and rent assistance that will last up to December 31, 2023. City staff is seeking funds to allow the programs to continue to support additional unhoused residents with care management services and rental assistance, as well as to extend rental payments (beyond December 2023) for current clients that may need that additional assistance.

Below is a summary the draft proposed budgets for the additional funds requested.

Housing First
Item Budget Description
Personnel
Finance Staff 22,400.00 .10FTE
Benefits 5,152.00 @ .23% of salary
Personnel Total 27,552.00
Subcontractors
Care Manager 70,000.00 1.0 FTE
Benefits 17,500.00 25% of salary
Subcontractors Total 87,500.00
Program Expenses
Coaching Services 30,000.00 Group Peer Support for both Outreach Staff, Care Managers
and Residents
Rent Payments 287,500.00 Rent for up to 26 households
SUBTOTAL EXPENSES 432,552.00
INDIRECT 64,882.80
TOTAL EXPENSES 497,434.80
189

Page 3 of 3 ends

July 11, 2023
Short-term and Emergency Housing Assistance
Item
SubContractors
SparkPoint Contra Costa $ 15,000.00
Richmond Neighborhood Housing
Services $ 15,000.00
SubContractors Total $ 30,000.00
Program Expenses
Motel Vouchers $ 23,000.00 115 vouchers @$200/night
Rent Assistance $ 58,000.00
29 months of emergency rent
@$2,000/month
Program Expenses Total $ 81,000.00
Indirect $ 16,650.00
TOTAL EXPENSES $ 127,650.00
Finalizing of the contract will allow for adjustments between line items. These two programs are integral parts of the City’s strategy to address homelessness in the City and additional finding is needed to support on-going work.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 1 to the Contract
Attachment 2 – Original Contract
190

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

191
Contract Amendment/EJ/TE 09-26-07

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation
By _______________________
Title:

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.
192
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

Contract Amendment/EJ/TE 9-26-07
193
Richmond Community Foundation/RCF Connects - Housing First Item Budget Description
Personnel
Finance Staff 22,400.00 .10FTE
Benefits 5,152.00 @ .23% of salaries
Personnel Total 27,552.00
Subcontractors
Care Manager 70,000.00 1.0 FTE
Benefits 17,500.00 25% of salaries
Subcontractors Total 87,500.00
Program Expenses
Coaching Services 30,000.00
Group Peer Support for both Outreach
Staff, Care Managers and Residents
Rent Payments 287,500.00 rent for UP TO 26 households
SUBTOTAL EXPENSES 432,552.00
INDIRECT 64,882.80
TOTAL EXPENSES 497,434.80
194
RCF Connects - Short-term Housing Assistance
Item
SubContractors
SparkPoint Contra Costa $ 15,000.00
Richmond Neighborhood H $ 15,000.00
SubContractors Total $ 30,000.00
Program Expenses
Motel Vouchers $ 23,000.00 115 vouchers @$200/night
Rent Assistance $ 58,000.00 29 months of emergency rent @$2,000/month Program Expenses Total $ 81,000.00
Indirect $ 16,650.00
TOTAL EXPENSES $ 127,650.00
195
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.