Richmond City Council
September 12, 2023

September 12, 2023

Community Development

DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Services
Jesus Morales, Housing Manager
Subject:

Contract Amendment No. 3 with Hatchuel Tabernik &
Associates (HTA) for On-Call Grant Writing and Project
Evaluation Services for Awarded Grants
FINANCIAL IMPACT: The proposed grant writing expenditures are included in the Housing Division FY 2023-24 budget (account string
12031063-400201).

PREVIOUS COUNCIL
ACTION:

December 21, 2021

STATEMENT OF THE
ISSUE:

City staff is requesting City Council approval of a contract amendment no. 3 with Hatchuel Tabernik & Associates
(HTA) for $100,000 to provide on-call grant writing for the Housing Division for homelessness services and
supports, for a term ending June 30, 2025.

RECOMMENDED ACTION:

APPROVE contract amendment no. 3 with Hatchuel
Tabernik & Associates (HTA) for $100,000, for a total
contract amount not to exceed $140,000, to provide on-
call grant writing for the Housing Division for
homelessness services and supports, for a term
extending through June 30, 2025 – Community
Development Department (Lina Velasco 510-620-
6841/Jesus Morales 510-620-6649).

AGENDA
REPORT
354

September 12, 2023
DISCUSSION:

On December 21, 2021, the City Council approved a $15,000 on-call contract with Hatchuel Tabernik & Associates (HTA), with a $15,000 option, for a total not to exceed amount of $30,000, to assist the City in preparing an Encampment Resolution funding application. On February 2, 2022, the City exercised its option, and executed a first amendment for $15,000. Additionally, the City processed an administrative amendment to add $10,000 for a total, not to exceed amount of $40,000 to support City staff in preparing its second proposal for Encampment Resolution Funding. The proposed contract amendment with HTA will be for $100,000, for a total contract amount of $140,000, to provide on-call grant writing services to support the Housing Division in preparing applications for homelessness and related services, for a term extending through June 30, 2025.

As part of the original contract process, City staff solicited proposals from three firms for grant writing services to assist the City in submitting a proposal for Encampment Resolution Funding. Two of the three firms declined to submit proposals due to other commitments. HTA was the only firm that responded with a proposal and a commitment to dedicate resources to complete a timely City application.

HTA assisted the City in preparing two separate applications for Encampment Resolution Funding. Both applications were awarded funds, totaling more than $13.5 million to support unhoused residents into housing pathways. Measure X funding notices are anticipated to open in October 2023, so staff wants to ensure grant writing resources will be available for the City to apply for these funds.

HTA has over 20 years of success in writing government, foundation, and corporate grant proposals and contracts – yielding their clients over $800 million in funding since 1997. In addition, their service and knowledge of social services has helped the City obtain two successful ERF applications for homelessness and support services. Their knowledge of the City’s existing programs addressing homelessness will assist the City in making efficient use of their services to apply for additional funding for existing and new city programs.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment No. 3
Attachment 2 – Original Contract with Amendments No.1 and No. 2 355

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Ma nager:

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 an d 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.

356
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.

357
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. Paragra
ph 2 of the Original Contract is amended to read as
follows:

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

358
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

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

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

Contract Amendment/EJ/TE 9-26-07

359
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):

Increa
sed 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):

The fourth Contract Amendment was approved by City Cou
ncil 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 (ch
eck those that apply):

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

Term Amendment (insert new termination date):________________________

Service Plan

Increased contract payment limit by $ ________________for a payment limit not to exceed $ 140,000_____________.

Term Amendment (insert new termination date):________________________

Service Plan
360
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
361
___ 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 R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

362
___ 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.

363

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

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AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

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AND EMPLOYERS' LIABILITY
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If yes, describe under

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CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
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BUSINESSOWNERS
BP 79 96 09 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT
2016 Liberty Mutual Insurance
BP 79 96 09 16 Page 1 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission.

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM
Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement.

SECTION SUBJECT
A. Supplementary Payments
Bail Bonds
Loss Of Earnings
B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury
D. Mobile Equipment
E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations
G. Aggregate Limits
H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions
Bodily Injury
Insured Contract
Personal And Advertising Injury
Section II - Liabilityis amended as follows:

A. Supplementary Payments
Section A.1. Business Liabilityis modified as follows:

1. The $250 limit shown in ParagraphA.1.f.(1)(b) Coverage Extension - Supplementary Paymentsfor the cost of bail bonds is replaced by a $3,000 limit.

2. The $250 limit shown in ParagraphA.1.f.(1)(d) Coverage Extension - Supplementary Paymentsfor reasonable expenses and loss of earnings is replaced by a $500 limit.

B. Broadened Coverage For Damage To Premises Rented To You

1. The last paragraph of SectionB.1. Exclusions - Applicable To Business Liability Coverageis replaced by the following:

With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusionsc., d., e., g., h., k., l., m., n.and o. do not apply to "property damage". --
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BP 79 96 09 16 Page 2 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission.

2. Paragraph D.2. Liability And Medical Expenses Limits Of Insuranceis replaced by the following:

The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations.

3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurancedoes not apply.

C. Incidental Medical Malpractice Injury

1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Servicesdoes not apply to "Incidental Medical Malpractice Injury" coverage.

2. With respect to this endorsement, the following is added to SectionF. Liability And Medical Expenses Definitions:
a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services:
(1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or
(2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to:
(1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under
a. above.
(3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under
a. above.

D. Mobile Equipment
Section C. Who Is An Insuredis amended to include any person driving "mobile equipment" with your permission.

E. Blanket Additional Insured (Owners, Contractors Or Lessors)

1. Section C. Who Is An Insuredis amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be:
a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury".

2. The insurance afforded to the additional insured is limited as follows:
a. The person or organization is only an additional insured with respect to liability arising out of:
(1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and
(2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy.
c. The insurance afforded to the additional insured does not apply to:
(1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect’s, en- gineer’s or surveyor’s rendering of or failure to render any professional services including:
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57498516003269270
2016 Liberty Mutual Insurance
BP 79 96 09 16 Page 3 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or
(4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations.

3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis.

F. Newly Formed Or Acquired Organizations
The following is added to SectionC. Who Is An Insured:

Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However:

1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whicheveris earlier;

2. Section A.1. Business Liabilitydoes not apply to:
a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and
b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you.

3. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

G. Aggregate Limits
The following is added to ParagraphD.4. Aggregate LimitsLiability and Medical Expenses Limits Of Insurance:

1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner.

2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you.

For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad.

H. Duties In The Event Of Occurrence, Offense, Claim Or Suit

1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or SuitLiability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph
C.1. Who Is An Insuredor any "employee" authorized by you to give or receive notice of an "occurrence" or claim.

2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or SuitLiability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insuredor any "employee"
authorized by you to give or receive notice of an "occurrence" or claim. ;;;;;;;;a;;;;;;
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2016 Liberty Mutual Insurance
BP 79 96 09 16 Page 4 of 4Includes copyrighted material of Insurance Services Office, Inc., with its permission.

I. Section F. Liability And Medical Expenses Definitionsis modified as follows:

1. Paragraph F.3. is replaced by the following:

3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time.

2. Paragraph F.9. is replaced by the following:

9. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability meansa liability that would be imposed by law in the absence of any contract or agreement.

Paragraph
f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured’s rendering or failure to render professional services, including those listed in
(2) above and supervisory, inspection, architectural or engineering activities.

3. Paragraph F.14.b. Personal And Advertising Injuryis replaced by the following:
b. Malicious prosecution or abuse of process;
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CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties.

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Term.

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

3. Payment Limit.

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

4. Contractor’s Obligations.

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

5. City's Obligations.

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

Community Development Lina Velasco
[email protected] (510) 620-6706
9879
Hatchuel Tabernik & Associates (HTA) will assist the City of Richmond to prepare grant applications, including an Encampment Resolution Funding application.

Hatchuel Tabernik & Associates (HTA)
2560 9th Street, Ste. 319A
Berkeley, CA 94710
Russell Lobar, Chief Financial Officer
(510) 338-8131 [email protected]
4005-9991 March 16, 2022
December 21, 2021
December 31, 2022
15,000
✔










 



371

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Hatchuel Tabernik & Associates (HTA)










 













372
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

City of Richmond

Hatchuel Tabernik & Associates (HTA) will assist the City of Richmond to plan and prepare a competitive Encampment Resolution Funding grant application as described in the scope attached.

Hatchuel Tabernik & Associates (HTA)










 



373
2560 Ninth Street, Suite 319A
Berkeley, CA 94710
p: 510-559-3193
f: 510-486-8001
www.htaconsulting.com
Proposal
Date: December 2, 2021
To: Michelle Milam, City of Richmond
From: Tim Tabernik, HTA Consulting President
RE: Grant Writing Services for Encampment Resolution grant Hatchuel Tabernik & Associates (HTA) is an independent consulting firm that provides cost- effective, high-quality services for public agencies, educational institutions, nonprofit organizations, charitable foundations, and healthcare organizations.

Experience
HTA has many years of success in writing government and foundation grants, yielding our clients over $850 million in funding since 1998. From interpreting the nuances of an RFP to assisting with securing memoranda of understanding or pulling together stakeholder partnerships, HTA has the experience, knowledge, and flexibility to respond quickly and effectively. Our staff and associates contribute a rich mix of specific technical expertise, a diverse knowledge of communities and content areas, and cultural/language capacities. Our credentials encompass experience and training in grant writing and fundraising, strategic planning, program evaluation, statistical analysis, program management, training, and community organizing. We have expertise in content areas including, K- 16 education, STEM education, workforce development, public health, behavioral health, corrections, social work, geographic information systems, journalism, and publishing. This broad knowledge base enables us to effectively pursue funding from multiple sources. The HTA team is committed to our clients’ success and always willing ‘to go the extra mile.

Approach
As a full-service consulting firm, HTA draws on the experience of our entire staff when crafting competitive grant proposals. Our evaluation team designs and writes evaluation plans ranging from basic data collection and analysis to sophisticated multi-year experimental or quasi-experimental designs; assists with data analysis and presentation; and consults on content areas of expertise. If a proposed project envisions a community needs assessment process, our grant writers call on our planning team to help outline a process that meets our client’s needs within the funder’s parameters.

Our collaborative approach and breadth of skills allow us to build well-thought-out, realistic grant packages that capture readers’ interest and set the stage for effective implementation.

HTA has developed systems to create proposals that are both technically correct and compelling.

From start-up and discovery, through budget development, research on best practices and exemplary programs, narrative construction, compilation and completion of all required forms and 









 



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Prepared by Hatchuel Tabernik & Associates Page 2
attachments, quality assurance, and packaging and submitting a final application, HTA has thought through every step of the complex and demanding grants process.

Grant Writing Team
Our grant writing team has breadth and depth of experience in creating competitive grant proposals. x Tim Tabernik, co-founder and President of HTA, with his extensive experience in the nonprofit and public sectors, and longstanding relationships with many key contacts consistently brings significant value to our clients’ fundraising efforts. x Randy Malat, MA, MS, Chief Grant Writer, has written over $350 million in successful grants for school districts, city and county governments, colleges and universities, and non- profit organizations in the Bay Area since he joined HTA in 2001. x Sarah Akin, MA, HTA Grant Team Director, has six years of grant writing experience in economic and workforce development, K-16 education, public health, social services, and community-led initiatives. She also brings over 15 years of experience in program planning and project management.
x Monica Gyulai, Associate, has more than 25 years of writing, editing, and teaching experience in a wide range of fields, including education, journalism, anthropology, and the arts.
x Kaylie Low, Associate, brings five years of experience in environmental studies, planning, project management, and research in urban and community development. x Aurelio Rivera, Associate, supports project management, coordination, and supports data collection and analysis.

In addition to our core grant writing team, HTA works with a number of experienced affiliate grant writing associates on a project by project basis. These associates generally have subject matter expertise specific to the project. HTA Senior Associates and our project management staff work with all affiliate associates to assure consistency, quality, and an exceptional experience for our clients. We also draw on our firm’s experienced Planning and Evaluation staff to help craft competitive grant proposals for our clients.

Description of Project
We propose to assist the City of Richmond to plan and prepare a competitive Encampment Resolution grant application with a deadline of December 31, 2021.

HTA will deliver the following: Client is responsible for the f ollowing:
x Project Narrative/Timeline
x Budget Development
x Budget Narrative
x Draft Letters of Agreement
x Editing and Formatting
x Application Forms
x Assistance with attachments
x Quality Assurance
x Needs data
x Organizational capacity information
x Program design information
x Budget information
x All required attachments
x Signatures on all forms and letters
x Timely review of all materials










 



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Prepared by Hatchuel Tabernik & Associates Page 3
HTA will deliver the following: Client is responsible for the f ollowing:
x PPackaging and Submitting oo x DDelivery of all final materials 48 hours (2 bbusiness days) prior to the deadline. If
tthis requirement is not met, HTA may
nnot take responsibility for submission.

Fees
HTA proposes a Time and Materials contract, under
which HTA will only perform work at your request,
and we will bill only for the time actually expended.

We estimate the following costs, but the actual total
may end up being more or less than this estimate. We
ask you to provide 50% of the estimated fee upon
contracting for these services. We will inform you if it is looking like we are going to exceed this amount.

Activity Total
Hours
Total Cost
Start Up
Project Launch/Communication

Client Background Review

RFP Review/Setting up workplan
Subtotal 7 $950
Program Planning/Strategy

Program Planning/Strategy

Subtotal 5 $775
Meeting & Facilitation
Meeting Prep/Follow-up
Facilitation/Meetings

Subtotal 6 $900
Literature/Research/ Document Review

Needs Data Research
Background Research

Subtotal 3 $375
Grant Writing/Development
Grant Writing

Subtotal 45 $5,625
Editing/Formatting
Editing/Reviewing/Formatting

Subtotal 4 $800
Fee Structure Time &
Materials
Full fee $12,695
Due Upon Contracting $6,348










 



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Prepared by Hatchuel Tabernik & Associates Page 4
Budget
Budget Development

Budget QA and Formatting
Budget Narrative

Subtotal 6 $1,050
Forms, Attachments, and Supporting
Documentation

Letter of Commitment Development

Subtotal 2 $250
Quality Assurance, Packaging & Submission

Quality Assurance

Packaging and Submission
Subtotal 5 $700
Project Management

Project Management

Subtotal 6 $900
Subtotal Tasks 89 $12,325
Administrative Cost @ 3 % $370
Total Cost $12,695

Pricing of services is calculated based on:

President and CEO $250/hr
Director/Chief $200/hr
Senior Associate (II) $175/hr
Senior Associate (I) $150/hr
Associate $125/hr
Project Manager $100/hr
Junior Associate $ 75/hr
Data Entry $ 75/hr

Administrative costs. There is a 3% administrative fee applied to each project. The administrative fee includes such items as printing, supplies, mailing/shipping, software subscriptions (statistical and survey packages, graphics software, and mapping systems), and tolls/parking for local travel. Please note for projects with extensive travel there might be additional line items for mileage, airfare/car rentals or hotels.

We welcome the chance to work with you on this project and thank you for the opportunity. If you have further questions, please feel free to contact me at your convenience.











 



377
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Lina Velasco
Hatchuel Tabernik & Associates (HTA)
Community Development
Lina Velasco










 



378
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

Hatchuel Tabernik & Associates (HTA)
Hatchuel Tabernik & Associates (HTA)
Lina Velasco
450 Civic Center Plaza
Russell Lobar, Chief Financial Officer
2560 9th Street, Ste. 319A
Berkeley, CA 94710










 



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EXHIBIT D

GENERAL CONDITIONS

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

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

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

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









 



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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 









 



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General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

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









 



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General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 









 



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General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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











 



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General Conditions/EJ/TE 01-19-11 6 of 13

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

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

15. Indemnification
.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 









 



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General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 









 



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General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

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

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

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

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

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

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

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 









 



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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 









 



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City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

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











 



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

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

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

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

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

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

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

35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 









 



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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance
.

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

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











 



391
General Conditions/EJ/TE 01-19-11 13 of 13

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

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

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









 



392
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

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

None
Hatchuel Tabernik & Associates (HTA)










 



393
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Hatchuel Tabernik & Associates (HTA)










 



394
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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










 



395
___ 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 R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applic able to General Liability coverage.

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

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

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

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

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

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

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

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

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

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









 



396
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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










 



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404

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.

Community Development Lina Velasco
[email protected] (510) 620-6706
9879 / 5932
Hatchuel Tabernik & Associates (HTA) will continue to assist the City of Richmond Housing Division in preparing grant applications for homelessness services and/or programs, including but not limited to prevention and intervention strategies. ✔
1 Hatchuel Tabernik & Associates (HTA)
2560 9th Street, Ste. 319A
Berkeley, CA 94710
Russell Lobar, Chief Financial Officer
(510) 338-8131 [email protected]
4005-9991 March 16, 2022
✔
December 21, 2021
December 21, 2021 December 31, 2022
15,000.00













  
405
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.

Hatchuel Tabernik & Associates (HTA)













  













406
Contact Amendment
Instruction Sheet
For Contract Amendment # 1 select one of the following Contract Amendment Provision forms based on one of the following conditions (if this is the 2nd or subsequent amendment to an existing contract, an Amendment History page is required outlining the details of all subsequent amendments in addition to ONE of the amendment provisions pages listed below).

1. Term, Payment Limit and Service Plan (increases both the term and the dollar limit of the contract and may modify the service plan of the original contract to include additional tasks and/or services in relation to the existing contract (if applicable)

2. Payment Limit and Service Plan
(increases the dollar limit of the
contract, but does not extend the term of the contract and may modify the service plan of the original contract to include additional tasks and/or services in relation to the existing contract (if applicable)

3. Term and Service Plan
(extends the term of the contract, but does
not increase the dollar amount of the contract and may modify the service plan of the original contract to include additional tasks and/or services in relation to the existing contract (if applicable)

4. Service Plan
(modifies the service plan of the original contract to
include additional tasks and/or services in relation to the existing contract)

5. Amendment History
(if this is the 2nd or subsequent amendment to
an existing contract, an Amendment History page is required outlining the details of all subsequent amendments in addition to ONE of the amendment provisions pages listed above (one of items 1-4)
If you need to make any other changes to the contract, you should consider executing a new City of Richmond Standard Contract.

Again, only ONE of the following Amendment Provisions pages and an Amendment History page (if this is the 2nd or subsequent amendment) should be used and attached to this Contract Amendment.













  
407
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

Hatchuel Tabernik & Associates (HTA)
1 / 5932
15,000.00
30,000.00
Hatchuel Tabernik & Associates (HTA) will continue to assist the City of Richmond Housing Division in preparing grant applications for homelessness services and/or programs, including but not limited to prevention and intervention strategies.














  
408
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

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

Contract Amendment/EJ/TE 9-26-07

Contract Amendment/E
Hatchuel Tabernik & Associates (HTA)
1 / 5932
Consultant will assist with grant writing services related to homelessness services and/or programs, including but not limited to prevention and intervention strategies. A work authorization shall be required prior to start of services.

The execution of this Agreement Amendment by the Parties does not constitute an authorization to proceed with any work. City will request specific services from Consultant for specific grants and Consultant will provide City with a written scope of services, budget, and schedule for each request. City will review these materials and if City desires the services, City will provide Consultant with a written authorization to proceed with the work per the scope, budget, and schedule. All work shall be completed pursuant to the schedule approved in the work authorization.

Each schedule shall be incorporated into this Agreement as if originally set forth herein.

The rates for HTA for this contract term for grant writing services are as stated in the executed standard contract and rates will continue to be applied for the term of the work. 












  
409
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

Hatchuel Tabernik & Associates (HTA)
1 / 5932
15,000.00
30,000.00
✔













  
410
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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













  
411
___ 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 R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applic able to General Liability coverage.

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

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

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

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

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

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

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

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

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

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












  
412
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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













  
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420

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: Emai l:

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.

Community Development Lina Velasco
[email protected] (510) 620-6706
9879 / 5932
Hatchuel Tabernik & Associates (HTA) will assist the City of Richmond Community Development Department in preparing grant applications for homelessness services and/or interventions, and/or provide evaluation of existing programs. ✔
2 Hatchuel Tabernik & Associates (HTA)
2560 9th Street, Ste. 319A
Berkeley, CA 94710
Russell Lobar, Chief Financial Officer
(510) 338-8131 [email protected]
4005-9991 December 31, 2022
✔
December 21, 2021
December 21, 2021 December 31, 2022
15,000.00













 
421
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.

Hatchuel Tabernik & Associates (HTA)













 














422
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 amende d 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 here by 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 her eby amended to include the following tasks and/or services:

Contract Amendment/EJ/TE 9-26-07
2 / 5932
December 21, 2021
June 30, 2024
10,000.00
Hatchuel Tabernik & Associates (HTA)
40,000

Hatchuel Tabernik & Associates (HTA) will assist the City of Richmond Housing Division and Community Development Department in preparing grant applications for homelessness services and/or interventions. The City may also ask HTA to assist in the evaluation of current programs.













 
423
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

Contract Amendment/EJ/TE 9-26-07
Hatchuel Tabernik & Associates (HTA)
2 / 5932

Consultant will assist with on-call grant writing services related to unhoused interventions and/or homelessness services. A work authorization shall be required prior to the start of work.

The execution of this Agreement by the Parties does not constitute an authorization to proceed with any work. City will request specific services from Consultant for specific grants and Consultant will provide City with a written scope of services, budget, and schedule for each request. City will review these materials and if City desires the services, City will provide Consultant with a written authorization to proceed with the work per the scope, budget, and schedule. All work shall be completed pursuant to the schedule approved in the work authorization. Each schedule shall be incorporated into this Agreement as if originally set forth herein.

The rates for HTA for this contract term for on-call grant writing and evaluation services are as stated in the executed standard contract and rates will continue to be applied for the term of the work.














 
424
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
Hatchuel Tabernik & Associates (HTA)
2 / 5932
February 10, 2022
15,000.00
30,000.00
✔
✔ 10,000.00
June 30, 2024
40,000.00
✔













 
425
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Li ability 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 Endorsemen t 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 th e State of California including Employer’s Liability coverage.

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

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

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

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

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













 
426
___ 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 R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applic able to General Liability coverage.

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

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

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

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

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

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

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

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

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

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












 
427
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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













 
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435

September 12, 2023

City Manager's Office

DATE: September 12, 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
Kaitlyn Quackenbush, Housing Fellow

Subject:

City of Richmond Response to Grand Jury Report
No. 2306, Affordable Housing: A Plan Without a Home

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 of Richmond 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/Community Development Department
(Shasa Curl/Lina Velasco 510-620-6841).

AGENDA
REPORT
436

September 12, 2023
DISCUSSION:

The Contra Costa County Civil Grand Jury is annually impaneled to investigate city and county governments, special districts and certain nonprofit corporations to ensure functions are performed in a lawful, economical and efficient manner.

Recommendations resulting from these investigations are listed in their reports.

In accordance with Section 933(c) of the California Penal Code, the governing body of a public agency or its designated administrator must respond to these recommendations to the presiding judge within ninety (90) days; and elected officials must respond to the recommendations within sixty (60) days. These responses are a matter of public record and are available, upon request, from the clerk of the Superior Court.

On June 16, 2023, 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 prepared to be the City’s response to this report (Attachment 2), to be submitted on behalf of the City Council.

The proposed 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 prior to submittal. The City is required to respond to the report by September 13, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – 2022-2023 Grand Jury Report No. 2306, “Affordable Housing: A Plan Without a Home”
Attachment 2 – City of Richmond Response to Grand Jury Report No. 2306 437
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480
481

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

September 13, 2023

Civil Grand Jury - Foreperson
725 Court Street
P.O. Box 431
Martinez, CA 94553-0091

SENT VIA EMAIL: [email protected]

RE: City of Richmond’s Response to Grand Jury Report No. 2306: “A Plan Without a Home”

Dear Foreperson:

Thank you for your letter and the accompanying Grand Jury Report No. 2306, Affordable Housing, in which you highlighted several findings that align with the prevailing trends and challenges in our jurisdiction. As part of our review process, we carefully considered your concerns, and we acknowledge that some findings may lack context.

The City of Richmond and other Contra Costa County jurisdictions share many common challenges to the production of affordable housing development. As you highlighted in your letter and report, one significant challenge shared across the County, is the lack of funding for affordable housing initiatives. Additionally, even when funding is available, the competition for these dollars often discourages developers from pursuing projects with a lower probability of receiving funding.

In addition to our shared challenges, there are also critical differences between Richmond and the rest of the County. Richmond’s history, demographics, and geography generate unique needs and demand unique responses. Richmond has a more racially and ethnically diverse population than either Contra Costa County or the Bay Area as a whole. Overall, household income in Richmond is lower than that of Contra Costa County. Richmond’s median household income in 2019 was $68,472 compared to the County’s median income of $99,716. The concentration of high-income households in Richmond is lower than in the County and the region. As a result, Richmond experiences a higher demand and need for housing with subsidized rents than other Contra Costa County jurisdictions, and Richmond’s progress toward its Regional Housing Needs Allocation (RHNA) goals varies from many Contra Costa County jurisdictions, which tend to underproduce low-income housing and overproduce above-moderate income housing. Additionally, Richmond is often the first place lower- income people move to when relocating into Contra Costa County because of its lower housing prices.
482
CoR Response – “A Plan Without a Home”

Thus, while Richmond has a higher need for, and consequently concentration of, affordable housing, this fact attracts new residents to Richmond, which in turn, increases the competition for and cost of housing and the need for more affordable housing. This additional demand for housing, along with rising construction costs, contributes to rising rental and home prices in Richmond. Housing costs in Richmond grew considerably over the past decade. According to Zillow, between 2011 and 2020, the typical value of a Richmond home increased by 159 percent from $247,317 to $641,530. Additionally, between 2015 and 2019, Richmond median rent increased by 25 percent, from $1,102 to $1,381.

Richmond also has a unique history relative to many of its county neighbors. Richmond was an epicenter for African American migration during World War II (WWII) as a robust industrial town. However, as a result of its great diversity, Richmond residents experienced racial discrimination and the impacts of racist housing policies such as the inability to access mortgages and other forms of structural disinvestment. In the mid- 2000s, Richmond was again disproportionately impacted due to racist predatory lending that resulted in mass home foreclosure across the city. This history of structural disinvestment and racist policy contributes to Richmond’s high need for affordable housing and community investment today.

Richmond experiences the lack of funding and high competition for funding in a unique way due to the California Tax Credit Allocation Committee (TCAC) Opportunity Maps.

The California Tax Credit Allocation Committee (TCAC) is responsible for designing the criteria for the distribution of housing tax credits in the administration of both the state and federal Low Income Housing Tax credit (LIHTC) Program. The methodology for the criteria is annually reviewed and may be updated to reflect state housing objectives.

LIHTC is one of the most important forms of financing for affordable housing projects. In 2018, TCAC implemented the Opportunity Map. The intended outcome of the policy was an increase in access to “opportunity” for those that have been the historical victims of racist and exclusionary public policy decisions. Opportunity refers to the indicators that research has associated with positive outcomes for some residents, including but not limited to educational, economic, and environmental outcomes. The unintended outcome of this change to the criteria was the introduction of bias against low-income communities of color by redirecting project awards away from these communities.

In 2018, following the implementation of the TCAC Opportunity Maps, entire cities around the state were categorized as “Low” or “Moderate” Resource as is the case in Richmond, making Richmond based affordable housing projects less competitive in the application process for LIHTC. In the five years prior to the 2018 implementation of the Opportunity Map (2013-2017), Richmond was awarded 13 LIHTC credits through both the 4percent and 9percent programs. In the five years following the implementation of the Opportunity Map, Richmond was rewarded only 3 LIHTC funds. This reduces the access to financing and increases the project timeline for affordable housing projects in Richmond.
483
CoR Response – “A Plan Without a Home”

Richmond’s specific needs outlined above, demand the city take a multi-faceted approach to addressing housing affordability. It is not enough to focus on housing supply alone. Addressing the housing needs of Richmond residents means fostering economic development, tackling low wage jobs, increasing tenant protections, and eliminating housing discrimination as well.

Below are some of the relevant City of Richmond Programs and Policies implemented to address the varied housing needs of our residents:

● Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance: In 2016, Richmond passed the first rent stabilization law in Contra Costa County.

The comprehensive measure includes both rent control and just cause eviction protections. Community organizations emphasized that Richmond’s strong Just Cause protections give its residents an important layer of protection against unlawful evictions in comparison to many other cities. BALA and CCSLS credited these protections as the reason why they receive far fewer eviction cases from Richmond than from demographically similar cities in Contra Costa County such as Antioch and Martinez.
● Community Land Trust Development: The City of Richmond is also home to Contra Costa County’s first and only community land trust, focused on preserving and producing permanently affordable community ownership opportunities. ● Fair Chance to Access Affordable Housing Ordinance: Regulates when and how affordable housing providers may ask about and use arrest and conviction records in making housing decisions.
● Tenant Anti-Harassment Ordinance: Protects tenants from harassment by their landlord and provides tenants with the ability to sue their landlord for harassment. ● Inclusionary Housing and Linkage Fee Ordinance: Facilitates the development of affordable housing by (1) requiring housing developers to include set-aside affordable housing units in new market-rate for sale developments in higher opportunity areas; (2) requiring housing developers to include set-aside affordable housing units in new market-rate rental developments, or, if they opt out, to pay an in-lieu fee, and (3) requiring an affordable linkage fee on new non- residential development to generate local funding for affordable housing production and preservation.
● 2016 Zoning Ordinance Update: Replaced the City’s previous zoning ordinance, establishes various zoning and land-use regulations that promote density, and establishes incentives for affordable housing, senior housing, accessible housing for people with disabilities, and developments with an on-site childcare facility. It also establishes waiver procedures to provide reasonable accommodations for people with disabilities seeking fair access to housing through a waiver of certain development standards.
● Health in All Policies Ordinance and Strategy: In addition to addressing affordable housing needs, Richmond recognizes that housing is also critical to public health. The Health in All Policies (HiAP) ordinance and strategy was 484
CoR Response – “A Plan Without a Home”

passed in 2014 to address health inequities in the City of Richmond. Health in All Policies is based on the idea that health starts with where people live, work, learn, and play, and that community health is influenced by more than individual choices. One’s physical and social environments, along with local government decisions and actions that shape these environments, have an impact on health outcomes. HiAP is an overarching framework to guide city policy, practices, and partnerships that promote health and well-being for all residents.

In addition to protections, preservation and anti-discrimination policies, Richmond is facilitating affordable housing production. In contrast to other Contra Costa County jurisdictions, from 2015 to 2021, Richmond issued permits for 100 percent of its very low-income housing goal (438 Units), 70 percent of its low-income housing goal (214 Units), and 69 percent of its above moderate-income housing goals (882 Units).1

The housing crisis has become a pressing concern in our jurisdiction and beyond, with far-reaching implications for individuals and communities. Your letter has shed some light on critical aspects of the housing crisis we face today and affirmed that we are not alone as a jurisdiction in facing these challenges. Despite potential areas of partial disagreement, we acknowledge the factual basis of your findings and recognize the interconnectedness of the underlying conditions that have given rise to the current challenges.

By working collaboratively and understanding the broader context of the housing crisis, we strive to develop more effective strategies and policies to address this pressing issue and create a more inclusive and sustainable housing landscape for all members of our community.

Sincerely,

Shasa Curl,
City Manager

cc: Richmond City Council
Lina Velasco, Director of Community Development
Hector Rojas, Planning Manager
Jesus Morales, Housing Manager
Kaitlyn Quackenbush, PBF Housing Fellow

Enclosure: City of Richmond Response

1 As of December 31, 2022, Annual Element Progress Report 485
CoR Response – “A Plan Without a Home”

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: “A Plan Without a Home”. The City’s responses are in italics directly below each finding or recommendation.

The Richmond City Council reviewed and approved this response at their meeting of September 12, 2023.

FINDINGS

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

Response: We partially disagree with Finding 1. While a single entity is responsible for reporting on RHNA permitting targets, jurisdictions do not develop housing projects.

State Housing Law only requires that jurisdictions plan to address barriers to development, accommodate all types of housing based on the RHNA allocations, and report their progress towards achieving RHNA permitting targets.

The City of Richmond creates this regulatory environment through General Plan and Specific Plan policies, zoning standards, City programs, and/or economic incentives to encourage the construction of various types of units. In addition, the City can partner and collaborate with other agencies, organizations, and entities to advance City housing priorities. The programs in Section IV of the 6th Cycle Housing Element Update (HEU) (referred as Housing Plan by the Grand Jury) are specifically intended to encourage the production of housing in the city.

The Planning Division within the City’s Community Development Department is then responsible for preparing the Annual Progress Report (APR) as required by State Housing Law. These reports are presented before the City Council early in the calendar year, prior to submission to HCD. Furthermore, each jurisdiction’s Housing Element identifies the department responsible for carrying out the Housing Element’s Plans and Programs.

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

Response: We partially disagree with Finding 2 because while City of Richmond officials recognize the challenges ahead, our Housing Element identifies a clear path to accommodate the RHNA targets and we are actively exploring and implementing strategies to work towards meeting state mandated RHNA targets. The City’s regulatory environment successfully facilitated the permitting and development of affordable housing in the last planning cycle, and the City is going further with its programs and 486
CoR Response – “A Plan Without a Home”

policies to support affordable housing development in this next cycle. (See HEU Programs 1.A, 1.B, 1.E, and 1.J)

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 partially disagree with Finding 3 because while there are no legal or financial penalties if the cities and County do not achieve their RHNA targets, there are penalties for not accommodating RHNA in a Housing Element and the consequences for not issuing adequate permits can be considered punitive.

In addition, jurisdictions are subject to penalties if they fail to achieve Housing Element certification, including designating adequate sites to accommodate the RHNA targets.

For example, cities and the County may be subject to litigation from individuals, housing rights’ organizations, developers, and/or HCD. Depending on court decisions, local control may further diminish, beyond that prescribed in State law, including, for example, suspending cities’ or the County’s authority to issue building permits or approve certain land use permits. Cities and the County may also be subject to court- issued fines, court receivership, and streamlined approval processes that remove local discretion.

Regardless of the reasons for lack of building permit activities, if the cities or County do not issue building permits that meet the RHNA targets, developers may choose to use a ministerial process for housing projects that meet specified criteria (SB 35).

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

Response: We partially disagree with this finding. It is true that many cities and the County missed their RHNA targets for very low and low-income housing, and that RHNA Allocation for very low- and low-income housing has continued to increase, but it should be noted that Richmond attained 100 percent of its very low- and 70 percent 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.

Response: We partially disagree with this finding. Though the above list of obstacles can hinder the development of affordable housing, the City has addressed each item in 487
CoR Response – “A Plan Without a Home”

the HEU programs, policies, and actions to the extent feasible and considered acceptable to HCD as noted in the table below. Additionally, Richmond attained 100 percent of its very low- and 70 percent of its low-income targets during the 5th Cycle planning period despite many obstacles, including the ones listed in this finding.

Limited
availability of
land
Restrictive
zoning and
policies
specific to AH
development
Limited
developer
interest to
bring projects
forward
Limited
available
funding
Lack of
community
support
NIMBY
opposition and
City Council
response to
NIMBY
opposition
Program 5.M:

Richmond
Housing
Rehabilitation
Program

Program 1.J:

Surplus Land
Act Sites

Program 5.I:

County Home
Rehabilitation
Program

Additionally, the
City is using
Richmond
Housing
Authority
Properties to
upgrade and
increase the
supply of
affordable
housing.

Program 1.G:

Compliance
with Changes in
State Housing
Law

Program 1.I:

Minimum
Densities
Program 1.E:

Expedited
Review

Program 1.L:

Eliminate
Parking
Minimums near
Transit
Consistent with
AB 2097

Program 3.B:

Housing
Developers
Interviews
Program 2.C:

Affordable
Housing
Assets Fund
Program

4.D: State and
Federal
Housing Funds
Program

4.J: Funding
for
Emergency,
Transitional,
and Supportive
Housing

Additionally,
the City of
Richmond is
applying for
the CA
ProHousing
Designation
which will
provide priority
for several
state
affordable
housing
funding
programs
Program 1.D:

Outreach to
Property
Owners to
Encourage
Housing
Development

Program 5.C:

Online
Housing
Resource
Center

Program 5.D:

Housing
Education
Workshops
and Outreach

Program 6.A:

Community
Land Trust
The City
conducted
extensive
community
outreach in the
development of
the 6th Cycle
Housing
Element update
and the
Affirmatively
Furthering Fair
Housing
Appendix.

Additional
public
engagement
and
participation will
continue with
the
development of
the Housing
Equity
Roadmap and
implementation
of housing
programs
(Program 6.G).

As noted in the cover letter, in 2018, following the implementation of the TCAC Opportunity Maps, entire cities around the state were categorized as “Low” or “Moderate” Resource as is the case in Richmond. As a result, Richmond based 488
CoR Response – “A Plan Without a Home”

affordable housing projects have become less competitive in the application process for LIHTC. In the five years prior to the 2018 implementation of the Opportunity Map (2013- 2017), Richmond was awarded 13 LIHTC credits through both the 4percent and 9percent programs. In the five years following the implementation of the Opportunity Map, Richmond was rewarded only 3 LIHTC credits to fund affordable housing projects.

Despite this major challenge in accessing the primary form of financing affordable housing, Richmond attained 100 percent of its very low and 70 percent of its low-income targets during the 5th Cycle planning period covering 2015-2023.

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 partially disagree with this finding; Most jurisdictions consider amending/changing the zoning while reviewing their Housing Element and/or updating the General Plan or Specific Plans, not just when a project is proposed for development.

Pursuant to Government Code Section 65583.2(b), Housing Element sites must include information on the number of dwelling units that a site can realistically accommodate, the RHNA income category the parcel is anticipated to accommodate, whether the parcel has available or planned and accessible infrastructure, and the existing use of the site, amongst other details. When selecting sites to accommodate the lower income RHNA, HCD provides jurisdictions with best practices to consider factors such as:
(1) Proximity to transit
(2) Access to high performing schools and jobs
(3) Access to amenities, such as parks and services
(4) Access to health care facilities and grocery stores (5) Locational scoring criteria for Low-Income Housing Tax Credit (TCAC) Program funding
(6) Proximity to available infrastructure and utilities (7) Sites that do not require environmental mitigation
(8) Presence of development streamlining processes, environmental exemptions, and other development incentives.

In addition to the above requirements and pursuant to AB 686 (Government Code Section 65583(c)(10)), Housing Elements due on or after January 1, 2021, sites must be identified throughout the community in a manner that affirmatively furthers fair housing (AFFH).

According to State Density Bonus Law (SDBL), local agencies are required to allow increased density, reduced standards, and development incentives based on the number and type of affordable housing units proposed in a project. The SDBL applies to housing projects, including mixed-use developments, new subdivisions, or common- 489
CoR Response – “A Plan Without a Home”

interest development. Developers may request incentives and concessions from the jurisdiction’s regulatory or development standards that result in actual and identifiable cost reductions to provide for affordable housing costs or rents. The number of required incentives is based on the percentage of affordable units provided in the qualifying project. For example, developers may ask for increased height above that allowed by the zoning regulations. As such, height and density do not represent a restriction to development. Furthermore, many sites are located in transit-oriented neighborhoods where recent State laws have preempted restrictions on height and density.

Lastly, item (c) is not an obstacle in Richmond because the City already has an Inclusionary Housing Ordinance in place for both rental and for-sale housing. (Richmond Municipal Code Article 15.04.603). Richmond’s Inclusionary Housing Ordinance was adopted in November 2020. The City collected $314,143.63 of inclusionary housing in-lieu and non-residential linkage fees during the 2022 calendar year.

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 disagree with Finding 7 because there are other penalties that are not directly tied to the statutory deadline. There are penalties associated with lawsuits, which are rarely brought forward for simply missing the statutory deadline, but more due to a perception of continued inactions. Penalties also include eligibility for funding.

In addition, depending on specific programs, eligibility for some state funds requires a certified Housing Element (such as PLHA and State HOME funds). Finally, loss of local control is not limited to jurisdictions that do not meet specified timeframes for a certified housing element. For example, SB 35, the Housing Accountability Act, the No Net Loss Act, Density Bonus Law, and AB 2011/SB 6 specify what types of projects local jurisdictions must approve and where such projects must be approved, regardless of whether jurisdictions meet state deadlines for Housing Elements.

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 partially disagree with this finding. While Builder's Remedy and SB35 projects are valuable tools that can expedite affordable housing development, it is true that they may not comprehensively address all the ingrained local obstacles identified in this report that hinder the completion of approved AH projects. In Richmond, however, 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 490
CoR Response – “A Plan Without a Home”

Project (102 units along Central Avenue) and the Bob Dabney Plaza Project (32 units along Macdonald Avenue).

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 partially disagree with this finding. We agree that funding limitations continue to be a great barrier to producing more affordable housing. As noted, earlier the TCAC Opportunity Maps disadvantage Richmond-based affordable housing projects competing for LIHTC financing. Despite the challenges, Richmond has taken action to address the lack of funding for housing. Richmond’s Inclusionary Housing Ordinance has provisions for requiring affordable units to be built as part of for-sale projects in areas south of I-580, a housing in-lieu fee for rental projects, and non-residential linkage fee. The fees collected through the ordinance are intended to fund affordable housing projects throughout the City. Additionally, the City has applied for the State Prohousing Designation which will give Richmond priority for: 1) the Affordable Housing Sustainable Communities Program; 2) Infill Infrastructure Grant Program; 3) Transit and Intercity Rail Capital Program and other housing related funds. It should be noted that the City of Richmond was recently awarded the Affordable Housing Sustainable Communities (AHSC) grant for an affordable housing project near the Richmond BART Station.

However, these grants remain small and do not eliminate the need for additional subsidy to make affordable housing projects feasible.

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 safety-net 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 partially disagree with this finding. While local funding provided by bonds like Measure X Housing Fund in Contra Costa County are a beneficial component to help fund affordable housing construction, the amount of funding available from Measure X is not high enough to be a critical factor in a developer's overall ability to raise funds for an affordable housing (AH) development. Under the Measure X Program Allocation Summary, only $10 million dollars (about 13 percent of FY 2022-23 funding and about 4.5 percent of total funding) were allocated to a Local 491
CoR Response – “A Plan Without a Home”

Housing Trust Fund; for FY 2023-24, $12 million dollars were allocated. The Measure X Housing Funds are to be dispersed by the Department of Conservation and Development (DCD) and Contra Costa Health Services’ Health, Housing and Homeless Services (CCHS-H3) and the Housing Authority of the County of Contra Costa.

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 partially disagree with this finding. The City of Richmond agrees that proactive strategies can help attract affordable housing developers and mitigate the barriers to housing production; however, proactive strategies alone do not result in affordable housing projects being constructed. For example, while Richmond engages in all of the above, a variety of other obstacles towards affordable housing development exist beyond a local jurisdiction’s control. This includes the gap in financing between constructing market-rate versus affordable housing. Additionally, as noted earlier, the TCAC Opportunity Maps disadvantage Richmond-based affordable housing projects applying for LIHTC funding.

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 been implemented. The City of Richmond has a Housing Coordination Team that oversees development opportunities and the implementation of the Housing Element. While cities and the County are not responsible for the development and construction of housing to achieve the allocated RHNA targets, the City of Richmond diligently works to coordinate development, and routinely reviews its development regulations to ensure they facilitate housing development.

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 492
CoR Response – “A Plan Without a Home”

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. State Law (§65400) requires each jurisdiction (city council or board of supervisors) to prepare an annual progress report (APR) on the jurisdiction’s status and progress in implementing its housing element (HE) using forms and definitions adopted by the California Department of Housing and Community Development (HCD). Through the forms and tables provided by HCD (link), jurisdictions must report annual data on housing in the APR, including the following:
● Housing development applications received (including proposed number of units, types of tenancy, and affordability levels)
● Building/construction activity
● Progress towards the RHNA
● Sites identified or rezoned to accommodate a shortfall in housing need ● Program implementation status
● Local efforts to remove governmental constraints to the development of housing
● Projects with a commercial development bonus
● Units rehabilitated or preserved
● Locally owned lands included in the sites inventory that have been sold ● Locally owned surplus sites

The City of Richmond’s Housing Element Annual Progress Report (APR) is 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 composed 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 the following housing related commissions:

● Housing Advisory Commission (HAC)
o 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 low-income households. The HAC consists of seven commissioners appointed by the City Council and meets monthly.
● Rent Board
o The Rent Board sets and regulates fair and equitable rent levels to achieve housing affordability and promotes stability for Richmond residents living in housing covered by the Richmond Fair Rent, Just Cause Eviction and Homeowner Protection Ordinance. The Rent 493
CoR Response – “A Plan Without a Home”

Board consists of five members appointed by the mayor and meets monthly.
● Commission on Aging
o The purpose of the Commission on Aging is to improve and develop programs, services, and opportunities for the elderly within the City of Richmond, including monitoring and elevating senior housing needs. The Commission on Aging consists of 13 members appointed by the mayor and meets monthly.
● Design Review Board
o The purpose of the Design Review Board is to review and/or approve the design of exterior construction or modifications for which a building permit, zoning permit, certificate, or discretionary planning approval is required. This includes ensuring affordable housing projects meet objective design standards. The Design Review Board consists of seven members appointed by the mayor and meets twice monthly.
● Planning Commission
o The purpose of the Planning Commission is to prepare, adopt and maintain a long -range, comprehensive general plan for the physical growth and development of the city; to serve as an advisory body to the City Council on matters related to the City growth and development; and to promote public interest in planning. The Planning Commission also exists to consider applications for certain city discretionary approvals, including conditional use permits, subdivisions, and zoning and general plan amendments, including those related to affordable housing projects. The Planning Commission consists of seven
commissioners appointed by City Council and meets monthly. ● Economic Development Commission
o The purpose of the Economic Development Commission is to recommend long-term economic development goals to the City Council and City officials as it concerns the overall economic development of the city, which includes programs that may enhance employment of Richmond residents that can contribute to eliminating housing cost burdens and housing production. The Economic Development Commission consists of 15 commissioners appointed by City Council and meets monthly.
● The Partnership for the Bay’s Future (PBF) Site Team
o The purpose of the PBF site team is to develop and pass a public land policy that will inform the process by which the City sells or leases City-owned land to prioritize affordable housing production.

The site team consists of cross-departmental city leadership from the Community and Economic Development Departments as well as local community-based organization partners. The site team is 494
CoR Response – “A Plan Without a Home”

facilitated by Richmond’s PBF Breakthrough Grant Housing Fellow.

The site team meets twice monthly.

Each of these boards and commissions touch on issues related to affordable housing development and support an interdepartmental and inter-disciplinary approach to affordable housing preservation and production within the City. Due to the abundance of commissions focused on various aspects of affordable housing, it is not necessary to establish another.

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 low-income housing in their community.

Response: This recommendation has been implemented. As required by State Law, Richmond reviewed existing processes and identified programs to address any potential constraints to development through the Housing Element’s Constraints and Zoning Analysis. 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 low-income 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.

Additionally, the City reports affordable housing production on the website Transparent Richmond. There are other public dashboards available that report production progress against RHNA targets. For example, the Housing Readiness Report.

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 has been implemented. The adopted 6th Cycle Housing Element Update includes a sites inventory that meets affordable housing needs and programs that further facilitate the development of deeply affordable housing, such as the Equitable Public Land Policy (Program 6.R); pre-approved small lot plans (Program 2.G); density bonus (Program 3.D); and more.

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CoR Response – “A Plan Without a Home”

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. Through the Housing Element process, Richmond reviewed zoning policies and identified potential affordable housing development constraints. The Housing Element Program Section outlines forthcoming changes to zoning policies with specified timeframes to address the identified constraints. 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. Since its implementation, the inclusionary housing ordinance has resulted in notable outcomes. Several new residential developments have included affordable housing units, significantly contributing to the expansion of affordable housing options in our city. The ordinance has also generated in-lieu fees that are being allocated towards funding affordable housing projects and initiatives.

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 Board 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. The City’s 6th Cycle Housing Element Update further prioritizes provision of very low- and low-income housing through several programs and policies.

Specifically see:

Program 1.K Housing for Extremely Low-Income Households - Acquire and/or assist in the development of one or more properties for housing affordable to extremely low- income households. Specific actions the City will undertake to pursue this effort include:
● Conduct outreach to and coordinate with non-profit housing developers to facilitate housing affordable to extremely low-income households through discussions regarding potential incentives, programs, financial support, etc. ● Direct outreach to religious institution property owners or operators to inform them about AB 1851 and any other regulations that encourage housing development on these properties.
● Actively assisting and supporting developers with funding applications to support the development of extremely low-income housing.
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CoR Response – “A Plan Without a Home”

● Facilitate funding of site acquisition and project construction through strategies such as issuance of tax-exempt bonds or other financing mechanisms to support land acquisition and/or construction of housing units affordable to extremely low- income households.
● Grant incentives and concessions to housing developments that include units affordable to extremely low-income households (e.g., State density bonus law provisions).

Policy 2.1: Supply of Affordable Housing - Promote the development of homes that are affordable to extremely low, very low, low, and moderate-income households in all new residential developments as well as in existing single-family neighborhoods.

Policy 2.5: Rent Subsidies for Affordable Housing - Identify and secure funding to provide rent subsidies that assist extremely low and very low-income families, seniors, and persons.

Program 6.A: Community Land Trust - Design and implement strategies to enable community land trusts that will preserve or create affordable housing opportunities to acquire public land, create an inventory of vacant and blighted properties, and create a Community Land Policy package to encourage and enable production and preservation of permanently affordable housing. See also 6.R (Equitable Public Land Policy) and 6. K (Neighborhood and Land Stabilization Program). Responsible Party: Community Development Department Funding Source: Breakthrough Grant • Time Frame: Second quarter of 2024. As noted in Program 6.K, pilot at least one acquisition for community land trust (either vacant or developed property) to benefit a minimum of two low-income family households by December 2026. See other related time frames in Program 6.K and 6.R.

Program 6.R: Equitable Public Land Policy Develop an Equitable Public Land policy, in compliance with the Surplus Land Act, with guidelines and preferential criteria for the disposition or use of publicly owned land for affordable housing. Also see Program 1.J (Surplus Land Act Sites) and Program 6.A. (Community Land Trusts). Responsible Party: Community Development Department Funding Source: Breakthrough Grant funding, comprehensive planning fee Time Frame: Conduct spatial inventory of publicly owned land by December 2022. Conduct robust community engagement, including engaging a minimum of 300 residents from Richmond’s lower income neighborhoods by December 2023. Adopt new Equitable Public Land policy in consultation with Community Land Trusts, Limited Equity Cooperatives, and other non-profit entities that prioritize permanently affordable housing while supporting homeowner equity attainment and renter stabilization; or immediate and long-term housing solutions for unhoused residents. Issue annual Notice of Availability, for one to two parcels to provide a minimum of six units beginning September 2024. Quantified Objective: Conduct robust community engagement, including engaging a minimum of 300 residents from Richmond’s lower income neighborhoods. Issue annual Notice of Availability, for one to two parcels to provide a minimum of six units.
497
CoR Response – “A Plan Without a Home”

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.

498

September 12, 2023

Public Works

DATE: September 12, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Greg Hardesty, Parks and Landscaping Superintendent
Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager

Subject: Contract Amendment No. 1 with United Site Services for Portable Toilets
FINANCIAL IMPACT: The proposed amendment No. 1 to add $150,000 will be funded by Public Works’ Operational Budget (account
string: 01233631-400537) and by the Housing Division’s
Encampment Resolution Funds for Rounds 1 and 2
(account strings: 15061219-400201-16G07) as follows:

FY 2023-24 - $75,000
FY 2024-25 - $75,000
FY 2025-2027 - $150,000 – Option years wil be budgeted
accordingly.

PREVIOUS COUNCIL
ACTION:

June 7, 2022

STATEMENT OF THE
ISSUE:

The Parks Maintenance Division and Housing Division
are seeking approval of contract amendment No. 1 with
United Site Services of California, Inc. to add additional funds to provide and service portable toilets on an as- needed basis.

AGENDA
REPORT
499

September 12, 2023
RECOMMENDED ACTION:

APPROVE a first amendment to the contract with United
Site Services to increase the contract amount by
$150,000, for a total not-to-exceed amount of $225,000, with a contract term ending June 30, 2025, with two one- year options to renew at a combined total of $150,000 for the two option years – Public Works
Department/Community Development Department
(Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-
6920/Lina Velasco 510-620-6841).

DISCUSSION:

On June 7, 2022, the City Council approved a three-year contract for $75,000 with an additional two-year option of $50,000. City staff proposes to add additional funds to the contract now to meet portable toilets needs at parks and encampments. The current two-year option of $50,000 cannot be exercised at this time because the original three- year term of the contract has not expired. Therefore, City staff is requesting to add $150,000 now ($75,000 for each year remaining on the contract) and, rather than have the one two-year option for $50,000 set forth in the original contract, instead have two one-year options to renew in an amount not to exceed $150,000 for the combined two option years. This will provide flexibility in meeting portable toilet demands based on unknown factors, such as how many special events the City will have at parks or how many and for how long restrooms may go out of service during the contract term. If the two one-year options are exercised, the total contract amount will not exceed $375,000.

Currently, there is one portable toilet located at the following City parks: Nevin, JFK, and Point Molate. The units are cleaned approximately three (3) times a week. Cleaning times may be adjusted over time since it’s based on usage by park visitors. In addition, portable toilets may be used temporarily when bathrooms are out of service at parks, and during City-sponsored events held at parks, where existing restrooms may be insufficient to meet the anticipated event needs (e.g., Juneteenth at Nicholl Park).

Additional funds are also being requested to allow temporary placements at encampments, as needed.

Summary of Procurement Procedures

As part of the original contract procurement process, a request for bids was requested via the City’s BidsOnline system. Specifically, on March 17, 2022, a request for bid was posted on BidsOnline to provide and service portable toilets at City parks on an as- needed basis. Two bid proposals were received on March 31, 2022. The proposals were as follows:

United American
Delivery Charge for Initial Set Up $ 65.85 $ 82.00
Supply and Service for Standard Unit (1 cleaning per week) $ 91.95 $104.00 Supply and Service for ADA Unit (1 cleaning per week) $166.95 $185.00 Supply and Service Wash Station (1 cleaning per week) $ 91.95 $ 85.00 500

September 12, 2023
Damage Waiver $ 15.00 $ 7.00
Locks on Unit $ 21.95 $ 5.00
The prices above are set prices that will be paid when an order is placed.

CONCLUSION:

City staff is requesting additional funds to continue providing and servicing the portable toilets at different parks, City-sponsored events, and encampment locations throughout the City, and an amendment to the original contract to allow for two one-year options to extend in a total amount not to exceed $150,000 for the combined extension options.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 1
Attachment 2 – Standard Contract
501

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Ma nager:

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 an d 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.

502
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.

503
Contract Amendment between the City of Richmond and
Amendmen
t 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
504
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

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

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

Contract Amendment/EJ/TE 9-26-07

505
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):

Increa sed 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):

Increa sed 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 Coun cil of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):

Increa
sed 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):

Increa sed 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):

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

Term Amendment (insert new termination date):________________________

Service Plan

506
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 1 of 5

Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services that involve environmental risks and/or the transportation of hazardous materials including asbestos, hazardous chemicals or waste, and nuclear risks, the City requires the following MINIMUM insurance requirements and limits.

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), 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 Insurance.

6. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions.

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

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

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

507
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 2 of 5

Revised: September 2011

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

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

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

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

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

Automobile Liability

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

If the Contractor is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous
materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials transported by Contractor.

For additional information regarding the Motor Carrier Act and limits of liability see Page 5.

Contractors Pollution Liability
and/or Pollution Liability
Protects against environmental and
pollution risks and
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

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

Same limits as General Liability.

Policy shall be endorsed to name the City of Richmond as an additional insured.

Environmental coverage must remain in force for a period of five years after completion of the project. Contractor must provide updated certificates indicating that the required coverage, terms and conditions are still in place.

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

Additional Insured Endorsement

Applicable to General Liability, Contractors Pollution Liability and/or Asbestos Pollution policies.

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

ISO form CG 20 10 (11/85) or its equivalent is required. 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.
508
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 3 of 5

Revised: September 2011

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 excess of the Contractor’s insurance and shall not contribute with it 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 Endorsement 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.

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

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

Lead-Based Paint/Asbestos/Mold
If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

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.
509
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 4 of 5

Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

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

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

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

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

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

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

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

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

510
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:

Contracts with Environmental Risks/Hazardous Waste Materials

Type 3 – Page 5 of 5

Revised: September 2011
ADDITIONAL INFORMATION REGARDING THE MOTOR CARRIER ACT OF 1980

The Motor Carrier Act of 1980 imposed higher levels of financial responsibility on motor carriers operating under federal permit and intrastate carriers operating under state authority. The chart below shows the minimum required financial responsibility as determined by the type of cargo hauled.

The Act requires the MCS-90 endorsement in the amount of $750,000 to be attached to any automobile liability policy issued to motor carriers operating commercial motor vehicles with a gross vehicle weight rating of 10,000 or more pounds that are transporting any non-hazardous property in interstate or foreign commerce. The MCS-90 endorsement is also required when interstate, intrastate and foreign commerce is transporting hazardous material/waste/substances. The liability limit depends upon the type of truck and method of transportation. Its purpose is to ensure that funds are available for damages arising from a trucking accident that involves hazardous materials subject to the Act.

DEPARTMENT OF TRANSPORTATION SCHEDULE OF LIMITS-PUBLIC LIABILITY Type of Carriage Commodity Transported Financial Responsibility (1) For-hire in interstate or foreign
commerce, with a gross vehicle
weight rating of 10,000 or more
pounds).

Any Property (non-hazardous) $750,000
(2) For-hire and Private (in interstate,
foreign, or intrastate commerce,
with a gross vehicle weight rating of
10,000 or more pounds).

Hazardous substances transported in
cargo tanks, portable tanks, or
hopper-type vehicles with capacities in
excess of 3500 water gallons.

Hazardous Substances does not
include petroleum, including crude oil
or any fraction thereof which is not
otherwise specifically listed or
designated as a hazardous substance
in appendix A to §172.101 and the
term does not include natural gas,
natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel
(or mixtures of natural gas and such
synthetic gas).
49 CFR 171.8
$5,000,000
(3) For-hire and Private (in interstate
or foreign commerce: in any
quantity; or in intrastate commerce,
in bulk only; with a gross vehicle
weight rating of less than 10,000
pounds).

Compressed Oil Gas (listed in 49 CFR
172.101) hazardous waste, hazardous
materials, and hazardous substances
such as lead, asbestos, mold, dry
cleaning chemicals, benzene, etc.
(as defined in 49 CFR 171.8 and listed
in 49 CFR 172.101, but not mentioned
in (2) above or (4) below.)
$1,000,000
(4) For-hire and Private (in interstate
or foreign commerce, with a gross
vehicle weight rating of less than
10,000 pounds).

Any quantity of explosives that have
mass explosion hazard, projection
hazard, or fire hazard (Division 1.2,

1.2, or 1.3); poisonous gas (Division

2.3); poisonous materials (Division

6.1); materials poisonous by inhalation
(Hazard Zone A); or radioactive
material (Class 7 material).

$5,000,000

CONTACT RISK MANAGEMENT IF YOU HAVE ANY QUESTIONS REGARDING THE MCS-90 ENDORSEMENT AND/OR THE MOTOR CARRIER ACT OF 1980
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