Richmond City Council
October 3, 2023

2 TOTAL 96
DocuSign Envelope ID: 08BE7E71-86E6-4229-98F3-87897B65FB83

City of Richmond RFQ Evaluation Form – Municipal Advisor Consulting Services Date:______9.14.2021_________________________
Vendor ___NHA_______ Evaluator Name ______T. Fuller________________ Evaluation Criteria Maximum
Points
Assigned
Score Comments

1. Experience/Past Performance/References
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFQ; number of years of experience in performing similar work.
30 30 Experienced and
creative.

2. Proposer Qualifications
This category will evaluate the respondent’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope, and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.
30 30 Well qualified. Have
done many, many
CFDs, so excellent
firm to have on-call.

3. Project Team
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude.

This category will evaluate the firm’s:
• Qualifications and relevant individual experience
• Unique qualification of key personnel
• Staff Availability / Time commitment of key members
• Organization chart
20 20 Experienced team
with high
commitment to
serving clients well.

Cost Proposal 20 20
TOTAL 100
DocuSign Envelope ID: 08BE7E71-86E6-4229-98F3-87897B65FB83

City of Richmond RFQ Evaluation Form – Municipal Advisor Consulting Services Date:______9/20/2021_________________________
Vendor ___PRAG_______ Evaluator Name ______JOE LEACH________________ Evaluation Criteria Maximum
Points
Assigned
Score Comments

1. Experience/Past Performance/References
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFQ; number of years of experience in performing similar work.
30 25 Good firm. Seem to
have strength in
certain types of
financing w/
competency in most
others

2. Proposer Qualifications
This category will evaluate the respondent’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope, and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.
30 25 Good competent.

3. Project Team
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude.

This category will evaluate the firm’s:
• Qualifications and relevant individual experience
• Unique qualification of key personnel
• Staff Availability / Time commitment of key members
• Organization chart
20 18 competent
Cost Proposal 20 18
TOTAL 86
DocuSign Envelope ID: 08BE7E71-86E6-4229-98F3-87897B65FB83

City of Richmond RFQ Evaluation Form – Municipal Advisor Consulting Services Date:______9.14.2021_________________________
Vendor ___PRAG_______ Evaluator Name ______T. Fuller________________ Evaluation Criteria Maximum
Points
Assigned
Score Comments

1. Experience/Past Performance/References
Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFQ; number of years of experience in performing similar work.
30 25 Good firm. But not for
every type of
financing.

2. Proposer Qualifications
This category will evaluate the respondent’s ability to take upon itself the responsibilities set forth in the Scope of Services and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope, and objective of the services to be performed. It is the intention of the City of Richmond to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to execute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Richmond will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress.
30 25 Good generally, but
not my first choice for
the CFD work.

3. Project Team
Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude.

This category will evaluate the firm’s:
• Qualifications and relevant individual experience
• Unique qualification of key personnel
• Staff Availability / Time commitment of key members
• Organization chart
20 20
Cost Proposal 20 15
TOTAL 85
DocuSign Envelope ID: 08BE7E71-86E6-4229-98F3-87897B65FB83

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ 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.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
03/04/2022
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.

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

PRODUCER CONTACT
NAME: K T L Business Insurance Services, Inc.

KEVIN LEVINE
K T L BUSINESS INSURANCE SERVICES, INC.
322 8TH STREET SUITE # 101
DEL MAR CA 92014
PHONE
(A/C, No, Ext): (858) 350-0555 FAX(A/C, No): (858) 350-0556 E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
Agency Lic#: CA # 0D86601 INSURER A : Valley Forge Insurance Company 20508

INSURED

NHA ADVISORS, LLC
4040 CIVIC CENTER DR STE 200
SAN RAFAEL CA 94903
INSURER B : Hartford Property & Casualty 34690
INSURER C : Underwriters at Lloyd's, London
INSURER D:

INSURER E :

COVERAGES CERTIFICATE NUMBER: 91696
INSURER F :

REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDLINSD
SUBR

WVD POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 6025083654 01/23/22 01/23/23 EACH OCCURRENCE $ 2,000,000

CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurence) $ 300,000
MED. EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY
PROJECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000
OTHER: $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
$

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident) $

HIRED AUTOS NON-OWNED
AUTOS

PROPERTY DAMAGE
(per accident) $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED

EXCESS LIAB
RETENTION $ $
B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
72WECAA9ESI 11/08/21 11/08/22 X
PER

STATUTE
OTHER
Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A
(Mandatory in NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000 C PROFESSIONAL LIABILITY MPL437400022 02/06/22 02/06/23 AGGREGATE $2,000,000 EACG CLAIM $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CITY OF RICHMOND, ITS OFFICERS, OFFICIALS, EMPLOYEES OR VOLUNTEERS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY AS PER ATTACHED BLANKET ENDORSEMENT AND POLICY FORM. 30-DAY NOTICE OF CANCELLATION GIVEN FOR NON-PAYMENT OF PREMIUM.

CERTIFICATE HOLDER CANCELLATION
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
Attention:

Kevin Levine
ACORD 25 (2014/01)
The ACORD name and logo are registered marks of ACORD
© 1988-2014 ACORD CORPORATION. All rights reserved. Page 894 of 2052 520

October 3, 2023
City Council
DATE: October 3, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Bana
Subject: Ya Basta y Sin Miedo/Enough is Enough Domestic Awareness Campaign Banners
FINANCIAL IMPACT: Approximately $3,500

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Councilmember Bana co-sponsored the Ya Basta
Enough is Enough Concert held on September 30, 2023
in the Civic Center Plaza courtyard to bring awareness to domestic violence. As part of the campaign, an art
contest was conducted. Banners will be designed of the
winning image.

RECOMMENDED ACTION: DIRECT City staff to install five to seven Ya Basta Enough is Enough banners in or around the Civic Center
Plaza by October 16, 2023, to bring awareness to ending violence against women and girls - Councilmember Bana
(510-620-6743).

DISCUSSION:

Eliminating violence against women takes center stage as Councilmember Soheila Bana and the City of Richmond join forces with The Latina Center, artists, community leaders including survivors, and community partners to host a bilingual Benefit Concert.

AGENDA
REPORT
529

October 3, 2023
This event was dedicated to raising public awareness about and bringing an end to domestic violence against women and girls as well as all forms of gender-based violence. The ¡Ya Basta! y Sin Miedo / Enough is Enough! Benefit Concert was held outdoors at Richmond Civic Center Plaza on Saturday, September 30th, from 2 to 5PM.

The concert was FREE and open to the public. More information at www.thelatinacenter.org.

Leading up to the Benefit Concert, a Richmond Art Contest was held in August for Richmond residents of all ages. The call was for impactful art that highlights the need to end violence against women and girls. The winner and finalists were announced and checks were awarded to participants at the event on the 30th. The winner’s art will be featured on posters and potentially banners on lighting posts around the City in October through November, during National and International Domestic Violence Awareness Months.

The dimensions of the banners are 30” x 96” and the cost to produce 5-7 banners is $1,372 - $1,920. Public Works staff are available to install the banners on an overtime basis due to current workloads. The cost for the overtime is $1,500 and will be conducted over the weekend(s) prior to October 16, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Mock Banner Design
Attachment 2 – Benefit Concert Press Release
530
Mock-Up (Draft) of Banners for Richmond Light Poles
Featuring Art of Richmond Resident Rene Barba Lopez, Grand Prize Winner of the 2023 Richmond Art Contest
On 9/14/2023, the Richmond Arts & Culture Commission (RACC) Voted & Approved the Artwork & Banner Design to be presented to the Richmond City Council. 531

FOR IMMEDIATE RELEASE
CONTACTS: Katherine Rife, The Latina Center, [email protected], (202) 340-8989 Trina Jackson-Lincoln, City of Richmond, [email protected], (510) 620-6581 DATE: September 12, 2023
Richmond Artists, Advocates, & Civic Leaders
Organize Benefit Concert to End Domestic Violence
(RICHMOND, CALIFORNIA) Eliminating violence against women takes center stage as Councilmember Soheila Bana and the City of Richmond join forces with The Latina Center, artists, community leaders including survivors, and community partners to host a bilingual Benefit Concert. This event is dedicated to raising public awareness about and bringing an end to domestic violence against women and girls as well as all forms of gender-based violence. The ¡Ya Basta! y Sin Miedo / Enough is Enough! Benefit Concert will be held outdoors at Richmond Civic Center Plaza on Saturday, September 30th, from 2 to 5PM. It is FREE and open to the public. See attached flier. More information at www.thelatinacenter.org.

A Song
Miriam Wong, Executive Director of The Latina Center in Richmond, reached out to Richmond-based artist Gabriela Shiroma one year ago with an idea. She was moved by a song, called “Cancion Sin Miedo” (“Song Without Fear” in English) originally written and performed by composer and singer Vivir Quintana in 2020 as a tribute to mothers in Mexico who lost their daughters to femicide. The song is an anthem for millions of people, has been adapted around the world, and calls for the end of all gender violence.

Miriam Wong’s dream was to create a Bay Area version of this song, so she and Shiroma brought together Latina artists and community leaders - including survivors and their families and friends – to make this dream a reality. The artists and advocates together created, practiced, and recorded a Bay Area version of this song that demands the end of domestic violence and all gender violence. With this, a song and a local movement were born. They will perform their song publicly for the first time on September 30th. See their video which is an abbreviated version of the song (Link to video in Spanish, Link to video with English subtitles.

The rates of domestic violence and gender violence – in Richmond and around the world – remain alarming. According to the United Nations, 1 in 3 women globally have experienced physical or sexual violence mostly by an intimate partner. Since the outbreak of COVID-19, violence against women and girls has intensified globally. The Secretary-General of the United Nations, António Guterres, has called it a “shadow pandemic.”
“For over two decades, The Latina Center has supported the recovery and empowerment of women and youth who experience domestic violence,” says Miriam Wong, Executive Director and Founder of The Latina Center. “With great concern, we recognize violence as a social epidemic that affects us all in one 532
way or another. I firmly believe that we must work with the vision of creating spaces, allowing each violent person and abuser to change their destructive behavior for the good of their family, society, and their well-being. Let's work together for change and to create a society of Anti-Violence.” A Coalition of Community Leaders
Richmond Mayor Eduardo Martinez, District Attorney Diane Becton, County Supervisor John Gioia, and representatives from the offices of Congressman John Garamendi and Assemblymember Buffy Wicks will be in attendance. Their presence underscores the collective resolve of the Richmond community to end violence against women.

Richmond Art Contest
Leading up to the Benefit Concert, a Richmond Art Contest was held in August for Richmond residents of all ages. The call was for impactful art that highlights the need to end violence against women and girls.

The winner and finalists will be announced and awarded checks in person at the event on the 30th. The winner’s art will be featured on posters and potentially banners on lighting posts around the City in October, the month of Domestic Violence Awareness.

Concert & “Canción Sin Miedo / Song Without Fear” Performance The event will include music and dance performances from prominent Bay Area artists. The highlights of the event are the song performance of the Bay Area version of “Cancion Sin Miedo” and performances by a group of 50+ survivors and their friends and family that have been practicing for over two months. It will also include a performance by East Bay Center for the Performing Arts’s “Son de la Tierra.” A Commitment to Take Action
During the event, the City of Richmond will make a public commitment to partner with community organizations including The Latina Center, the Family Justice Center, and more in a concerted effort to eliminate violence against women and girls.
"We are committed to not just raising awareness but to also taking concrete steps to eliminate violence," says Councilmember Soheila Bana. "We are collaborating across departments and with community organizations, residents, and other stakeholders to create and implement policy changes this fall that make Richmond a safer place for women, girls, and everyone." The Benefit Concert is made possible with the support of The Latina Center; Councilmember Soheila Bana with the City of Richmond; The City of Richmond; the Love Your Block Mini-Grant from the City of Richmond City Manager’s Office, Economic Development and Community Services Department; Latino Community Foundation’s PoderArte initiative with support from the California Arts Council; Esperanza United and Mujeres Latinas en Acción (Mujeres); Magic Cabinet; Visión y Compromiso; and the East Bay Center for the Performing Arts.
####

ABOUT THE LATINA CENTER
The Latina Center is a community-based organization that improves the quality of life and health of the Latino community by providing leadership and personal development opportunities to Latinos and their families in Richmond, Contra Costa County, and the San Francisco Bay Area in California.

For 23 years, they have served 65,000+ people with trauma-informed and culturally relevant programs and services. Learn more at www.thelatinacenter.org 533

October 3, 2023
Community Development
DATE: October 3, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Samantha Carr, Environmental Manager
Subject: Sole-Source Contracts with Urban Tilth and Urban Tilth as fiscal Sponsor of Rich City Rides for Transformative Climate Communities (TCC) Round 4 Implementation
Grant
FINANCIAL IMPACT: The City and its Co-Applicants were awarded a $35 million Transformative Climate Communities (TCC)
Round 4 Implementation Grant. The subject contracts
will be funded by the TCC grant. Account string:
15061219-400201-16G09

PREVIOUS COUNCIL
ACTION:

June 21, 2022, December 20, 2022, September 19, 2023

STATEMENT OF THE
ISSUE:

On October 27, 2022, Richmond and its co-applicants
were awarded a $35M Transformative Climate
Communities (TCC) Round 4 Implementation Grant by
the California Strategic Growth Council (SGC).

Richmond’s project is titled Richmond Rising: Healthy,
Connected, and Climate Strong and focuses on projects
serving the Iron Triangle, Santa Fe, and Coronado
neighborhoods. The City and its Co-applicants have
completed the Post-Award process and the $35M TCC
grant agreement between SGC and the lead applicant,
City of Rihcmond, has been executed. In order to
implement the Richmond Rising project, contracts
between the City and each of the five CoApplicants will be used as the mechanism for distributing the grant
funds. City staff members are requesting approval of the AGENDA
REPORT
534

October 3, 2023
contracts between the City and each co-applicant to
distribute the TCC grant funding.

RECOMMENDED ACTION: APPROVE two sole-source contracts with named grant co-applicants: 1) $7,042,833.41 with Urban Tilth and 2) $3,680,656.75 with Rich City Rides, operating with fiscal sponsorship by Urban Tilth, to implement certain
subprojects funded by the $35 Million Transformative
Climate Communities (TCC) Round 4 Richmond Rising
Project focused on serving the Iron Triangle, Santa Fe, and Coronado neighborhoods, with a term ending
December 31, 2028 – Community Development
Department(Lina Velasco 510-620-6706/Samantha Carr
510-620-5407).

DISCUSSION:

On June 21, 2022, the City Council authorized an application for a Transformative Climate Communities (TCC) Round 4 Implementation Grant. The grant requested applications be limited to five-square miles and focus on supporting disadvantaged communities (California Senate Bill 535: Disadvantaged Communities) The City’s proposal, Richmond Rising: Healthy, Connected, and Climate Strong, included five CoApplicants: (1) Groundwork Richmond, (2) GRID Alternatives, (3) Rich City Rides, (4) Trust for Public Land, and (5) Urban Tilth. On October 27, 2022, Richmond’s application was awarded a $35M Transformative Climate Communities (TCC) Round 4 Implementation Grant by the California Strategic Growth Council. Richmond’s TCC project focuses on projects serving the Iron Triangle, Santa Fe, and Coronado neighborhoods. The ten projects included in the Richmond Rising application are:

1. Neighborhood Complete Streets: walking and biking improvements on Harbour Way, Ohio Avenue, and some AC Transit bus stops. – City will be the subproject lead.

2. Richmond Wellness Trail, Phase 2: walking and biking improvements to connect with Phase 1 to connect the Richmond BART and central neighborhoods with the waterfront. – TPL will be the subproject lead.

3. E-Bike Lending Library: long- and short-term e-bikes access for free to target neighborhood residents to improve carbon-free mobility options. – Rich City Rides will be the subproject leads.

4. Resilient Homes for Healthy Communities: residential solar panel installations and home energy efficiency and health and safety upgrades at no cost to income-qualifying residents. – GRID Alternatives will be the subproject lead.

5. Basins of Relations: residential greywater systems and rainwater capture systems at no cost to income-qualifying residents, installed by local youth who receive training in watershed stewardship and installation. – Urban Tilth will be the subproject lead.
535

October 3, 2023

6. Bosque del Barrio: tree planting throughout the project area to create a healthy urban forest. – Groundwork Richmond will be the subproject lead.

7. ADA Accessible Garden: edible and pollinator garden at Unity Park with specially designed planting beds so seniors and wheelchair users can comfortably participate in gardening and community activities. – Urban Tilth will be the subproject lead.

8. Orchard for ALL!: creating a distributed orchard through fruit tree giveaways, with tree care and harvest support offered in exchange for a share of the harvest, which will be distributed at free farm stands and in veggie boxes. – Urban Tilth will be the subproject lead.

9. Veggie RX: prescription veggie boxes in partnership with the local health clinic, to provide free fruits and vegetables as preventative care along with community health workers and programming to support change to a more sustainable diet. – Urban Tilth will be the subproject lead.

10.E-Bike Share: expand the City's current bike share program and infrastructure through a partnership with Charleston Mobility. – the City’s Transportation Division will be the subproject lead.

In addition, the Richmond Rising application includes four Transformative Plans including Community Engagement, Workforce Development, Displacement Avoidance policies and programs, and Indicator Tracking. For more information on the Transformative Climate Communities Grant Awardees visit: California Awards $96 Million for Climate Projects in 10 Frontline Communities | California Governor.

The City and its Co-Applicants have completed the Post-Award process and the $35M TCC grant agreement between SGC and City of Richmond has been executed. The City will distribute the funds to the five named Co-Applicants. The grant requires that all eligible project leads are local public agencies, non-profit organizations, or joint powers authorities. A question has been raised regarding Urban Tilth’s non-profit status. More specifically, Urban Tilth requested and received a 90-day extension to provide required audits that are due on October 30, 2023. The Registry of Charitable Trust within the Office of Attorney General (DOJ) confirmed that Urban Tilth can still solicit and receive contributions and/or otherwise conduct its day-to-day operations during this period. The City can still distribute funds to Urban Tilth.

City staff is requesting approval of the contracts between the City and the last two of the five Co-Applicants to facilitate distribution of the TCC grant funding. The first three CoApplicant contracts were approved by the City Council at its September 19, 2023 meeting.

DOCUMENTS ATTACHED:

Attachment 1 – TCC Grant Award Letter Richmond
Attachment 2 – Urban Tilth Contract with Sole Source Form Attachment 3 – Urban Tilth Contract as fiscal sponsor of Rich City Rides with SoleSource Form 536
1400 Tenth Street, Sacramento, CA 95814 ● www.sgc.ca.gov ● (916) 324-9775 October 31, 2022
Via Email
Mayor Tom Butt
City of Richmond
Attn: Lina Velasco
Director of Community Development
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
[email protected]
RE: Award Notification – Transformative Climate Communities (TCC) Program, Round 4, Implementation Grant Award, City of Richmond, “Richmond Rising: Healthy, Connected, and Climate Strong” Dear Mayor Butt,
The California Strategic Growth Council (SGC) is pleased to inform you that the Council approved a Transformative Climate Communities Implementation award of $35 million dollars to the City of Richmond for “Richmond Rising:

Healthy, Connected, and Climate Strong” at its October 27, 2022, meeting. Previously funded by California’s Capand-Trade Program, Round 4 of TCC was funded by a FY 2021-2022 budget appropriation from the General Fund.

This program funding empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to reduce greenhouse gas emissions and local air pollution. The TCC Program reflects the SGC’s commitment to support community-led transformation and achieve equitable, resilient communities and landscapes for all Californians. Congratulations on your successful application.

This letter provides a conditional commitment of grant funds. TCC staff will initiate the Post-Award Consultation (PAC) process soon by scheduling a meeting with the Awardee and sending a review package including review checklists for all projects and transformative plans. This process will involve addressing any outstanding issues identified by TCC staff, reviewers, and the interagency panel, as well as finalizing the grant agreement. Grantees and Partners will need to work closely and collaboratively with TCC Staff to address all issues prior to grant execution. All requested documentation and changes should be finalized within six (6) months after the Council makes awards. New to Round 4, we will provide a mini grant to support administrative, staff, and materials costs for Grantees and Partners as they complete the PAC process. Our partnering agency, the Department of Conservation, will lead the PAC process.

Following execution of the grant agreement, grant funds will be disbursed on a bi-monthly basis for eligible direct, indirect, and indicator tracking costs. All reimbursed costs must meet the requirements for reimbursable tasks outlined in the grant agreement. TCC has also been authorized for an Advance Pay Pilot program (AB 156) and will follow up on the terms for accessing advance pay once approved by Council. Please note that no funds will be reimbursed for costs and expenses incurred prior to grant agreement execution, with the exception of limited PAC costs for staff and materials in accordance with forthcoming guidance.

We look forward to our partnership in the coming years. If you have any questions, please contact Sophie Young, TCC Program Manager, at [email protected].

Sincerely,
Lynn von Koch-Liebert
Executive Director
California Strategic Growth Council
537
ACTION: FY 2021-2022 TCC Implementation Grants Round 4 Agenda Item #6 October 27, 2022| Page 8 of 57
Award Recommendation 2: City of Richmond: Richmond Rising Award Amount: $35,000,000 (Recommended); $34,413,431 (Requested) Leverage Funding: $17,342,527
Co-Applicants:
• City of Richmond
• Trust for Public Land
• Rich City Rides
• GRID Alternatives
• Urban Tilth
• Groundwork Richmond
Projects:
• Neighborhood Complete Streets
• Richmond Wellness Trail
• E-Bike Lending Library
• Resilient Homes for Healthy
Communities
• Basins of Relations
• Bosque del Barrio
• ADA Accessible Garden
• Orchard for All!
• Veggie RX
The Richmond Rising proposal is the result of years of stakeholder collaboration, including a TCC planning grant, to address environmental justice concerns in the Iron Triangle, Santa Fe, and Coronado neighborhoods that adjoin the historical heavy industrial zones in Richmond. The proposal aims to empower the city’s most marginalized communities through complete streets and affordable active transportation options; renewable energy resilient homes; water absorption and reuse; urban greening and cooling of neighborhoods; and enhanced food security for improved health and wellbeing.

The City, alongside five co-applicants, have collaborated over four years of planning and project work to develop the proposal’s objective and vision. This proposal’s Community Engagement Plan (CEP) draws upon direct ties to priority populations, as well as capacity through Richmond Rising Youth Fellows Program (annual paid fellowship for Black and Brown youth). Richmond Rising’s Displacement Avoidance Plan (DAP) includes a robust set of City programs and policies informed by quantitative data which complement the City’s existing work in developing, promoting, and passing policies and programs that address residential and business displacement. Although the proposal meets TCC Program Requirements, only .24% of the total budget (of maximum allowable 3%) was dedicated to the DAP. This amount was the result of a budgeting error caused by unclear language in the TCC Guidelines. The proposal also includes workforce development through solar installation basic training, as well as the RichmondWORKS city program which provides career skills training and supportive services.

Overall, Richmond Rising presents a strong vision for the Iron Triangle, Santa Fe, and Coronado neighborhoods informed by years of youth leadership, grassroots organizing, community engagement, and community planning. This vision is complimented by the applicant and coapplicants’ demonstrated capacity for executing the proposed plans and projects. 538
ACTION: FY 2021-2022 TCC Implementation Grants Round 4 Agenda Item #6 October 27, 2022| Page 9 of 57
Recommended conditions on award:
- Provide additional details on work plans, budgets, and staff capacity dedicated to the projects
- Strengthen long-term operations and maintenance plans for projects including urban greening.
- Revise Displacement Avoidance Plan (DAP) to address budget error and plans for community outreach and feedback and budget inclusion. Up to an additional $586,569 will be available for the DAP, increasing total award to $35,000,000, provided Richmond meets threshold requirements of 50% leverage funding.
- Consider mitigation measures to account for resilience to future climate change impacts on projects in low-lying coastal waterfronts, such as the Richmond Wellness Trail (Project 2).
- Provide additional details on project feasibility questions. - Provide readiness documentation for projects including Project 6, Bosque Del Barrio. - Provide additional details and possible modifications to Project 3, E-bike Lending Library to be consistent with program requirements.
- Work with TCC staff to determine whether additional implementing partners, such as Rich City Rides, need to be added to the Partnership Agreement; submit additional management and financial capacity documentation.
539

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.
540

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
541
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:
542

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project # and Name: 5 - Basins of Relations Strategy: Water Efficiency Lead Entity: Urban Tilth
Project Description: The Basins of Relations (BoR) Watersheds training program expansion will offer grey water and laundry to landscape systems design and installation by outreaching to 300 homes and enrolling 120 homes while offering 3 training programs to local young people interested in pursuing green careers. It will also mobilize these skills by employing these young people and our Watersheds team to design and install grey water and laundry to landscape systems for FREE for low-income homeowners in our project area.

Operations & Maintenance Plan: During the grant term, Urban Tilth will offer limited warranty and repairs on all systems installed at project sites. The extent of warranty and maintenance will be determined as a part of project development during the first year of the project. Urban Tilth’s Watersheds team will be responsible for operations and maintenance during the grant term, as funded by TCC.

Urban Tilth will seek additional funds for this project to continue the program and cover ongoing operations and maintenance.

Maintenance responsibilities will transfer fully to the property owner after 3 years unless funding is secured for Urban Tilth’s Watershed team to continue to offer maintenance services. Certain equipment used in this project will have a 5–10-year life cycle and will need basic regular maintenance.

Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (implementation) until all readiness deliverables within Task 1 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.

Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Readiness and Program Development
A: Hire WTS Water Conservation
Project Manager specializing in
leading the design and installation
of grey water and laundry to
landscape systems
A: Job Description
Grant Execution -
August 2024 $21,944.00 $18,992.00
B: Research similar water
conservation training programs to
ensure our program uses best
B: Final report outlining research
findings
543

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
practices in the design, operations
and training of staff
C: Update Basins of Relations
program curriculum to include grey
water and laundry-to-landscape
systems design and installation
C: 1) Updated program
curriculum
2) Training program schedule
D: 1) Create program outreach
plan and materials: a) training
program, and b) homeowners; and
conduct design review meeting for
feedback and finalize program
outreach materials. 2) Create
template homeowner participant
agreements/contracts.

Readiness Condition
D: 1) Completed program
outreach plan and materials
(pdfs or other digital media)
2) Template homeowner
participant agreements/contracts
Task 2: Water Conservation Training Program Implementation A: Recruit Training Program
participants (BoR=8
apprentices/cohort, 30-40
participants total)
A: 1) Outreach materials
2) Participant registration lists
Project Completion
Period $438,709.20 $1,008.00
B: Conduct 3 Training Programs
for recruited participants (8
apprentices)
B: Summary of training
(including but not limited to
program schedules, photos)
C: Support 10 program graduates
in receiving professional
certification in greywater
installation or water-efficient
landscape design. Support
enrollment and matriculation
C: Proof of enrollment
544

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
through one-on-one check-ins with
each interested apprentice.

D: Complete 3 annual program
evaluations for years 1, 3, and 5
D: Annual Final Program
Reports, including evaluation
results and recommendations
Task 3: Project Installation
A: Outreach to 300 homeowners
interested in installing drought
tolerant landscaping, drip
irrigation, water catchment and/or
laundry to landscape greywater
systems
A: 1) Outreach logs
2) Outreach materials
Project Completion
Period B: Enroll 120 homeowners in the $869,672.80 $0
program
B: Bimonthly log of signed
contracts
C: Complete designs for 120
homes for drought tolerant
landscaping, drip irrigation, water
catchment and/or laundry to
landscape systems
C:1) Summary report of design
documents 2) Sample design
documents from one or more
representative sites
545

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
D: Install in 120 homes drought
tolerant landscaping, drip
irrigation, water catchment and/or
laundry to landscape greywater
systems for low-income
homeowners within the TCC
project area
D:1) Bimonthly summary reports
of household progress that
period, including but not limited
to: address, method of
contact/intake, date of
assessment, date of installation,
number and type of measures,
and cost per measure
2) Final summary table that logs
all participating residents, dates
installed, and total measures
installed
E: Assess water conservation
potential and realized impact of
each project and collectively for all
completed projects
E: Bimonthly and annual
assessment reports
Task 4: Project Assessment and Grant Administration
A: Invoicing and reporting;
including metrics and project
management
A: 1) Bimonthly progress reports
and invoicing
2) Final report highlighting
project metrics
3) Regular GHG calculations as
needed Project Completion
Period $70,260.48 $0
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
B: 1) Annual Indicator Reports
2) Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information Requests
546

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
C: Monthly check in meetings with
project team to ensure that team is
collecting assessment data and
progressing in alignment with
project timeline
C: Status reports and updated
logs of program data per
reporting period
D: Ensure project data collection
of program participants, locations,
demographics, water conservation
achieved, native or tree plants
serviced, drip conversions, total
system installed, total number of
trainings, apprentices trained,
retention of conceptual material
with a pre/posttest, and installation
success rates.

D: Quarterly, annual, and final
quantitative and qualitative
reports
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $140,058.65 $0
Lead Entity Indirect Costs
Indirect costs consistent with the
TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.

Project Completion
Period $140,058.65 $0
Project Total $1,680,703.78 $20,000.00
547

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project # and Name: 7 - ADA Accessible Garden Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: The ADA Accessible Garden Project increases access for local seniors or those with mobility challenges to actively participate in edible and pollinator gardens along the Richmond Greenway and access healthy foods. The garden design includes beds to be worked from a seated position so all users can actively participate in seeding, planting, and harvesting, creates new pathways and enlarges existing ones for safe maneuvering, offer seating with support rails, shade trees, an accessible water fountain and signage.

Operations & Maintenance Plan: Urban Tilth will maintain this garden in perpetuity, along with other gardens in their portfolio of work. Urban Tilth will continue to secure foundation support for Richmond Greenway, including the ADA Accessible Garden.

Urban Tilth will research and create new relationships with philanthropists interested in improving the quality of life of very lowincome seniors and disabled residents.

Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (construction) until all readiness deliverables within Task 1 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.

Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Readiness
A: Create outreach plan to engage with
seniors and those with disabilities to
provide feedback on design elements
of accessible garden
A: Final outreach plan and
timeline
Grant Execution -
August 2024 $96,620.00 $54,234.00 B: Gather community feedback on at least 3 design iterations during, 1) at
least 3 community design sessions,
and 2) at least 3 focus groups
conducted with local seniors and
disabled residents who would be the
B: Report of feedback on
design iterations including
justification of final design
548

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
intended primary users of the new ADA
accessible garden
C: Complete final design and
conceptual master plan. Host final
design unveiling celebration
C: 1) Final conceptual design
2) Event outreach materials,
photos, and summary of
event
D: Create planting plans through focus
groups and community design sessions
for edible, pollinator, native and
perennial beds
D: Community planting plans
for year 1 and 2
E: Create project development and
construction schedule, and operation
and maintenance plan
Readiness Condition
E: 1) Construction schedule
2) Operations and
Maintenance plan
3) Letter of Commitment for
ongoing maintenance
F: Prepare construction documents and
obtain necessary permits
Readiness Condition
F: 1) Final design and
construction documents 2)
Final permits
Task 2: Construction
A: Bid and construct project
A: As built construction
drawings, photos of
completed project
January 2024 -
2025 $603,100.00 $83,234.00
549

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Task 3: Project Completion & Grand Opening
A: Host Community Build and Planting
Day and Garden Grand Opening
Celebration
A: Event summaries and
photos
2025 - Project
Completion $67,045.00 $2,394.00
B: Update Operations Plan B: Updated Operations Plan
C: Design and launch ADA garden
community engagement programming
plan by identifying 4 key events hosted
at the garden
C: 1) Community
Engagement Program Plan
2) Calendar of Events
3) Photos of events
4) Summary report of first
year of programming
Task 4: Grant Administration
A: Invoicing and reporting; including
metrics and project management
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG calculations
as needed Project Completion
Period $36,990.00 $630
B: Indicator Reports and Evaluation
Data for Evaluation Technical
Assistance Provider
B: 1) Annual Indicator
Reports
2) Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information
Requests
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $70,913.50 $0
550

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Lead Entity Indirect Costs
Indirect costs consistent with
the TCC guidelines and grant
agreement, at a rate
approved under this grant
agreement.

Project Completion
Period $80,375.50 $0
Project Total $955,044.00 $140,492.00
Project # and Name: 8 - Orchard for ALL! Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: This project will establish a distributed fruit tree orchard throughout the TCC project area by expanding an existing annual FREE Fruit Tree Giveaway to 400 trees per year (2000 trees total) and training and employing youth ages 16-24 via the Gleaners Program to both care for the trees and harvest and redistribute hundreds, perhaps, thousands of pounds of fruit to families in need through Urban Tilth's FREE farm stands and FREE CSA programs.

Operations & Maintenance Plan: Urban Tilth will be responsible for the operations and maintenance of the Gleaner’s Program before and after the grant term. Urban Tilth's long-term plan is to support this effort through revenue generated from Veggie RX prescription income resulting from participating in Contra Costa County’s Medi-Cal covered veggie box prescriptions. Urban Tilth is working to complete authorization to become a prescription provider and establish relationships with area clinics so that many of our box recipients can have their vegetable prescriptions covered by their County health insurance. Urban Tilth will continue to pursue grant funding to make sure access to healthy whole foods is available to those most in need while this new ongoing source of health-related funding comes online. In order to launch this project, Urban Tilth will use TCC grant funds but anticipate shortly thereafter securing foundation funds and possibly a partnership with Richmond YouthWORKS to make this project more financially resilient beyond the TCC grant term.

Reimbursement Conditions: Grantee will not be reimbursed for Task 4 (implementation) until all readiness deliverables within Task 1 are received, approved and notified through an updated readiness memo provided by the TCC Grant Manager.

Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Program Development
and Readiness
A: Hire and train program staff A: Job Descriptions
Subtask A - F:

Grant Execution -
August 2024
$72,428.00 $0
551

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Research similar arborist
training programs to ensure best
practices in design, operations
and training of staff.

B: Report outlining research
findings
Subtask G: Project
Completion Period
C: Update Gleaners program
operations (including enrollment
processes) and outreach plan for
the Gleaners Program and create
program evaluation plan
Readiness Condition
C: 1) Gleaners program
operations, outreach and
evaluations plans
2) Sample homeowner
agreement
D: Research and/or develop an
app/platform to host and organize
community gleaning program
D: Documentation of
completed app or contract
with app/platform
E: Work with partners to design
and create Gleaners training
program curriculum
E: Gleaners program
curriculum
F: Develop Orchard for ALL!
program operations and
maintenance plan including Fruit
Tree Giveaway, Cleaners
Training, and Gleaners Program
Readiness Condition
F: Orchard for ALL!
operations and
maintenance plan
G: Research potential ongoing
funding sources and youth
employment partners who may
help continue the program after
TCC grant term
G: Annual Summary of
potential program funders
and partners
Task 2: Annual Fruit Tree Giveaway
A: Create outreach plan and
materials to recruit annual fruit
tree giveaway recipients
A: Outreach plan and
supporting materials for
annual fruit tree giveaway
recipients
Subtask A: Grant
Execution - August
2024
$235,686.20 $27,360.00
552

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Prepare and coordinate (5)
annual fruit tree giveaways.

Source trees, deliver trees, host
event, and distribute 400 fruit
trees per year to local families.

Annual Fruit tree giveaway
reports, including (but not
limited to):
1) Outreach conducted
(overview of methods,
materials, dates/locations,
and potential contacts
identified)
2) Event summaries
(date/time/location, list of
tree recipients, number of
attendees, summary of
outcomes)
3) Event materials
(curriculum, handouts)
4) Event publicity materials
(announcements, photos
from key events)
5) Evaluation summary and
recommendations for
program improvement
Subtask B-E:

Project Completion
Period
C: Conduct outreach for annual
fruit tree giveaways and intake of
eligible residents within project
area. Target outreach 1000
households and identify 400
interested households, per year.

D: Complete (5) annual project
giveaway reports including
evaluation and recommendations
for program improvement.

E: Develop and distribute (23)
Richmond Fruit Tree Lovers Fruit
Tree Care Newsletters
E: Documentation of
newsletter (pdf, link,
screenshot, etc.)
Task 3: Gleaners Training
Program Coordination
A: Recruit 40 youth ages 16-24
into Gleaners training program
over the course of grant term
A: Annual log of recruitment
outreach materials and
participant registration lists
Project Completion
Period $87,429.15 $0
553

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Plan, operate, and evaluate (4)
6-week Gleaners Training
Programs
B: Annual Gleaners
Training Program summary
reports including (but not
limited to):
1) Completed trainings
summary including but not
limited to program
schedules, photos,
completion certificates
2) Evaluation summary and
recommendations for
program improvement
Task 4: Gleaners Program Implementation
A: Hire Gleaners Training
Program graduates and train as
year around Gleaners Program
staff (4-8 positions per year)
A: Annual hiring summary
including (but not limited to):
1) number of Gleaners
Training program graduates
hired
2) summary of trainings
Project Completion
Period $536,928.00 $0
B: Conduct outreach and recruit
2,000 Richmond Fruit Tree
owners to participate in Gleaners
Program
B-C: Bimonthly summary
reports for that period
including (but not limited to):
1) signed Gleaners program
participant/homeowner
agreement contracts and
outreach methods
2) documentation of active
gleaning sites
3) log of tree type and tree
health notes
4) log of totals lbs. of fruit
harvested and distributed
5) photos
C: Launch, coordinate, and
operate Gleaners Program
through ongoing communication
and site visits with fruit tree
homeowners and Gleaners Team
554

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
D: Conduct and complete (4)
annual program reports, including
program evaluations and
participant permit compliance
tracking
D: Annual Gleaners
Program summary reports
including (but not limited to):
1) evaluation summary
2) participant permit
tracking sheet
3) log of total lbs. of annual
fruit harvest and distribution
Task 5: Project Assessment and
Grant Administration
A: Invoicing and reporting;
including metrics and project
management
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG
calculations as needed
Project Completion
Period $41,040.00 $0
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
B: 1) Annual Indicator
Reports
2) Participation in
Evaluation Surveys,
Interviews, Focus Groups,
Information Requests
C: Monthly check in meetings with
project team to ensure that team
is collecting assessment data and
progressing in alignment with
project timeline
C: Status reports and
updated logs of program
data per reporting period
D: Entire project data collection of
program participants, locations,
demographics, types of fruit trees
serviced, gleaning staff trained,
pounds of fruit harvested and
distributed.

D: Quarterly, annual and
final quantitative and
qualitative reports
Equipment (entire project) N/A Project Completion
Period $0 $0
555

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Contingency 10% Contingency Project Completion
Period $97,351.14 $0
Lead Entity Indirect Costs
Indirect costs consistent
with the TCC guidelines and
grant agreement, at a rate
approved under this grant
agreement.

Project Completion
Period $97,351.14 $0
Project Total $1,168,213.63 $27,360.00

Project # and Name: 9 - Veggie RX Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: Veggie RX will expand the pilot program managed by Urban Tilth and anchored at LifeLong Medical Center which prescribes fresh fruits and vegetables as preventative and restorative medicine by; 1) increasing enrollment, 2) developing a train the trainer's program to teach new LifeLong Residents and Community Health Workers about non-inflammatory and climatefriendly diets, and 3) by offering Climate Friendly Diet workshops and events known as Health Education and Training (HEAT) at community hubs throughout the project area.

Operations & Maintenance Plan: Utilizing the expertise from the established pilot veggie box program at the Jenkins Clinic, Urban Tilth will gather as a staff at the Strategic Annual Retreat with staff and doctors from LifeLong Medical and design an operations and maintenance plan for the Veggie RX program that responds to community input, program experience, and current conditions. This plan will be responsive to unique site, organizational, and community factors.

Reimbursement Conditions: Grantee will not be reimbursed for Task 1, 2, 3B-C, 4D (implementation) until all readiness deliverables within Task 3, 4, 5 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.
556

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Veggie RX Program Implementation
A: Procure sustainably grown
produce from farmers within a
100-mile radius of project area,
Harvest, Wash, Pack, Distribute
and Deliver 200+ vegetable box
prescriptions per week to
enrolled Lifelong patients
A: Bi-monthly reporting
including (but not limited to):
1) Weekly bills of lading
2) Annual Distribution Log
(total number of boxes and
total lbs. of produce
distributed)
3) Annual procurement report
(outlining partner farms, lbs.
of produce procured from
each farmer, farming
practices and location, food
miles)
Project Completion
Period $813,750.00 $84,000.00
Task 2: Health Education and Training (HEAT) Program Coordination & Implementation A: Conduct HEAT Medical Visit:
group cooking, nutrition and
chronic disease management
classes promoting culturally
relevant healthy eating for
people with chronic health
problems. Participation includes
8 Groups (8 people /group) per
year (4 English, 4 Spanish).

Each group meets an hour a
week for 6 weeks. Total 64
people per year.

A: HEAT Medical Visit Annual
Summary Report including
(but not limited to):
1) program participants
2) photos
3) program objectives and
outcomes
Project Completion
Period $427,500.00 $0
557

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
B: Enroll attendees in CalAim,
the Medical funded Veggie RX
prescription program, for
participants to continue to
receive vegetable boxes after
completing the program, 64
participants per year.

B: HEAT Medical Visit
Quarterly Summary Report
including (but not limited to):
1) list of bi-monthly enrollment
C: Make HEAT syllabus open
source for other health-farm
partnerships can access and
use the model
C: Completed open-source
syllabus
Task 3: Train the Trainers Program Development & Implementation A: Design in-person and online
curriculum for 16-hour Train the
Trainers program. Create selfpaced online course materials to complement in-person
training
Readiness Condition
A: Train the Trainers Final
Summary Report including
(but not limited to):
1) curriculum
2) documentation of
completed online course
materials Subtask A: Grant
Execution - August 2024
Subtask B - C: Project
Completion Period
B: Recruit 60 Community $902,310.00 $0
Health Conductors for 2 training
sessions per year
B: Train the Trainers SemiAnnual Summary Report
including photos of each
training session
C: Conduct two annual Health
Conductor 16 hour training
programs for Community Health
Conductors and six Lifelong
Medical Clinic residents. This
includes 8 hours of in-person
C: Train the Trainers SemiAnnual Summary Report with
60 people trained per year
and detail on methods of
recruitment, outreach, and
558

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
training and 8 hours of
asynchronous online learning.
training program
implementation
Task 4: Promote Climate Friendly Diet
A: Develop bilingual and
culturally relevant community
workshop materials connecting
food choice to climate and
human health impacts
Readiness Condition
A-C: Final Climate Friendly
Diet Summary Report
including (but not limited to):
1) completed designs for full
set of outreach materials
2) completed year one recipe
book (designed and laid out)
3) documentation of
completed website.

Subtask A - C: Grant
Execution - August
2024
Subtask D: Project
Completion Period
$272,360.00 $66,000.00
B: Develop bilingual recipe
book of culturally relevant
climate friendly diet meals and
update with improved or new
recipes annually
C: Develop bilingual web page
to promote and host resources
supporting the Climate Friendly
Eating Program
D: Conduct 48-60 bilingual
climate friendly diet workshops,
cooking demos and veggie bag
giveaways at key community
gathering places and/or for key
community stakeholders and
organizations
D: Bimonthly Climate Friendly
Diet Summary Report
including (but not limited to):
1) number of workshops
completed
2) locations and population
served
3) photos from events
559

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
4) pre- and post-surveys from
participants
Task 5: Program Management and Grant Administration
A: Develop operations and
maintenance plan
Readiness Condition
A: Completed operations and
maintenance plan
Subtask A - B: Grant
Execution - August 2024
Subtask C - I: Project
Completion Period
$283,140.00 $25,000.00
B: Establish site control by
updating existing MOU with
Lifelong and Urban Tilth
Readiness Condition
B: Updated MOU
C: Pre and post surveys of
HEAT group participants to
assess changes in knowledge
and behavior related to healthy
eating
C-G: Annual Report and
implementation of changes
based on HEAT, Train the
Trainers, and Climate Friendly
Diet feedback
D: Pre and post training
assessments of Health
Conductors to assess impact of
training.

E: Follow-up interviews with
Health Conductors to track how
they use their training including
career path, trainings that they
conduct.
560

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
F: Pre and post surveys of
Climate Friendly Diet
participants to assess changes
in knowledge and behavior
related to healthy eating
G: Conduct annual Veggie RX
program participant box survey
H: Invoicing and reporting;
including metrics and project
management
H: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG calculations
as needed
I: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
I: 1) Annual Indicator Reports
2) Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information Requests
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $269,906.00 $0
Lead Entity Indirect Costs
Indirect costs consistent with
the TCC guidelines and grant
agreement, at a rate approved
under this grant agreement.

Project Completion
Period $269,906.00 $0
Project Total $3,238,872.00 $175,000.00

561

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES

SPECIAL TERMS AND CONDITIONS
Part 2 – Project-Specific Terms and Conditions

1. Water Efficiency
Continuing Applicant Eligibility
i. Grantee shall ensure that urban or agricultural water suppliers comply with all applicable state laws, including the Water Code section 10608 and any applicable laws and regulations. Documentation of compliance should be available for review by the State according to the audit provisions of this Agreement.
ii. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat.

Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.)
All Water Efficiency-Related Project Types
i. Household income eligibility must be established at either 80% of the Area Median Income (AMI), or 80% of the State Median Income (SMI), whichever results in a higher allowable maximum income.
ii. Water Efficiency projects may be invoiced using itemized rate justification that is reviewed and approved by the TCC Grant Manager prior to invoicing, or based on itemized invoices of actual costs incurred.

Water-Energy Projects
i. All installed water efficiency measures must be replacements of inefficient appliances, eligible per these Guidelines, and certified EnergyStar or equivalent as applicable.

Turf Replacement Projects
i. Converted landscapes may only include low water use, drought-tolerant, or California native plants. The Water Use Classification of Landscape Species list (https://ucanr.edu/sites/WUCOLS/) or local plant lists may be used to make this selection.
a. The foregoing notwithstanding, converted landscape may also include foodproducing trees (excluding palms), shrubs, vines, and perennial plants. b. At least one tree, existing or new, must be incorporated into the converted landscape.
c. Live or synthetic turfgrass is not allowed in the converted landscape d. Plants listed on the California Invasive Plant Council inventory at time of landscape conversion may not be installed.
ii. Irrigation systems must be water efficient and may be either drip irrigation, micro-spray irrigation, or hand watering.
iii. Exposed soil surfaces must be covered with mulch. Mulch includes organic material, rock, or decomposed granite. Decomposed granite must be limited to 25% or less of the surface area.
iv. Hardscape and permeability requirements:
562

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
a. Impervious decks or patios are not allowed as part of the converted landscape. b. Structures such as outbuildings or sheds are not allowed as part of the footage of the converted landscape.
c. Paving stones, pavers, and brick patios are permitted, but must be filled with loose sand. No concrete or impermeable grouting may be used to affix the pavers in place.

2. Health and Well-Being
Food Access
Grantee shall ensure that for Projects with food access elements such as urban agriculture, community gardens, school gardens, community kitchens, food hubs, community grocery stores, food co-operatives, scattered healthy food distribution methods or agricultural and healthy food education opportunities:
i. Lead Entity must conduct project site due diligence to adhere to best management practices for:
a. Researching any proposed site’s history and potential range of contaminants (e.g., lead or other heavy metals) and/or other hazards present; b. Determining any potential risk to human health based on potential range of contaminants and/or other hazards present;
c. Determining appropriate methods for site testing, clean-up, and exposuremanagement, as applicable; and d. Providing documentation of public education regarding potential range of contaminants and/or other hazards present on site, and methods employed to minimize public exposure.
e. For additional resources, refer to the University of California, Agriculture and Natural Resources Urban Agriculture website:
https://ucanr.edu/sites/UrbanAg/Production/Soils/Soil_Contaminants_and_Soil_Te sting/
ii. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic pesticides, pest management, and fertilizers (e.g., compost, manure) may be used.
iii. Lead Entity must develop a clear site management protocol that includes, but is not limited to:
a. A statement of purpose and description of the site
b. A map of garden plots and green space
c. Management structure and decision-making processes
d. Process for determining the use of the site such as, but not limited to:
(i) Identifying and selecting participants for garden plots and equitably distributing plots when demand is greater than supply.
(ii) Length of participation for garden participants
(iii) Reservation of community space for classes or gatherings e. Code of conduct and general rules
563

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
f. Procedures if participants are not in compliance with code of conduct and/or general rules
iv. Management protocol must be made accessible to the public in multiple formats (e.g., online, electronic copies, paper copies, etc.) and languages, as requested by the community.
v. Project must include an on-site sign that includes hours of operation and contact information, in addition to other signage requirements consistent with Section 52.

Publicity.
vi. Project must ensure food purchased, provided, or made available is healthy. This includes increasing access to fresh, healthy, locally sourced fruit and vegetables, as well as other healthy products.
vii. Project must develop nutrition standards in their programming, which includes but is not limited to the following activities:
a. Assessing the environment in relation to nutrition standards and/or client impact. b. Implementing nutrition standards in programming (in the form of new or strengthened policy and/or system changes) for food and beverages served, sold, or distributed in a variety of settings including meals, snacks, vending, distribution, nutrition assistance, or other sales. The guidelines should support balanced eating patterns and healthy body weight, address California SNAP-Ed Goals, and be consistent with the Dietary Guidelines for Americans (refer to the California Department of Public Health website:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/NEOPB/Pages/HelpfulLinks. aspx for additional resources).

Parks, Open Space, and Recreation Access
For Projects with park, open space, or recreation access components such as green space, picnic areas, playground, or park exercise equipment; and for Projects with tree or vegetation planting components:
i. The Regional Urban Forester must approve the species list and map of tree planting area prior to beginning work.
ii. Any tree planting within the project must adhere to the CAL FIRE Standards and Specifications for Purchasing, Planting, and Maintaining Trees, and Required Management Activities Practices, see Attachment D-7, unless otherwise approved by SGC. This includes the establishment and adherence to a detailed long-term operations and maintenance plan. Trees requiring replacement per CAL FIRE must be made at the Lead Entity’s cost.
iii. If the project includes habitat restoration or landscaping, the plant palette must exclude the use of invasive plants listed in the California Invasive Plants Inventory, available at http://cal-ipc.org/plants/inventory, and include native, low-water, drought-resistant, and climate appropriate vegetation.
iv. If the project includes landscaping, project shall be consistent, as applicable, with the Department of Water Resources’ Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7), available at https://water.ca.gov/Programs/Water-Use-AndEfficiency/Urban-Water-Use-Efficiency/Model-Water-Efficient-Landscape-Ordinance 564

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
v. The planting location of trees and vegetation must be strategically selected to avoid removal due to any planned future construction.
vi. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic fertilizers (e.g., compost, manure) may be used.
vii. Projects may not include root barriers, decorative tree grates, or decorative tree guards.
viii. Project may not include inefficient irrigation valves, pumps, sprinkler control timers, or over costly and elaborate irrigation systems.
ix. Projects that require tree removal or replacement must result in a net positive number of trees. Only the net number of trees may be quantified for GHG emission reduction quantification.
x. If trees funded by this grant are removed for any reason, they must be replaced at the Lead Entity’s cost in such a way that is consistent with this agreement. xi. Lead Entity must provide care for all trees and plants (including replacement) during an establishment period of a minimum of three (3) years after planting. 565

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES

SPECIAL TERMS AND CONDITIONS
PART 1 – Transformative Requirements

1. Workforce Development and Economic Opportunities
Grantee will establish goals for workforce training, employment, and local business expansion for the TCC Project Area;
Grantee will ensure workforce development components are designed to address local residents’ and stakeholders’ needs;
Grantee will conduct or oversee workforce development and economic opportunities activities for the entirety of the TCC Project;
Grantee will report to SGC on workforce development and economic opportunities related activities; and
Grantee will ensure all Workforce Development costs are for eligible job training programs per Section II.E of the TCC Guidelines.

Part 2 – Project-Specific Terms and Conditions
Grantee certifies that it will ensure that the Lead Entity of each Project adheres to the following requirements.

2. Solar Installation, Energy Efficiency and Appliance Electrification Single-Family Residences
i. Single-family homes occupied by property owners are eligible for energy efficiency and Solar Photovoltaic (PV) installations. Single-family homes occupied by tenants are eligible for only energy efficiency installations.
ii. Lead Entity must have single-family property owners certify that they will not raise the rent of any property with energy efficiency and/or Solar PV installations for a period of two (2) years from the date of installation because of the increased value of the unit due solely to the installations provided (allowable factors for rent increase can include an actual increase in property taxes, actual cost of amortizing other improvements to the property accomplished after the date of work completed by the Partner and/or subcontractor, or actual increases in expenses of maintaining and operating this property). Additionally, the property owner must acknowledge and agree that the property is not for sale at the time of qualifying for the installations and will not be offered for sale or otherwise distributed or is not in foreclosure for at least sixty (60) calendar days following the completion of the installations. iii. Household income eligibility must be established at either 80% of the Area Median Income (AMI), or 80% of the State Median Income (SMI), whichever results in a higher allowable maximum income.
iv. The following types of buildings will not be eligible for installations:
a. Buildings requiring significant environmental review, any mitigation, including mitigation of fire hazards or electrification and/or environmental decontamination triggering a deferral as defined in the Deferral Policy section; 566
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. 567
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:

568
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 569
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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. 570
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 571
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

9. Additional Assistance. If this Contract requires Contractor to prepare plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 572
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

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

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 574
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 575
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 576
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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 577
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
578
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 579
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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. 580
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. 581
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):
582
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.
583
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
584
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 585
___ 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.
586
587
588
589
590
591
^
City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PMOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing canhelp you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole SourceJ-iupplier:

Company Name: Urban Tilth _ Contact Name: Adam Boisvert Address: 323 Brookside Drive
City: Richmond _ State: ^A_Zip Code: 94801
Phone Number (510 ) 232-0911 E-Mail [email protected] Duration of Contract: AU9ust 23, 2023 - December 31, 2028Estimated Cost: $ $ 7,042,833.41 Funding Source (Account String)_m6^066^40020^16G09_Is the product/service IT related? Yes_No x _ If Yes, please attach the approved IT Authorization FormFor Product: Is the recommended company the manufacturer of the product? Yes_ No xFor Product: Does the manufacturer sell the item(s) through distributors? Yes_ No x Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Urban Tilth will be the lead on four key Richmond Rising project components - Basins of Relations, ADA Accessible Garden, Orchard for ALL!, and Veggie RX. The various tasks and scope are attached for each project.

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

Urban Tilth was specified as a Co-applicant in the City's Richmond Rising project submitted and awarded a TCC implementation grant. They are a Project Lead for four of the nine Richmond Rising project components. See attached Award Letter and Richmond Rising Project Summary. (if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
592
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to thecustomer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).Note: If item_oi^seryicejs_ available from more than_one source, the item or service may be treatedas proprietary, but must be competitively solicited from multiple (twoor mQrelsQurces, A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware I_I For the repair or modification of existing hardware !•! Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has beensuccessful to date in implementing a difficult manufacturing process or the services sought). In a briefexplanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them in a separate page) 2 I Page
593
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort toreview comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Community Development
Title: Lina Velasco, Director of Community Development
Note: Requester must be able to defend this justification.

Date: September 6, 2023 Phone: 510-620-6706Department Director (Print) Una veiasco _ (Sign) ^J^^^^^' Date:s8ptsmber6.2023 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

Oi^all/iigmd byAndrti Vltfto":s:And" """• °=Qty Brndv"on;lDATE: / / ^. Andrea Mi Her ESH."^^' NOT APPROVED: COMMENTS:

City Manager City Clerk Attesting to Council Approval(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.PROCEDURE Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). Thecertification will remain on file for audit purposes.The following factors DO NOT apply to sole source requests and should not be mcluded in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements. 3 I Page
594
Project # and Name: 5 - Basins of Relations IStrategy: Water Efficiency Lead Entity: Urban Tilth
'reject Description: The Basins of Relations (BoR) Watersheds training program expansion will offer grey water and laundry to landscape systems design and installation by outreaching to 300 homes and enrolling 120 homes while offering 3 training programs to local young people interested in pursuing green careers. It will also mobilize these skills by employing these young people and our ^Watersheds team to design and install grey water and laundry to landscape systems for FREE for low-income homeowners in our Iproject area.

Operations & Maintenance Plan: During the grant term, Urban Tilth will offer limited warranty and repairs on all systems installed at project sites. The extent of warranty and maintenance will be determined as a part of project development during the first year of the Iproject. Urban Tilth's Watersheds team will be responsible for operations and maintenance during the grant term, as funded by TCC. |Urban Tilth will seek additional funds for this project to continue the program and cover ongoing operations and maintenance. [Maintenance responsibilities will transfer fully to the property owner after 3 years unless funding is secured for Urban Tilth's Watershed team to continue to offer maintenance services. Certain equipment used in this project will have a 5-10-year life cycle and will need |basic regular maintenance.
[Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (implementation) until all readiness deliverables within Task 1 |are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.

Fask )eliverable(s)
Fask 1: Readiness and Program Development
<\: Hire WTS Water Conservation
=>roject Manager specializing in
eading the design and installation
sf grey water and laundry to
andscape systems
3: Research similar water
conservation training programs to
snsure our program uses best
\: Job Description
3: Final report outlining research
indings
Hmeline
Grant Execution -
August 2024
Srant Funds [Leverage Funds
$21,944.00 $18,992.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

595
3ractices in the design, operations
and training of staff
;: Update Basins of Relations
3rogram curriculum to include grey|
/vater and laundry-to-landscape
systems design and installation
3: 1) Create program outreach
3lan and materials: a) training
3rogram, and b) homeowners; and]
conduct design review meeting for
:eedback and finalize program
outreach materials. 2) Create
:emplate homeowner participant
agreements/contracts.
;: 1) Updated program
;urriculum
') Training program schedule
readiness Condition
): 1) Completed program
lutreach plan and materials
pdfs or other digital media)
!) Template homeowner
)articipant agreements/contracts
Fask 2: Water Conservation Training Program Implementation \: Recruit Training Program
sarticipants (BoR=8
apprentices/cohort, 30-40
sarticipants total)
3: Conduct 3 Training Programs
:or recruited participants (8
apprentices)
^: Support 10 program graduates
n receiving professional
certification in greywater
nstallation or water-efficient
andscape design. Support
snrollment and matriculation
\: 1) Outreach materials
') Participant registration lists
3: Summary of training
including but not limited to
irogram schedules, photos)
;: Proof of enrollment
Project Completion
Period $438,709.20 $1,008.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

596
hrough one-on-one check-ins with |
;ach interested apprentice.

V. Complete 3 annual program
ivaluations for years 1, 3, and 5
V. Annual Final Program
Reports, including evaluation
•esults and recommendations
Fask 3: Project Installation
\: Outreach to 300 homeowners
nterested in installing drought
olerant landscaping, drip
rrigation, water catchment and/or
aundry to landscape greywater
systems
3: Enroll 120 homeowners in the
program
;: Complete designs for 120
lomes for drought tolerant
andscaping, drip irrigation, water
catchment and/or laundry to
andscape systems
\: 1) Outreach logs
2) Outreach materials
3: Bimonthly log of signed
contracts
3:1) Summary report of design
jocuments 2) Sample design
documents from one or more
'epresentative sites
Project Completion
Period
$869,672.80 $0

EXHIBIT B- BUDGET AND SCHEDULE OF DELIVERABLES
PageS
597
V. Install in 120 homes drought
;olerant landscaping, drip
rrigation, water catchment and/or
aundry to landscape greywater
systems for low-income
lomeowners within the TCC
project area
:: Assess water conservation
3otential and realized impact of
3ach project and collectively for all
completed projects
):1) Bimonthly summary reports
if household progress that
>eriod, including but not limited
D: address, method of
;ontact/intake, date of
issessment, date of installation,
lumber and type of measures,
ind cost per measure
') Final summary table that logs
ill participating residents, dates
nstalled, and total measures
nstalled
;: Bimonthly and annual
issessment reports
Fask 4: Project Assessment and Grant Administration
\: Invoicing and reporting;
ncluding metrics and project
nanagement
3: Indicator Reports and
Evaluation Data for Evaluation
rechnical Assistance Provider
^: 1) Bimonthly progress reports
md invoicing
>) Final report highlighting
)roject metrics
i) Regular GHG calculations as
leeded
3: 1) Annual Indicator Reports
0 Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information Requests
Project Completion
Period $70,260.48 $0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

598
;: Monthly check in meetings with
project team to ensure that team is|
;ollecting assessment data and
irogressing in alignment with
project timeline
V. Ensure project data collection
)f program participants, locations,
iemographics, water conservation
achieved, native or tree plants
ierviced, drip conversions, total
iystem installed, total number of
rainings, apprentices trained,
•etention of conceptual material
ft/ith a pre/posttest, and installation |
success rates.

Equipment (entire project)
contingency
.ead Entity Indirect Costs
',: Status reports and updated
)gs of program data per
sporting period
): Quarterly, annual, and final
luantitative and qualitative
sports
J/A
0% Contingency
ndirect costs consistent with the
'CC guidelines and grant
igreement, at a rate approved
inder this grant agreement.

Project Completion
Period
Project Completion
Period
Project Completion
Period
Project Tota
$0
$140,058.65
$140,058.65
$1,680,703.78
$0
$0
$0
$20,000.00

EXHIBIT B- BUDGET AND SCHEDULE OF DELIVERABLES
PageS
599
project # and Name: 7 - ADA Accessible Garden IStrategy: Health and Well-Being |Lead Entity: Urban Tilth
Project Description: The ADA Accessible Garden Project increases access for local seniors or those with mobility challenges to actively participate in edible and pollinator gardens along the Richmond Greenway and access healthy foods. The garden design Includes beds to be worked from a seated position so all users can actively participate in seeding, planting, and harvesting, creates new pathways and enlarges existing ones for safe maneuvering, offer seating with support rails, shade trees, an accessible water fountain and signage.
pperations & Maintenance Plan: Urban Tilth will maintain this garden in perpetuity, along with other gardens in their portfolio of ^A/ork. Urban Tilth will continue to secure foundation support for Richmond Greenway, including the ADA Accessible Garden.

Urban Tilth will research and create new relationships with philanthropists interested in improving the quality of life of very lowincome seniors and disabled residents.

Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (construction) until all readiness deliverables within Task 1 are received, approved, and notified through an updated readiness memo provided by the TCC Grant Manager.

Fask 3eliverable(s)
Fask 1: Readiness
\: Create outreach plan to engage with
seniors and those with disabilities to
srovide feedback on design elements
3f accessible garden
3: Gather community feedback on at
east 3 design iterations during, 1) at
east 3 community design sessions,
and 2) at least 3 focus groups
;onducted with local seniors and
disabled residents who would be the
\: Final outreach plan and
imeline
3: Report: of feedback on
lesign iterations including
ustification of final design
Timeline
Grant Execution -
August 2024
Grant Funds
$96,620.00
Leverage Funds
$54,234.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

600
Intended primary users of the new ADA
|accessible garden
Complete final design and
conceptual master plan. Host final
design unveiling celebration
|D: Create planting plans through focus
[groups and community design sessionsp
for edible, pollinator, native and
Iperennial beds
;: 1) Final conceptual design
|2) Event outreach materials,
Iphotos, and summary of
levent
|E: Create project development and
construction schedule, and operation
land maintenance plan
F: Prepare construction documents and
obtain necessary permits
): Community planting plans
br year 1 and 2
Readiness Condition
|E: 1) Construction schedule
?) Operations and
[Maintenance plan
|3) Letter of Commitment for
longoing maintenance
Readiness Condition
|F: 1) Final design and
lconstruction documents 2)
|Final permits
(Task 2: Construction
A: Bid and construct project
A: As built construction
drawings, photos of
completed project
January 2024
2025
$603,100.00 $83,234.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

601
'ask 3: Project Completion & Grand Opening
^: Host Community Build and Planting
Day and Garden Grand Opening
celebration
3: Update Operations Plan
;: Design and launch ADA garden
community engagement programming
)Ian by identifying 4 key events hosted
at the garden
Fask4: Grant Administration
\: Invoicing and reporting; including
netrics and project management
3: Indicator Reports and Evaluation
Data for Evaluation Technical
\ssistance Provider
Equipment (entire project)
contingency
\: Event summaries and
)hotos
3: Updated Operations Plan
Y. 1) Community
Engagement Program Plan
?) Calendar of Events
S) Photos of events
I.) Summary report of first
'ear of programming
\: 1) Bimonthly progress
eports and invoicing
') Final report highlighting
)roject metrics
fj Regular GHG calculations
is needed
3: 1) Annual Indicator
reports
') Participation in Evaluation
Surveys, Interviews, Focus
Groups, Information
requests
sl/A
0% Contingency
2025 - Project
Completion
Project Completion
Period
Project Completion
Period
Project Completion
Period
$67,045.00
$36,990.00
$0
$70,913.50
$2,394.00
$630
$0
$0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
Page!
602
Lead Entity Indirect Costs
ndirect costs consistent with
he TCC guidelines and grant
igreement, at a rate
approved under this grant
agreement.

Project Completion
Period
Project Total
$80,375.50
$955,044.00
$0
$140,492.00
Project # and Name: 8 - Orchard for ALL! Strategy: Health and Well-Being Lead Entity: Urban Tilth
Project Description: This project will establish a distributed fruit tree orchard throughout the TCC project area by expanding an existing annual FREE Fruit Tree Giveaway to 400 trees per year (2000 trees total) and training and employing youth ages 16-24 via the Gleaners Program to both care for the trees and harvest and redistribute hundreds, perhaps, thousands of pounds of fruit to families in need through Urban Tilth's FREE farm stands and FREE CSA programs.

Operations & Maintenance Plan: Urban Tilth will be responsible for the operations and maintenance of the Cleaner's Program before and after the grant term. Urban Tilth's long-term plan is to support this effort through revenue generated from Veggie RX prescription income resulting from participating in Contra Costa County's Medi-Cal covered veggie box prescriptions. Urban Tilth is working to complete authorization to become a prescription provider and establish relationships with area clinics so that many of our box recipients can have their vegetable prescriptions covered by their County health insurance. Urban Tilth will continue to pursue grant funding to make sure access to healthy whole foods is available to those most in need while this new ongoing source of health-related funding comes online. In order to launch this project, Urban Tilth will use TCC grant funds but anticipate shortly thereafter securing foundation funds and possibly a partnership with Richmond YouthWORKS to make this project more financially resilient beyond the TCC grant term.

Reimbursement Conditions: Grantee will not be reimbursed for Task 4 (implementation) until all readiness deliverables within Task 1 are received, approved and notified through an updated readiness memo provided by the TCC Grant Manager.

Task
Task 1: Program Development
and Readiness
A: Hire and train program staff
Deliverable(s)
A: Job Descriptions
Timeline
Subtask A - F:

Grant Execution -
August 2024
Grant Funds
$72,428.00
Leverage Funds
$0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

603
B: Research similar arborist
training programs to ensure best
practices in design, operations
and training of staff.

C: Update Cleaners program
operations (including enrollment
processes) and outreach plan for
the Cleaners Program and create
program evaluation plan
D: Research and/or develop an
app/platform to host and organize
community gleaning program
E: Work with partners to design
and create Cleaners training
program curriculum
F: Develop Orchard for ALL!
program operations and
maintenance plan including Fruit
Tree Giveaway, Cleaners
Training, and Gleaners Program
G: Research potential ongoing
funding sources and youth
employment partners who may
help continue the program after
TCC grant term
B: Report outlining research
findings
Readiness Condition
C: 1) Cleaners program
operations, outreach and
evaluations plans
2) Sample homeowner
agreement
D: Documentation of
completed app or contract
with app/platform
E: Cleaners program
curriculum
Readiness Condition
F: Orchard for ALL!
operations and
maintenance plan
G: Annual Summary of
potential program funders
and partners
Task 2: Annual Fruit Tree Giveaway
A: Create outreach plan and
materials to recruit annual fruit
tree giveaway recipients
A: Outreach plan and
supporting materials for
annual fruit tree giveaway
recipients
Subtask G: Project
Completion Period
Subtask A: Grant
Execution - August
2024
$235,686.20 $27,360.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

604
B: Prepare and coordinate (5)
annual fruit tree giveaways.

Source trees, deliver trees, host
event, and distribute 400 fruit
trees per year to local families.

C: Conduct outreach for annual
fruit tree giveaways and intake of
eligible residents within project
area. Target outreach 1000
households and identify 400
interested households, per year.

D: Complete (5) annual project
giveaway reports including
evaluation and recommendations
for program improvement.

E: Develop and distribute (23)
Richmond Fruit Tree Lovers Fruit
Tree Care Newsletters
Task 3: Gleaners Training
Program Coordination
A: Recruit 40 youth ages 16-24
into Cleaners training program
over the course of grant term
Annual Fruit tree giveaway
reports, including (but not
limited to):
1) Outreach conducted
(overview of methods,
materials, dates/locations,
and potential contacts
identified)
2) Event summaries
(date/time/location, list of
tree recipients, number of
attendees, summary of
outcomes)
3) Event materials
(curriculum, handouts)
4) Event publicity materials
(announcements, photos
from key events)
5) Evaluation summary and
recommendations for
program improvement
E: Documentation of
newsletter (pdf, link,
screenshot, etc.)
A: Annual log of recruitment
outreach materials and
participant registration lists
Subtask B-E:

Project Completion
Period
Project Completion
Period
$87,429.15 $0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

605
B: Plan, operate, and evaluate (4)
6-week Gleaners Training
Programs
B: Annual Cleaners
Training Program summary
reports including (but not
limited to):
1) Completed trainings
summary including but not
limited to program
schedules, photos,
completion certificates
2) Evaluation summary and
recommendations for
Task 4: Cleaners Program Implementation
A: Hire Gleaners Training
Program graduates and train as
year around Cleaners Program
staff (4-8 positions per year)
B: Conduct outreach and recruit
2,000 Richmond Fruit Tree
owners to participate in Cleaners
Program
C: Launch, coordinate, and
operate Cleaners Program
through ongoing communication
and site visits with fruit tree
homeowners and Gleaners Team
A: Annual hiring summary
including (but not limited to):
1) number of Cleaners
Training program graduates
hired
2) summary of trainings
B-C: Bimonthly summary
reports for that period
including (but not limited to):
1) signed Cleaners program
participant/homeowner
agreement contracts and
outreach methods
2) documentation of active
gleaning sites
3) log of tree type and tree
health notes
4) log of totals Ibs. of fruit
harvested and distributed
5) photos
Project Completion
Period $536,928.00 $0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

606
D: Conduct and complete (4)
annual program reports, including
program evaluations and
participant permit compliance
tracking
Task 5: Project Assessment and
Grant Administration
A: Invoicing and reporting;
including metrics and project
management
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
C: Monthly check in meetings with
project team to ensure that team
is collecting assessment data and
progressing in alignment with
project timeline
D: Entire project data collection of
program participants, locations,
demographics, types of fruit trees
serviced, gleaning staff trained,
pounds of fruit harvested and
distributed.

Equipment (entire project)
D: Annual Cleaners
Program summary reports
including (but not limited to):
1) evaluation summary
2) participant permit
tracking sheet
3) log of total Ibs. of annual
fruit harvest and distribution
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG
calculations as needed
B: 1) Annual Indicator
Reports
2) Participation in
Evaluation Surveys,
Interviews, Focus Groups,
Information Requests
C: Status reports and
updated logs of program
data per reporting period
D: Quarterly, annual and
final quantitative and
qualitative reports
N/A
Project Completion
Period
Project Completion
Period
$41,040.00
$0
$0
$0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

607
Contingency
Lead Entity Indirect Costs
10% Contingency
Indirect costs consistent
with the TCC guidelines and
grant agreement, at a rate
approved under this grant
agreement.

Project Completion
Period
Project Completion
Period
Project Total
$97,351.14
$97,351.14
$1,168,213.63
$0
$0
$27,360.00
pProject # and Name: 9 - Veggie RX Strategy: Health and Well-Being |Lead Entity: Urban Tilth
IPrpject Description: Veggie RX will expand the pilot program managed by Urban Tilth and anchored at LifeLong Medical Center /hich prescribes fresh fruits and vegetables as preventative and restorative medicine by; 1) increasing enrollment, 2) developing a train the trainer's program to teach new LifeLong Residents and Community Health Workers about non-inflammatory and climatefriendly diets, and 3) by offering Climate Friendly Diet workshops and events known as Health Education and Training (HEAT) at community hubs throughout the project area.
[Operations & Maintenance Plan: Utilizing the expertise from the established pilot veggie box program at the Jenkins Clinic, |Urban Tilth will gather as a staff at the Strategic Annual Retreat with staff and doctors from LifeLong Medical and design an |operations and maintenance plan for the Veggie RX program that responds to community input, program experience, and current |conditions. This plan will be responsive to unique site, organizational, and community factors. |Reimbursement Conditions: Grantee will not be reimbursed for Task 1 , 2, 3B-C, 4D (implementation) until all readiness |deliverables within Task 3, 4, 5 are received, approved, and notified through an updated readiness memo provided by the TCC |Grant Manager.

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

608
Fask peliverable(s)
Fask 1: Veggie RX Program Implementation
\: Procure sustainably grown
iroduce from farmers within a
100-mile radius of project area,
-larvest, Wash, Pack, Distribute]
and Deliver 200+ vegetable box|
prescriptions per week to
inrolled Lifelong patients
^: Bi-monthly reporting
ncluding (but not limited to):
1) Weekly bills of lading
2) Annual Distribution Log
[total number of boxes and
total Ibs. of produce
distributed)
3) Annual procurement report
[outlining partner farms, Ibs.
sf produce procured from
aach farmer, farming
practices and location, food
miles)
Hmeline
Project Completion
Period
3rant Funds [Leverage Funds
$813,750.00 $84,000.00
Fask 2: Health Education and Training (HEAT) Program Coordination & Implementation \: Conduct HEAT Medical Visit: |
^roup cooking, nutrition and
;hronic disease management
Masses promoting culturally
•elevant healthy eating for
seople with chronic health
3roblems. Participation includes!
3 Groups (8 people /group) per
fear (4 English, 4 Spanish).

Each group meets an hour a
/veek for 6 weeks. Total 64
people per year.
t\: HEAT Medical Visit Annual
Summary Report including
(but not limited to):
1) program participants
2)photos
3) program objectives and
outcomes
Project Completion
Period
$427,500.00 $0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

609
|B: Enroll attendees in CalAim,
the Medical funded Veggie RX
Iprescription program, for
Iparticipants to continue to
[receive vegetable boxes after
[completing the program, 64
Iparticipants per year.
|B: HEAT Medical Visit
IQuarterly Summary Report
Including (but not limited to):
|1) list of bi-monthly enrollment
Make HEAT syllabus open
iource for other health-farm
Ipartnerships can access and
luse the model
|C: Completed open-source
[syllabus
Task 3: Train the Trainers Program Development & Implementation Readiness Condition
\/\: Design in-person and online
lcurriculum for 16-hour Train the
[Trainers program. Create selfIpaced online course materials |to complement in-person
[training
|A: Train the Trainers Final
ISummary Report including
(but not limited to):
|1) curriculum
|2) documentation of
|completed online course
Imaterials
|B: Recruit 60 Community
Health Conductors for 2 training
[sessions per year
1C: Conduct two annual Health
ponductor 16 hour training
[programs for Community Health
IConductors and six Lifelong
IMedical Clinic residents. This
includes 8 hours of in-person
,B: Train the Trainers Semiannual Summary Report
including photos of each
training session
Train the Trainers Semi-
[Annual Summary Report with
|60 people trained per year
land detail on methods of
Irecruitment, outreach, and
Subtask A: Grant
Execution - August 2024
Subtask B - C: Project
Completion Period
$902,310.00 $0

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

610
:raining and 8 hours of
asynchronous online learning.
raining program
mplementation
Fask 4: Promote Climate Friendly Diet
\: Develop bilingual and
culturally relevant community
/vorkshop materials connecting
nod choice to climate and
mman health impacts
3: Develop bilingual recipe
30ok of culturally relevant
climate friendly diet meals and
jpdate with improved or new
•ecipes annually
3: Develop bilingual web page
to promote and host resources
supporting the Climate Friendly
Eating Program
D: Conduct 48-60 bilingual
slimate friendly diet workshops,
soaking demos and veggie bag
giveaways at key community
gathering places and/or for key
sommunity stakeholders and
arganizations
readiness Condition
<-C: Final Climate Friendly
Diet Summary Report
ncluding (but not limited to):
1) completed designs for full
set of outreach materials
2) completed year one recipe
30ok (designed and laid out)
5) documentation of
completed website.

D: Bimonthly Climate Friendly
Diet Summary Report
ncluding (but not limited to):
1) number of workshops
completed
2) locations and population
served
3) photos from events
Subtask A - C: Grant
Execution - August
2024
Subtask D: Project
Completion Period
$272,360.00 $66,000.00

EXHIBIT B- BUDGET AND SCHEDULE OF DELIVERABLES

611
I.) pre- and post-surveys from
participants
Fask 5: Program Management and Grant Administration
\: Develop operations and
naintenance plan
3: Establish site control by
jpdating existing MOD with
-ifelong and Urban Tilth
^: Pre and post surveys of
HEAT group participants to
assess changes in knowledge
and behavior related to healthy
sating
V. Pre and post training
assessments of Health
conductors to assess impact of
iraining.
;: Follow-up interviews with
Health Conductors to track how
;hey use their training including
;areer path, trainings that they
conduct.

Readiness Condition
A: Completed operations and
maintenance plan
Readiness Condition
B: Updated MOU
C-G: Annual Report and
implementation of changes
based on HEAT, Train the
Trainers, and Climate Friendly
Diet feedback
Subtask A - B: Grant
Execution - August 2024
Subtask C -1: Project
Completion Period
$283,140.00 $25,000.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

612
:: Pre and post surveys of
climate Friendly Diet
)articipants to assess changes
n knowledge and behavior
elated to healthy eating
3: Conduct annual Veggie RX
)rogram participant box survey
-I: Invoicing and reporting;
ncluding metrics and project
nanagement
^ 1) Bimonthly progress
eports and invoicing
') Final report highlighting
iroject metrics
1) Regular GHG calculations
is needed
|1: 1) Annual Indicator Reports
: Indicator Reports and |^ 'n^:.^^'^^.^^.
|2) Participation in Evaluation
Evaluation Data for Evaluation |^/ ' "' "~'r ~~^~"'. •
>, Interviews, Focus
Fechnical Assistance Provider |^"' "'J~\";~"' i~^"*''
|Groups, Information Requests]
Equipment (entire project) |N/A
contingency
-ead Entity Indirect Costs
0% Contingency
ndirect costs consistent with
he TCC guidelines and grant
igreement, at a rate approvec
mder this grant agreement.

Project Completion
Period
Project Completion
Period
Project Completion
Period
Project Tota
$0
$269,906.00
$269,906.00
$3,238,872.00
$0
$0
$0
$175,000.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

613

SPECIAL TERMS AND CONDITIONS
Part 2 - Project-Specific Terms and Conditions

1. Water Efficiency
Continuing Applicant Eligibility
i. Grantee shall ensure that urban or agricultural water suppliers comply with all applicable state laws, including the Water Code section 10608 and any applicable laws and regulations. Documentation of compliance should be available for review by the Stateaccording to the audit provisions of this Agreement. ii. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat.Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, §10608etseq.)
All Water Efficiency-Related Project Types
i. Household income eligibility must be established at either 80% of the Area Median Income (AMI), or 80% of the State Median Income (SMI), whichever results in a higher allowable maximum income.
ii. Water Efficiency projects may be invoiced using itemized rate justification that is reviewed and approved by the TCC Grant Manager prior to invoicing, or based on itemized invoices of actual costs incurred.

Water-Energy Projects
i. All installed water efficiency measures must be replacements of inefficient appliances, eligible per these Guidelines, and certified EnergyStar or equivalent as applicable.

Turf Replacement Projects
i. Converted landscapes may only include low water use, drought-tolerant, or California native plants. The Water Use Classification of Landscape Species list (httDS://ucanr.edu/sites/WUCOLS/) or local plant lists may be used to make this selection.
a. The foregoing notwithstanding, converted landscape may also include foodproducing trees (excluding palms), shrubs, vines, and perennial plants.b. At least one tree, existing or new, must be incorporated into the converted landscape.
c. Live or synthetic turfgrass is not allowed in the converted landscaped. Plants listed on the California Invasive Plant Council inventory at time of landscape conversion may not be installed.
ii. Irrigation systems must be water efficient and may be either drip irrigation, micro-spray irrigation, or hand watering.
iii. Exposed soil surfaces must be covered with mulch. Mulch includes organic material, rock, or decomposed granite. Decomposed granite must be limited to 25% or less of the surface area.
iv. Hardscape and permeability requirements:

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
614
a. Impervious decks or patios are not allowed as part of the converted landscape. b. Structures such as outbuildings or sheds are not allowed as part of the footage of the converted landscape.
c. Paving stones, pavers, and brick patios are permitted, but must be filled with loose sand. No concrete or impermeable grouting may be used to affix the pavers in place.

2. Health and Well-Being
Food Access
Grantee shall ensure that for Projects with food access elements such as urban agriculture, community gardens, school gardens, community kitchens, food hubs, community grocery stores, food co-operatives, scattered healthy food distribution methods or agricultural and healthy food education opportunities:

I. Lead Entity must conduct project site due diligence to adhere to best management practices for:
a. Researching any proposed site's history and potential range of contaminants (e.g., lead or other heavy metals) and/or other hazards present; b. Determining any potential risk to human health based on potential range of contaminants and/or other hazards present;
c. Determining appropriate methods for site testing, clean-up, and exposuremanagement, as applicable; andd. Providing documentation of public education regarding potential range of contaminants and/or other hazards present on site, and methods employed to minimize public exposure.
e. For additional resources, refer to the University of California, Agriculture and Natural Resources Urban Agriculture website:https://ucanr.edu/sites/UrbanAa/Production/Soils/Soil Contaminants and Soil Te sting/
ii. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic pesticides, pest management, and fertilizers(e.g., compost, manure) may be used. iii. Lead Entity must develop a clear site management protocol that includes, but is not limited to:
a. A statement of purpose and description of the site
b. A map of garden plots and green space
c. Management structure and decision-making processes
d. Process for determining the use of the site such as, but not limited to:
(i) Identifying and selecting participants for garden plots and equitably distributing plots when demand is greater than supply,
(ii) Length of participation for garden participants(iii) Reservation of community space for classes or gatherings e. Code of conduct and general rules

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
615
f. Procedures if participants are not in compliance with code of conduct and/or general rules
iv. Management protocol must be made accessible to the public in multiple formats (e.g., online, electronic copies, paper copies, etc.) and languages, as requested by thecommunity. v. Project must include an on-site sign that includes hours of operation and contact information, in addition to other signage requirements consistent with Section 52.

Publicity.
vi. Project must ensure food purchased, provided, or made available is healthy. This includes increasing access to fresh, healthy, locally sourced fruit and vegetables, as well as other healthy products.
vii. Project must develop nutrition standards in their programming, which includes but is not limited to the following activities:
a. Assessing the environment in relation to nutrition standards and/or client impact. b. Implementing nutrition standards in programming (in the form of new or strengthened policy and/or system changes) for food and beverages served, sold,or distributed in a variety of settings including meals, snacks, vending, distribution, nutrition assistance, or other sales. The guidelines should support balanced eating patterns and healthy body weight, address California SNAP-Ed Goals, and beconsistent with the Dietary Guidelines for Americans (refer to the California Department of Public Health website:
https://www.cdph.ca.flov/Proflrams/CCDPHP/DCDIC/NEOPB/Paaes/HelpfulLinks. aspx for additional resources).

Parks, Open Space, and Recreation Access
For Projects with park, open space, or recreation access components such as green space, picnic areas, playground, or park exercise equipment; and for Projects with tree or vegetation planting components:
i. The Regional Urban Forester must approve the species list and map of tree planting area prior to beginning work.
ii. Any tree planting within the project must adhere to the CAL FIRE Standards and Specifications for Purchasing, Planting, and Maintaining Trees, and Required Management Activities Practices, see Attachment D-7, unless otherwise approved by SGC. This includes the establishment and adherence to a detailed long-termoperations and maintenance plan. Trees requiring replacement per CAL FIRE must be made at the Lead Entity's cost.
ill. If the project includes habitat restoration or landscaping, the plant palette must exclude the use of invasive plants listed in the California Invasive Plants Inventory, available at http://cal-ipc.orci/plants/inventorv, and include native, low-water, drought-resistant, andclimate appropriate vegetation. iv. If the project includes landscaping, project shall be consistent, as applicable, with the Department of Water Resources' Model Water Efficient Landscape Ordinance (California Code of Regulations, Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7), available at httDS://water.ca.aov/ProgramsA/Vater-Use-AndEfficiencv/Urban-Water-Use-Efficiency/Model-Water-Eff[cient-Landscape-Ordinance

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
616
v. The planting location of trees and vegetation must be strategically selected to avoid removal due to any planned future construction.
vi. Projects may not use neonicotinoid-treated seeds or plantings, neonicotinoid pesticides, or synthetic fertilizer. Organic fertilizers (e.g., compost, manure) may beused. vii. Projects may not include root barriers, decorative tree grates, or decorative tree guards.
viii. Project may not include inefficient irrigation valves, pumps, sprinkler control timers, or over costly and elaborate irrigation systems.
ix. Projects that require tree removal or replacement must result in a net positive number of trees. Only the net number of trees may be quantified for GHG emission reductionquantification. x. If trees funded by this grant are removed for any reason, they must be replaced at the Lead Entity's cost in such a way that is consistent with this agreement. xl. Lead Entity must provide care for all trees and plants (including replacement) during an establishment period of a minimum of three (3) years after planting.

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
617

CALIFORNIA STRATEGIC
y GROWTH COUNCIL
October 31, 2022
Via Email
Mayor Tom Butt
City of Richmond
Attn: Lina Velasco
Director of Community Development
450 Civic Center Plaza, 2nd Floor
Richmond, CA [email protected]: Award Notification - Transformative Climate Communities (TCC) Program, Round 4, Implementation Grant Award, City of Richmond, "Richmond Rising: Healthy, Connected, and Climate Strong" Dear Mayor Butt,
The California Strategic Growth Council (SGC) is pleased to inform you that the Council approved a Transformative Climate Communities Implementation award of $35 million dollars to the City of Richmond for "Richmond Rising:

Healthy, Connected, and Climate Strong" at its October 27, 2022, meeting. Previously funded by California's Capand-Trade Program, Round 4 ofTCC was funded by a FY 2021-2022 budget appropriation from the General Fund.

This program funding empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to reduce greenhouse gas emissions and local air pollution. The TCC Program reflects the SGC'scommitment to support community-led transformation and achieve equitable, resilient communities and landscapesfor all Californians. Congratulations on your successful application.

This letter provides a conditional commitment of grant funds. TCC staff will initiate the Post-Award Consultation (PAC) process soon by scheduling a meeting with the Awardee and sending a review package including review checklists for all projects and transformative plans. This process will involve addressing any outstanding issues identified by TCC staff, reviewers, and the interagency panel, as well as finalizing the grant agreement. Grantees and Partners will need to work closely and collaboratively with TCC Staff to address all issues prior to grantexecution. All requested documentation and changes should be finalized within six (6) months after the Council makes awards. New to Round 4, we will provide a mini grant to support: administrative, staff, and materials costs forGrantees and Partners as they complete the PAC process. Our partnering agency, the Department of Conservation, will lead the PAC process.

Following execution of the grant agreement, grant funds will be disbursed on a bi-monthly basis for eligible direct,indirect, and indicator tracking costs. All reimbursed costs must meet the requirements for reimbursable tasks outlined in the grant agreement. TCC has also been authorized for an Advance Pay Pilot program (AB 156) and will follow up on the terms for accessing advance pay once approved by Council. Please note that no funds will be reimbursed for costs and expenses incurred prior to grant agreement execution, with the exception of limited PAC costs for staff and materials in accordance with forthcoming guidance.

We look forward to our partnership in the coming years. If you have any questions, please contact Sophie Young, TCC Program Manager, at [email protected], \.^y^--rf(^c
Lynn von Koch-LiebertExecutive Director
California Strategic Growth Council
1400 Tenth Street, Sacramento, CA 95814 • www.sgc.ca.gov • (916)324-9775 618
ACTION: FY 2021-2022 TCC Implementation Grants Round 4 Agenda Item #6 Award Recommendation 2: City of Richmond: Richmond RisingAward Amount: $35,000,000 (Recommended); $34,413,431 (Requested) Leverage Funding: $17,342,527
Co-Applicants:
• City of Richmond • GRID Alternatives• Trust for Public Land • Urban Tilth• Rich City Rides • Groundwork Richmond Projects:
• Neighborhood Complete Streets • Basins of Relations• Richmond Wellness Trail • Basque del Barrio • E-Bike Lending Library • ADA Accessible Garden• Resilient Homes for Healthy • Orchard for All! Communities • Veggie RX
The Richmond Rising proposal is the result of years of stakeholder collaboration, including aTCC planning grant, to address environmental justice concerns in the Iron Triangle, Santa Fe, and Coronado neighborhoods that adjoin the historical heavy industrial zones in Richmond. The proposal aims to empower the city's most marginalized communities through complete streets and affordable active transportation options; renewable energy resilient homes; water absorption and reuse; urban greening and cooling of neighborhoods; and enhanced food security for improved health and wellbeing.

The City, alongside five co-applicants, have collaborated over four years of planning and project work to develop the proposal's objective and vision. This proposal's Community Engagement Plan (CEP) draws upon direct ties to priority populations, as well as capacity through RichmondRising Youth Fellows Program (annual paid fellowship for Black and Brown youth). RichmondRising's Displacement Avoidance Plan (DAP) includes a robust set of City programs and policies informed by quantitative data which complement the City's existing work in developing,promoting, and passing policies and programs that address residential and business displacement. Although the proposal meets TCC Program Requirements, only .24% of the total budget (of maximum allowable 3%) was dedicated to the DAP. This amount was the result of a budgeting error caused by unclear language in the TCC Guidelines. The proposal also includes workforce development through solar installation basic training, as well as the RichmondWORKS city program which provides career skills training and supportive services.

Overall/ Richmond Rising presents a strong vision for the Iron Triangle, Santa Fe, and Coronadoneighborhoods informed by years of youth leadership, grassroots organizing, community engagement, and community planning. This vision is complimented by the applicant and coapplicants' demonstrated capacity for executing the proposed plans and projects.

CALIFORNIA STRATEGICGROWTH COUNCIL
October 27, 20221 Page 8 of 57
619
ACTION: FY 2021-2022 TCC Implementation Grants Round 4 Agenda Item #6 Recommended conditions on award:

Provide additional details on work plans, budgets, and staff capacity dedicated to theprojects Strengthen long-term operations and maintenance plans for projects including urban greening.

Revise Displacement Avoidance Plan (DAP) to address budget error and plans for community outreach and feedback and budget inclusion. Up to an additional $586,569 will be available for the DAP, increasing total award to $35,000,000, provided Richmond meets threshold requirements of 50% leverage funding.

Consider mitigation measures to account for resilience to future climate change impactson projects in low-lying coastal waterfronts, such as the Richmond Wellness Trail(Project 2).

Provide additional details on project feasibility questions.

Provide readiness documentation for projects including Project 6, Basque Del Barrio.

Provide additional details and possible modifications to Project 3, E-bike Lending Library to be consistent with program requirements.

Work with TCC staff to determine whether additional implementing partners, such as Rich City Rides, need to be added to the Partnership Agreement; submit additional management and financial capacity documentation.

CALIFORNIA STRATEGICGROWTH COUNCIL
October 27, 20221 Page 9 of 57
620

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.
621

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

By:

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

By:

By: Title:

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
622
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:
623

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Project # and Name: 3 - E-Bike Lending Library Strategy: Car Sharing and Mobility Enhancement Lead Entity: Urban Tilth (work will be done by a fiscally sponsored organization, Rich City Rides, operating with fiscal sponsorship by Urban Tilth)
Project Description: The E-Bike Lending Library (Lending Library) will be a new structure in Unity Park focused on supporting community members in integrating e-bikes into their lives, which supports the community's effort to improve Richmond's growing zero-carbon-based transportation infrastructure. This will include development of a new long-term Ebike share program, where community members can check out bikes, take free classes, and get help and support with every aspect of having an e-bike as a flexible, accessible, and useful mode of transportation. The Lending Library will create a VTM “Volunteer, Training, Maintenance” road to ownership program which will allow community members to receive an e-bike upon completion of the VTM program.

Operations & Maintenance Plan: Rich City Rides will provide additional details to SGC on how the E-Bike Lending Library’s facilities operations and maintenance will be funded during and after the grant period. This Operation and Maintenance Plan will be developed between Rich City Rides and the City of Richmond’s Parks and Recreation Division to be completed in the 11th month of the grant period. Rich City Rides will apply for applicable grants to support the continuation of the bike share programs.

Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (construction & implementation) until all readiness deliverables within Task 1 are received, approved and notified through an updated readiness memo provided by the TCC Grant Manager.

Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: Readiness
A: Develop VTM “Volunteer,
Training, Maintenance” road to
ownership program and
program's Operations and
Maintenance Plan, including
breakdown for ownership and
long- term lending. Confirm Ebike donation with Shared Readiness Condition
A: 1) Final VTM road to
ownership program and
Operations and
Maintenance Plan
2) Letter of donation
commitment from Shared
Mobility
Grant Execution -
August, 2024 $245,795.00 $181,862.49
624

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Mobility for 120 donated Ebikes.

B: Develop agreements for
Lending Library building vision,
decision-making for design
process, and construction
agreements, as well as
maintenance agreements for
during and after the grant
period
Readiness Condition
B: 1) Completed
Maintenance MOU/Letter of
Understanding and Lease
2) Operations and
Maintenance Plan and
Letter of Commitment from
Rich City Rides
C. Hire project team including
project manager, designer,
and outreach specialist
C: Job descriptions and/or
signed contracts
D: Develop Outreach and
Engagement Plan for Lending
Library building design.

D: Final outreach plan
E: Develop branding for
outreach and host 3-4
community design outreach
sessions and other outreach
opportunities to gather
feedback on design
E: 1) Graphic identity and
branding package
2) Printed outreach
materials
3) Advertisements
4) Final Community Design
Outreach Summary
F: Create site plan in
coordination with Charleston
Mobility and City of Richmond
Transportation Department
F: Site plan including utility
plan
G. Obtain permits for
construction and CEQA NOE
Readiness Condition
G: 1) Final permits
625

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
2) Final CEQA
H. Complete 30%, 50%, 100%
and Bid Set of Construction
Documents Plans,
Specifications, and Estimates
Readiness Condition
H: Final 100% Design
Plans, Specifications, &
Estimates (PS&E)
Task 2: Implementation
A: Construction of Lending
Library
A: 1) Final Notice of
Completion for installed
scope of work
2) Photos of Richmond EBike Lending Library
Structure
January 2024 -
2025 B: Purchase e-bikes and $1,160,182.00 $222,718.00
batteries
B: 1) Shipping Confirmation
2) Photos of E Bikes in the
Lending Library
C: Install charging equipment,
update software on e-bikes
and test library system
C: 1) Photos of chargers
installed in the Lending
Library
2) Report on full library
system test
Task 3: Launch and Outreach
A: Develop curriculum for
community E-Bike Lending
Library classes and VTM
program
A: Final curriculums
January 2024 -
2025 $25,523.00 $82,077.00
B: Finalize Community
Outreach and Engagement
Plan for Lending Library
B: Final Community
Outreach Engagement Plan
and Event Schedule
626

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Operations including kick-off
event, educational community
classes, workshops, and bike
rides. Plan to be based on
community input gathered in
Task 1
C: Host kick-off event for
Lending Library Launch and
Community Outreach and
Engagement Plan
C: Library Launch and Kickoff event summary, photos,
and outreach/promotional
materials
Task 4: Education, Operations & Maintenance
A: Technical assistance
training including but not
limited to storage and
inventory management
systems for E-Bike libraries,
safe operation of E-Bikes, EBike maintenance, and road safety issues as well as
training for interacting with the
public.

A: Summary of training
including photos
January 2024 -
Project Completion
Period
$818,805.00 $251,870.00
B: Host 48 educational
community classes, ride or
workshops
B: 1) Annual
class/workshop/ride
summary, photos, and
outreach/promotional
materials
2) Certificate of Completion
for VTM participants
627

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
C: Ongoing operations and
maintenance of E-Bike
Lending Library
C: 1) Bimonthly library use
and bike maintenance
reports
2) Final report highlighting
project metrics
Task 5: Grant Administration
A: Invoicing and reporting;
including metrics and reporting
template development
A: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG
calculations as needed
4) Reporting templates Project Completion
Period $9,360.00 $49,140.00
B: Indicator Reports and
Evaluation Data for Evaluation
Technical Assistance Provider
B: 1) Annual Indicator
Reports
2) Participation in
Evaluation Surveys,
Interviews, Focus Groups,
Information Requests
Equipment (entire project) N/A Project Completion
Period $0 $0
Contingency 10% Contingency Project Completion
Period $201,387.00 $0
Lead Entity Indirect Costs
Indirect costs consistent
with the TCC guidelines and
grant agreement, at a rate
approved under this grant
agreement.

Project Completion
Period $0 $0
Project Total $2,461,052.00 $787,667.49
628

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
Community Engagement Plan Lead Entity: City of Richmond Plan Description: The Community Engagement Plan will center around the Youth Fellows Program, an annual, paid fellowship program for Black and Brown Richmond youth. Overseen by Rich City Rides and the City’s TCC Coordinator, a group of 15 youth aged 16-24 will be recruited each year and will receive mentorship and training by TCC and community partners, help lead engagement for the projects to ensure TCC implementation reflects community needs, and have 2 voting seats in the Collaborative Stakeholder Committee (CSC).

Task Deliverable(s) Timeline Grant Funds Leverage Funds Task 1: TCC Implementation Launch, Outreach, and Annual Planning A: Create and launch
Richmond Rising
website/Transparent
Richmond page and social
media accounts to provide
project specific engagement
and update the community at
a minimum of monthly
intervals
A: 1) Website link added
to City's Transparent
Richmond Website
2) Social Media Calendar
3) Summary of Posts (Bimonthly update with
invoice)
Project
Completion Period $79,269.75
B: Initial outreach strategy
and materials development
B: Press release, initial
contacts database,
outreach strategy
C: Determine annual
community engagement
needs and Youth Fellows
activities
C: Engagement and
outreach workplan
D: Hold initial TCC
Fair/activity
D: Event schedule, print
and digital
announcement, event
summary and photos
E: Coordinate development
and printing of projectspecific outreach materials
E: Project-specific
Outreach Materials
Task 2: Recruitment, Training, and Coordination of Youth Fellows 629

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
A: Develop Youth Fellow job
description, participation
agreements, waivers, and
any other documentation
needed to recruit and
onboard Youth Fellows
A: Final job description,
participation agreement,
waiver(s)
Project
Completion Period $889,730.00
B: Develop four Youth
Fellow training modules and
materials, formalize training
partnerships. Revisited
annually to refine as needed.

B: Training modules,
materials, and schedule
C: Pop-up recruitment
meetings to share program
with potential Youth Fellows
(3 per year, preceding start
of next Fellow Cohort)
C-F: Annual Youth
Fellows Summary
including (but not limited
to):
1) recruitment outcomes
2) offer letters
3) training summary and
photos
4) schedule and
assignments
5) experience summaries
6) summaries of
community
findings/learnings
D: Recruit, hire and train 15
Youth Fellows annually.

Training includes 4
developed modules on
climate equity, organizing,
community engagement, and
at least 3 training workshops
on TCC projects and plans,
per cohort of Youth Fellows.

E: Surface and coordinate
mentorship and job
shadowing opportunities
between TCC partners and
Youth Fellows
630

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
F: Support Youth Fellows in
summarizing community
data to inform both TCC
implementation and future
Climate Action Plan update
Task 3: Youth Fellows
A: Each Youth Fellow
attends trainings including 4
developed modules on
climate equity, organizing,
community engagement, and
at least 3 training workshops
on TCC projects and plans.

A-F: Annual Youth
Fellows Summary
including (but not limited
to):
1) recruitment outcomes
2) offer letters
3) training summary and
photos
4) schedule and
assignments
5) experience summaries
6) summaries of
community
findings/learnings
Project
Completion Period $224,280.00
B: Each Youth Fellow
attends up to 5 project or
community meetings per
year
C: Youth Fellows host up to
4 community bike rides per
year
D: Youth Fellows hold 1:1
interviews with Project Area
residents to have more indepth conversations about
projects, concerns,
questions and gather
community impressions of
TCC projects. (2 per Youth
Fellow per year)
E: Each Youth Fellow tables
at up to five community
events annually to share
information and ask
residents about their climate
priorities and record to share
with CSC
631

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
F: Youth Fellows support at
project-specific outreach
activities, engagement, and
implementation
G: Youth Fellows support
overall TCC messaging,
especially drafting
engagement messages and
sharing on website and
social media
G: Social Media Calendar
contributions
H: Youth Fellows attend
Collaborative Stakeholder
Structure Committee
meetings, report on input
and findings from
engagement
H: 1) Bimonthly
engagement updates
2) Annual Youth Fellows
Summary
Task 4: Grant Administration
A: Post announcement and
hire Rich City Rides Project
Manager and Community
Organizer, onboard and train
new hires
A: Position postings
Project
Completion Period $26,325.00 $29,250.00
B: Develop templates for
activity summaries, youthproduced content, and
reporting for CEP
B: Templates
C: Coordinate payments of
Community Work product
Compensation for Project
Area resident members of
CSC and the meeting
expenses
C: Annual summary
D: Rent and staff TCC coworking stationD: Signed Rental Agreement
632

EXHIBIT B – BUDGET AND SCHEDULE OF DELIVERABLES
E: Invoicing and reporting;
including metrics and project
management
E: 1) Bimonthly progress
reports and invoicing
2) Final report highlighting
project metrics
3) Regular GHG
calculations as needed
F: Indicator Reports and
Evaluation Data for
Evaluation Technical
Assistance Provider
F: 1) Annual Indicator
Reports
2) Participation in
Evaluation Surveys,
Interviews, Focus Groups,
Information Requests
Plan Total $1,219,604.75 $29,250.00
633

EXHIBIT C – SPECIAL TERMS AND CONDITIONS Part 1 – Transformative Plans

SPECIAL TERMS AND CONDITIONS
PART 1 – Transformative Requirements

1. Community Engagement
Grantee is required by AB 2722 to ensure meaningful community engagement of the TCC Project Area residents and key stakeholders in all phases of implementation; Grantee will conduct and oversee community engagement for the entirety of the TCC Project;
Grantee will report to SGC on community engagement related activities; Grantee will develop a process to collect and address complaints or concerns related to TCC Project implementation; and
Grantee will ensure all Community Engagement costs are directly related to the implementation of the Projects included in the TCC Project, per Section II.E of the TCC Guidelines.
634

EXHIBIT C – SPECIAL TERMS AND CONDITIONS Part 1 – Transformative Plans Part 2 – Project-Specific Terms and Conditions
Grantee certifies that it will ensure that the Lead Entity of each Project adheres to the following requirements.

2. Car Sharing and Mobility Enhancement
All Car Sharing and Mobility Projects
Lead entity shall maintain an implementation plan which includes:
i. Processes and timeline to develop program design and procedures including vehicle and equipment specifications and detailed program requirements listed below. ii. Procurement policies including bid, lead time, and roll-out plan i. Supplemental prerequisite work:
ii. Analyses of proposed area and site selection criteria iii. Documentation of community engagement informing program design, location, and operational structure
iv. Operations & maintenance plan
v. Long-term business plan demonstrating financial feasibility Vehicle and Equipment Specifications
Lead Entity must purchase or lease eligible light-duty passenger vehicles or medium-duty passenger or shuttle vans that are zero emission or near-zero emission vehicles, which include hydrogen fuel cell vehicles, battery electric vehicles (BEV), and fuel cell electric vehicles (FCEV). Changes to the fleet after grant execution may be made subject to prior written approval by SGC. Additional vehicle requirements:
i. May be purchased or leased (2-year minimum lease period). ii. May be new or used.
iii. Must be a four (4) passenger vehicle or more.
iv. New vehicles must be eligible for the Clean Vehicle Rebate Project (CVRP) or the California Hybrid and Zero-Emission Truck and Bus Voucher Project (HVIP), but they cannot participate in those projects, i.e., they cannot receive rebates from CVRP2 or vouchers from HVIP3.
v. Used vehicles that have participated in CVRP or HVIP and have fully complied with CVRP and HVIP requirements are eligible.
vi. Must be registered in California.
vii. No modifications to the vehicle’s emissions control systems, hardware, software calibrations, or hybrid system (California Vehicle Code (CVC) Section 27156). viii. A chassis that has been modified with aftermarket parts or equipment to create a PHEV or zero-emission vehicle is not eligible.
ix. Vehicle title cannot be salvaged (as defined in CVC Section 544). 635

EXHIBIT C – SPECIAL TERMS AND CONDITIONS Part 1 – Transformative Plans Lead Entity may purchase and install electric vehicle supply equipment (EVSE) to provide electricity for BEVs and PHEVs, as applicable. EVSE equipment may be:
i. Installed in commercial or residential locations.
ii. May include ports for bicycle charging if the project design includes electric bicycles. iii. Level 2: rated up to 240 volts AC, up to 60 amps, and up to 14.4 kW. iv. Level 3: high voltage AC or DC with the capability to charge the vehicle to approximately 80% capacity within 30 minutes.

Lead Entity may purchase Class 1 or Class 2 electric bicycles and supporting equipment for the bicycle sharing complement to the car sharing system. Electric bicycles and equipment should comply with the following:
i. Purchase and install electric bicycle charging equipment to provide electricity for electric bicycles, no more than one (1) per bicycle, as applicable. ii. Purchase bicycle locking stations, no more than one (1) per bicycle, as applicable. iii. May purchase bicycle helmets for use of electric bicycle.

Lead Entity must establish secure and safe home base parking for project vehicles and optional electric bicycles within the Project Area.

Program Requirements
Lead Entity must develop policy and process to evaluate potential vehicle drivers, bicycle riders, vanpool riders, and subsidy recipients, as applicable and as follows:
i. Enroll all vehicle drivers, bicyclists, carpool/vanpool riders (non-driver participants), and subsidy recipients and ensure that they:
a. Complete an Initial Participant Survey upon enrollment. b. Complete trip surveys and participate in research as requested by Lead Entity. c. Pay project fees to use the car sharing system, as determined by Lead Entity. ii. Ensure enrolled vehicle drivers also meet the requirements below:
a. Possess a current driver’s license.
b. Meet minimum requirements to drive a project vehicle as required by Lead Entity and the insurance provider, to be developed in conjunction with SGC. iii. Ensure enrolled bicyclists satisfactorily complete a bicycle safety training program (as approved by SGC).
iv. Participants become ineligible upon any of the following events:
a. Vehicle driver or bicycle rider participant becomes ineligible per terms of insurance. b. Vehicle driver’s license lapses or is revoked.
c. Vehicle or bicycle rider is determined to be an unsafe or impaired driver by the Lead Entity.
636

EXHIBIT C – SPECIAL TERMS AND CONDITIONS Part 1 – Transformative Plans d. Participant causes damage to a vehicle, bicycle, EVSE or other project property, at the discretion of Lead Entity or SGC.
e. Non-payment of project fees to use the car sharing system, to participate in the project, or to receive subsidies, as required by the Lead Entity. f. Non-compliance with project requirements, at the discretion of Lead Entity or SGC.

Lead Entity must develop, administer, and maintain a user-friendly vehicle reservation system as applicable; at a minimum, provide telephone-based, person-to-person reservation fulfillment.

Lead Entity must develop policies and procedures documents and flow charts that describe Lead Entity’s administrative actions for evaluating and processing participants, reservations, vehicle maintenance, and data gathering and reporting, as applicable.

Lead Entity must establish and maintain records of participants, vehicles, EVSE, optional electric bicycles and chargers, fuel, maintenance, and other records, as applicable and as follows:
i. Identify participant data that is confidential and develop measures to keep this data confidential.
ii. Develop a systematic process and schedule to back-up participant, reservation database(s) on a daily basis at a minimum.
iii. Develop and enforce security measures to safeguard Project database(s). iv. Store all records in a secured and safe storage facility that maintains confidentiality and provides fire and natural disaster protection.
637
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. 638
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:

639
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data. Contractor shall not publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 640
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 641
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. 642
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 643
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.
644
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 645
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 646
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 647
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 648
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
649
General Conditions/EJ/TE 01-19-11 11 of 13

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 650
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard. 651
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. 652
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):
653
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.
654
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
655
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 656
___ 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.
657
658
659
660
661
662
•^
City of Richmond
Sole Source Justification
TfflS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing canhelp you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:
fame: urban Tiith (fiscal sponsor for Rich city Rides) Contact Name: Adam Boisvert Address: 323 Brookside Drive
City: Richmond _ State: _CA_Zip Code: _94801_
Phone Number f510 "» 232-0911 E-Mail [email protected] of Contract: August 23, 2023 - December 31, 2028 Estimated Cost: $ $ 3,680,656.75 Funding Source (Account Strmg)^?^06wwoo20WG09_ Is the product/service IT related? Yes_No x_ If Yes, please attach the approved IT Authorization FormFor Product: Is the recommended company the manufacturer of the product? Yes_ No xFor Product: Does the manufacturer sell the item(s) through distributors? Yes_ No xDescription of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page) Urban Tilth, fiscal sponsor for Rich City Rides, will lead the E-Bike Lending Library (Lending Library), a new structure in Unity Park focused on supporting community members in integrating e-bikes into their lives, whichsupports the community's effort to improve Richmond's growing zero-carbon-based transportation infrastructure.This will include development of a new long-term E-bike share program, where community members can check out bikes, take free classes, and get help and support with every aspect of having an e-bike as a flexible, accessible, and useful mode of transportation. The Lending Library will create a VTM "Volunteer, Training, Maintenance" road toownership program which will allow community members to receive an e-bike upon completion of the VTM program.They will also lead the Community Engagement Plan centered around the Youth Fellows Program.

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

Rich City Rides, fiscally sponsored by Urban Tilth, was specified as a Co-applicant in the City'sRichmond Rising project submitted and awarded a TCC implementation grant. They are a Project Lead for one of the nine Richmond Rising project components. See attached Award Letter and Richmond Rising Project Summary.
(if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
663
Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to thecustomer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).Note: If item or service is available from more than one source. the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware I—I For the repair or modification of existing hardware 11 Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work - Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence. (if additional space is needed, include them In a separate page) 2 I Page
664
I acknowledge the City's requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort toreview comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interestinvolved in the selection made. lent: Community Development
and Title: Lina Velasco, Director of Community Development Note: Requester must be able to defend this justification.

Date: September 6, 2023 Phone: 510-620-6706
Department Director (Print) Una Veiasco _ (Sign) <^ ^^^T^^^Date: September 6,2023 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:
o=Qvf ft 13 chm&Tid, ou=: APPROVED: Andrea Miller ^Sssr.:r~~ DATE: / / NOT APPROVED: COMMENTS:

City Manager City Clerk Attesting to Council Approval(Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted) Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the CityManager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

PROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City's requirements and withstand any possible audit. The City's requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements. 3 I Page
665
project # and Name: 3 - E-Bike Lending Library Strategy: Car Sharing and Mobility Enhancement [Lead Entity: Urban Tilth (work will be done by a fiscally sponsored organization, Rich City Rides, operating with fiscal |sponsorship by Urban Tilth)
'roject Description: The E-Bike Lending Library (Lending Library) will be a new structure in Unity Park focused on supporting community members in integrating e-bikes into their lives, which supports the community's effort to improve Richmond's growing zero-carbon-based transportation infrastructure. This will include development of a new long-term Ebike share program, where community members can check out bikes, take free classes, and get help and support with every aspect of having an e-bike as a flexible, accessible, and useful mode of transportation. The Lending Library will create a VTM "Volunteer, Training, Maintenance" road to ownership program which will allow community members to receive an e-bike upon completion of the VTM program.

Pperations & Maintenance Plan: Rich City Rides will provide additional details to SGC on how the E-Bike Lending Library's facilities operations and maintenance will be funded during and after the grant period. This Operation and Maintenance Plan will be developed between Rich City Rides and the City of Richmond's Parks and Recreation Division to |be completed in the 1 1th month of the grant period. Rich City Rides will apply for applicable grants to support the )ntinuation of the bike share programs.
|Reimbursement Conditions: Grantee will not be reimbursed for Task 2 (construction & implementation) until all readiness leliverables within Task 1 are received, approved and notified through an updated readiness memo provided by the TCC |Grant Manager.

Task Deliverable(s) Timeline IGrant Funds [Leverage Funds |Task1: Readiness
[A: Develop VTM "Volunteer,
|Training, Maintenance" road to
|ownership program and
[program's Operations and
|Maintenance Plan, including
[breakdown for ownership and
long- term lending. Confirm EIbike donation with Shared IReadjness Condition
1) Final VTM road to
|ownership program and
Pperations and
Maintenance Plan
|2) Letter of donation
lcommitment from Shared
|Mobility
Grant Execution
August, 2024
$245,795.00 $181,862.49

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

666
Mobility for 120 donated E3ikes.
|B: Develop agreements for
|Lending Library building vision,
[decision-making for design
[process, and construction
[agreements, as well as
|maintenance agreements for
[during and after the grant
Iperiod
Readiness Condition
B: 1) Completed
Maintenance MOU/Letter of
Understanding and Lease
2) Operations and
Maintenance Plan and
Letter of Commitment from
Rich City Rides
Hire project team including
Iproject manager, designer,
land outreach specialist
|D: Develop Outreach and
[Engagement Plan for Lending
|Library building design.
|C: Job descriptions and/or
[signed contracts
|D: Final outreach plan
|E: Develop branding for
loutreach and host 3-4
|community design outreach
[sessions and other outreach
lopportunities to gather
feedback on design
|E: 1) Graphic identity and
[branding package
|2) Printed outreach
Imaterials
|3) Advertisements
|4) Final Community Design
putreach Summary
|F: Create site plan in
lcoordination with Charleston
|Mobility and City of Richmond
|Transportation Department
|G. Obtain permits for
lconstruction and CEQA NOE
|F: Site plan including utility
Iplan
Readiness Condition
|G: 1) Final permits

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

667
2) Final CEQA
-^ Complete 30%, 50%, 100%
and Bid Set of Construction
Documents Plans,
specifications, and Estimates
readiness Condition
4: Final 100% Design
31ans, Specifications, &
Estimates (PS&E)
Fask 2: Implementation
\: Construction of Lending
-ibrary
3: Purchase e-bikes and
batteries
Y. Install charging equipment,
jpdate software on e-bikes
and test library system
\: 1) Final Notice of
completion for installed
.cope of work
?) Photos of Richmond E3ike Lending Library
structure
3: 1) Shipping Confirmation
?) Photos of E Bikes in the
-ending Library
Y. 1) Photos of chargers
nstalled in the Lending
-ibrary
?) Report on full library
system test
Fask 3: Launch and Outreach
\: Develop curriculum for
;ommunity E-Bike Lending
-ibrary classes and VTM
program
3: Finalize Community
Dutreach and Engagement
31an for Lending Library
\: Final curriculums
3: Final Community
Dutreach Engagement Plan
and Event Schedule
January 2024 -
2025
January 2024 -
2025
$1,160,182.00
$25,523.00
$222,718.00
$82,077.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES
Page3
668
Operations including kick-off
event, educational community
classes, workshops, and bike
rides. Plan to be based on
community input gathered in
Task 1
C: Host kick-off event for
Lending Library Launch and
Community Outreach and
Engagement Plan
;: Library Launch and Kick-
>ff event summary, photos,
ind outreach/promotional
naterials
Task 4: Education, Operations & Maintenance
A: Technical assistance
training including but not
limited to storage and
inventory management
systems for E-Bike libraries,
safe operation of E-Bikes, EBike maintenance, and road safety issues as well as
training for interacting with the
public.

B: Host 48 educational
community classes, ride or
workshops
^: Summary of training
ncluding photos
?:1) Annual
;lass/workshop/ride
summary, photos, and
)utreach/promotional
naterials
') Certificate of Completion
or VTM participants
January 2024 -
Project Completion
Period
$818,805.00 $251,870.00

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES

669
Y. Ongoing operations and
naintenance of E-Bike
-ending Library
;: 1) Bimonthly library use
ind bike maintenance
sports
:) Final report highlighting
iroject metrics
Fask 5: Grant Administration
\: Invoicing and reporting;
ncluding metrics and reporting
:emplate development
3: Indicator Reports and
Evaluation Data for Evaluation
Fechnical Assistance Provider
Equipment (entire project)
contingency
Lead Entity Indirect Costs
<: 1) Bimonthly progress
eports and invoicing
:) Final report highlighting
iroject metrics
i) Regular GHG
;alculations as needed
•) Reporting templates
S: 1) Annual Indicator
reports
') Participation in
Evaluation Surveys,
nterviews, Focus Groups,
nformation Requests
J/A
0% Contingency
ndirect costs consistent
/ith the TCC guidelines and
irant agreement, at a rate
ipproved under this grant
igreement.
=>roject Completior
Period
Project Completior
Period
Project Completior
Period
Project Completior
Period
Project Total]
$9,360.00
$0
$201,387.00
$0
$2,461,052.00
$49,140.00
$0
$0
$0
$787,667.49

EXHIBIT B - BUDGET AND SCHEDULE OF DELIVERABLES