Richmond City Council
November 7, 2023

366
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures 0001-907, 908- Non-Departmental

ALLOCATION SUMMARY
Compensated
Leave & Retiree
Benefits
Citywide
Support
Services
Civic Center
Rent
Allocation
Civic
Center/Plaza
Security
Services Total
2125- IRON TRIANGLE/EPA PROGRAMS - 129 - - 129 2126- COR-HOUSING DEPT CIP FUND - - - - - 3001- DS - 2005 TAXABLE POB - 2,499 - - 2,499 3002- DS - 99A PENSION OBLIG BOND - 1,733 - - 1,733 3005- DS - 2007 CIVIC CENTER - 31,011 - - 31,011 4001- PORT OF RICHMOND - 41,724 - - 41,724 4003- WASTEWATER - 133,960 - 7,583 141,543 4005- MARINA - 1,777 - - 1,777 4006- STORM WATER - 10,491 - - 10,491 4008- KCRT - CABLE TELEVIS - 6,233 - - 6,233 4101- RHA-HSNG CHOICE VOUCHER-SEC 8 - - - - - 4201- RHA-CAPITAL FUND - 1,688 - - 1,688 4401- RHA-HACIENDA - 68 - - 68 4404- RHA-NEVIN PLAZA - 12,969 - - 12,969 4405- RHA-NYSTROM VILLAGE - 4,582 - - 4,582 4406- RHA-RICHMOND VILLAGE ONE - 1,741 - - 1,741 4407- RHA-RICHMOND VILLAGE TWO - 1,437 - - 1,437 4408- RHA-RICHMOND VILLAGE THREE - 667 - - 667 4501- RHA-CENTRAL OFFICE COST CNTR - 2,316 - 3,792 6,107 4502- RHA-HOUSING (RAD) CORPORATION - 0 - - 0 5001- INSURANCE RESERVES - 220,385 - - 220,385 5003- EQUIPMENT SERVICES - 16,851 - - 16,851 5008- COMPENSATED ABSENCES - 17,560 - - 17,560 6001- GENERAL TRUST & AGENCY - - - - - 6004- COMMISSION ON AGING - 15 - - 15 6005- SEAVER GALLERY TRUST FUND - - - - - 6007- SENIOR TRUST DEPOSIT - 133 - - 133 6047- CERTBT PLAN FUND - 2,169 - - 2,169 6048- OPEB PLAN TRUST - 53,434 - - 53,434 6049- PT MOLATE PRIVATE-PURPOSE TRST - 6,526 - - 6,526 6050- GENERAL PENSION FUND - 2,684 - - 2,684 6051- POLICE & FIRE PENSION - 8,644 - - 8,644 6052- GARFIELD PENSION FUND - 374 - - 374 6058- MARINA WESTSHORE DEB - 841 - - 841 6059- COUNTRY CLUB VISTA - 1,311 - - 1,311 6060- REASSESSMENT DISTRICT 2003-1 - - - - - 6101- SA-PROPERTY TAX TRUST FUND - - - - - 6102- SA- ADMINISTRATION - 2,135 - - 2,135 6103- SA - CAPITAL PROJECT FUNDS - 1,670 - - 1,670 6208- SA-CIP 07B TARB BND PRCDS-HSG - - - - - 6300- SA-DS HARBOR 98 TARB - 38 - - 38 6304- SA-DS 2003B TARB - 2,560 - - 2,560 6305- SA-DS 2004A TARB 2/3 - 2,225 - - 2,225 6306- SA-DS 2004A TARB -1/3 HSING - 1,120 - - 1,120 6307- SA-DS 2004B TARB - HOUSING - 3 - - 3 6309- SA-DS 2007/10B TARB - HOUSING - 14 - - 14 6401- SA-DS 2014A NON-TAXABLE BONDS - 3,423 - - 3,423 6402- SA-DS 2014B TAXABLE BONDS - - - - - 6403- SA-DS LOANS PAYABLE - 4,166 - - 4,166 6404- SA-DS 2021A NON-TAXABLE BONDS is new - 4,529 - - 4,529 6405- SA-DS 2021B TAXABLE BONDS is new - 126 - - 126 6996- SUCCESSOR AGENCY - GLTDAG - 785 - - 785 9102- CITY OF RICHMOND - GFAAG - 91,186 - - 91,186

AO- ALL OTHER - - - - - Total $ 7,774,633 $ 2,017,362 $ 3,351,816 $ 326,714 $ 13,470,525 Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
20 - Summary

367
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
FY 21-22 Total
Council Agendas
FY 21-22
Modified Total
Direct Cost per
Fund/Department
FY 21-22 Total
FTEs per
Fund/Department
FY 21-22 Total
PO's per
Fund/Departme
nt
FY 21-22 Total
Revenues
Received per
Fund/Department
FY 21-22 Total
Building
Square Footage
FY 21-22
Total
Accounts
Payable
Invoices per
Fund/Departm
ent

ALLOCABLE BUDGET UNITS
BLDG Building Use - -
EQUIP Equipment Use - -
0001-131 City Manager's Office 11 836,342 6.00 13 63,619 4,480 93 0001-141 City Clerk 46 866,310 4.00 12 222,894 173 0001-151 City Attorney 19 2,499,297 10.00 10 928,469 4,764 232 0001-171 Finance Administration 64 681,134 6.00 9 252,710 7,800 160 0001-172 Accounting 1,431,376 8.00 3 287,385 5 0001-173 Budget/Operating 436,816 3.00 - 0001-174 Payroll 374,205 4.00 - 0001-175 Treasury/Cash Management 795,789 5.00 7 84,255 21 0001-176 Accounts Payable 104,790 2.00 - 0001-177 Rev Collection 916,259 15.00 6 194,020 42 0001-178 Purchasing 394,386 2.00 2 30,970 8 0001-181 Human Resources 19 1,955,746 14.00 30 885,044 4,928 418 0001-232 Facility Maintenance and Administration 8,513,773 40.00 48 5,142,191 7,100 5,092 0001-235 Equipment Services/Fleet Services 3,438,354 13.00 60 23,594,313 14,000 1,852 0001-261 Information Technology Administration 2 1,535,218 4.00 123 1,706,597 4,000 179 0001-262 Telecommunications 2,009,322 5.00 18 1,270,907 886 0001-263 IT/Mailroom and Duplication, GIS, ERP and Desktop 151,210 1.00 17 119,634 84 0001-907, 908 Non-Departmental 8,714,536 - 21 4,584,968 6,693

RECEIVING BUDGET UNITS
0001-101 OFFICE OF THE MAYOR 66 551,652 4.00 2 9,415 27 0001-105 COUNCIL/CITY COUNCIL DIV 489,456 13.00 8 129,122 7,850 128 0001-121 POLICE COMMISSION DIV 61,600 1.00 2,917 700 3 0001-132 CM-SPCIAL PROJS/ENVIRONMENTAL 4 - - 0001-163 GF-PLN/CODE ENFORCEMENT (DIV) 1,437,858 7.00 4 - 199 0001-191 GF-POLICE ADMIN DIV 18 52,984,442 189.00 119 14,246,041 79,313 1,732 0001-192 GF-POLICE-PATROL/CIB 6,703 - - 0001-193 GF-POLICE/CRIME PREVENTION 319,806 1.00 1 307,588 62 0001-194 GF-POLICE-COPS GRANT 474,195 - - 0001-196 GF-POLICE/REGULATORY 551,408 1.00 666 7 0001-197 CAD DISPATCH SYST/COMM POL DIV 3,488,210 26.00 3 - 52 0001-199 GF-PARKING ENFORCEMENT DIV 198,894 1.00 - 0001-201 GF-FIRE/ADMIN DIV 3 577,141 4.00 2 5,500 5,252 11 0001-202 GF-FIRE/SUPRESSN DIV 28,557,907 82.00 - 48,502 0001-203 GF-FIRE PREVENTION DIV 2,145,677 7.00 4 93,357 68 0001-204 GF-FIRE/ SUPPORT DIV 202,187 - 18 405,005 203 0001-205 GF-FIRE/TRAINING DIV 393,802 1.00 18,892 4 0001-206 GF-FIRE/OF. OF EMS DIV 145,485 2.00 3,425 1 0001-211 OF. OF NB-HOOD SFTY ADMIN DIV 1,358,153 17.00 2 79,059 69 0001-212 OFF OF N-HOOD SFTY/GRANT ADM 12,146 - 19,046 13 0001-231 GF-PW ADMIN-DIV 53 1,140,669 6.00 17 74,007 4,786 220 0001-233 GF-PRKS&LNDSKP/PRKS (S-DIV) 4,462,023 33.00 55 4,486,894 9,048 1,120 0001-234 IT GIS 3,203,147 31.00 8 608,636 8,000 316 0001-237 GF-I&M/ABATEMENT SVCS (DIV) 1,985,338 21.00 8 406,795 137 0001-238 GF-I&M/CODE ENFORCEMENT (DIV) 1.00 - 0001-239 GF-I&M/PROP/ASSETS MNGT (DIV) 667 - 694 13 0001-241 GF-LIB&CL SVC/L-ADM DIV 3,237,699 45.00 8 152,720 37,470 128 0001-242 GF-LS/REF SVCS(S-DIV) 441,851 - 41 726,555 780 0001-243 GF-LIB&CL SVCS/LEAP DIV 919,532 7.00 2 4,624 3,062 18 Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

368
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
FY 21-22 Total
Council Agendas
FY 21-22
Modified Total
Direct Cost per
Fund/Department
FY 21-22 Total
FTEs per
Fund/Department
FY 21-22 Total
PO's per
Fund/Departme
nt
FY 21-22 Total
Revenues
Received per
Fund/Department
FY 21-22 Total
Building
Square Footage
FY 21-22
Total
Accounts
Payable
Invoices per
Fund/Departm
ent
0001-244 GF-LIB&CL SVC/P-ART DIV - - 21,800 0001-251 GF-RECREATION ADM DIV 31 1,758,591 17.00 8 224,894 32,228 185 0001-253 CM&NB/BOOKER T CTR (S-DIV) 1,284,159 55.00 8 198,951 42,245 213 0001-255 GF-CM TRANSPORTATN OPERATIONS 253,552 2.00 3 - 34 0001-254 GF-REC/SPCL EVENTS (S-DIV) 661,378 8.00 6 94,863 15,868 55 0001-256 RECREATION SVCS/AQUATICS 329,084 47.00 4 31,317 7,500 49 0001-257 RECREATION SVCS/CONVENTION CTR 432,979 4.00 25,532 40,000 9 0001-259 RECREATION SVCS/PLUNGE 302,019 - 4 19,097 32 0001-260 RECREATION SVCS/CITIES OF SRVC 278,830 2.00 21 87,049 38 0001-291 GF-ADMINISTRATIVE SERVICES 1.00 - 0001-292 GF-STREET SWEEPING - - 0001-361 GF ECON DEV/SP PRJ-ENVIRONMNTL 24 411,101 5.00 6 - 58 0001-362 GF ECON DEV/SP PRJ-ENVIRONMNTL 391,194 3.00 8 - 70 0001-364 GF-ECON DEV/PUBLIC ART DIV 611,057 1.00 22 - 39 0001-369 GF-ECON DEV/REAL ESTATE (DIV) 532,200 1.00 7 - 47 0001-371 INTERNAL SERVICES-ADMIN 436,263 3.00 3 - 17 0001-910 GF-NON-DEPT/CITY FESTIVAL 14,351 - 2 14,351 2 1001 SECURED PENSION OVERRIDE - - 1002 STATE GAS TAX 2,408,239 - 7 1,516,218 218 1003 TRANSPORTATION OPERATIONS 577,936 4.00 3 - 1,680 106 1004 ASSET SEIZURE FUND - 6,434 1 1005 LIBRARY FUND 142,741 - 3 272,755 121 1006 OUTSIDE FUNDED SVCS - GRANTS 2,157,729 - 29 1,583,276 290 1007 EMERGENCY MED SERV 116,417 - 6 265,858 52 1009 VEOLIA MITIGATION - -
1010 N.RICHMOND WASTE 104,935 - 1 4,677 19 1012 HILLTOP LANDSCAPE MAINT DIST 976,256 13.00 6 465,647 171 1013 FIRE DEPT HAZMAT GRANT 3,966 - 20,907 5 1015 MARINA BAY LNDSCP&LIGHTDIST FD 1,042,112 8.00 6 1,142,858 260 1017 CHEVRON MODERNIZATN PROJ & CIA 4,805,055 - 72 619,487 134 1018 RENT CONTROL 1 2,015,599 15.00 15 372,780 180 1019 SBI RMRA CAP IMPROVEMENT 602,304 - 9 - 62 1050 CR-PLANNING & BUILDING 6,807,743 25.00 78 3,841,697 7,796 806 1053 CODE ENFORCEMENT-CR - -
1054 ENGINEERING GRANTS 187,808 - 13 15,010,840 9,096 119 1055 ENCROACHMENTS SVCS 501,545 8.00 - 36 1200 COR HOUSING ADMINISTRATION 235,037 3.00 6 70,969 56 1201 CDBG 363,155 - 4 356,701 17 1202 HOME PROGRAM - 1 - 1203 NEIGHBORHOOD STABILIZATION 43,914 - 2 15,157 2,550 6 1205 EMPLOYMENT & TRAINING 4,652,327 20.00 45 2,887,677 31,585 596 1207 NEIGHBORHOOD STAB(CITY) 3,458 - 1 7,063 2 1208 SUCCESSOR HOUSING AGNCY 88,209 - 1 - 1,600 1209 CAL-HOME 633 - - 1301 HOUSING/RENTAL ASSISTANCE PROG - - 1302 HOUSNG IN LIEU FEE - DEVELOPER 315,334 - 1 328,623 19 1303 KIDS FIRST INITIATIVE 637,344 2.00 16 - 43 1304 EMERGENCY OPE & DISASTR RECVRY 50,610 - 1 - 66 1305 PUBLIC ART 137,378 - 17 - 21 1306 AMERICAN RESCUE PLAN ACT 24 446,879 - 9 - 11 2001 GENERAL CAPITAL FUND 106,088 - 10 279,329 22 Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

369
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
FY 21-22 Total
Council Agendas
FY 21-22
Modified Total
Direct Cost per
Fund/Department
FY 21-22 Total
FTEs per
Fund/Department
FY 21-22 Total
PO's per
Fund/Departme
nt
FY 21-22 Total
Revenues
Received per
Fund/Department
FY 21-22 Total
Building
Square Footage
FY 21-22
Total
Accounts
Payable
Invoices per
Fund/Departm
ent
2002 MEASURE J 1,420,494 - 7 2,097,259 66 2110 IMPACT FEE - PARK 15,117 - 1 15,000 1 2111 PF IMP FEES-TRAFFIC/ROAD-ENG 450,312 - 8 368,421 30 2113 IMPACT FEE - FIRE 100,383 - 9 47,058 3 2114 IMPACT FEE - POLICE 4,691 - - 2115 IMPACT FEE - COMM/AQUATC 10,406 - 1 9,900 1 2116 IMPACT FEE - PARKS/OPEN 2,263 - - 2117 IMPACT FEE - LIBRARY 6,627 - 1 10,644 7 2119 IMPACT FEE - STORM DRAINAGE 3,593 - - 2120 IMPACT FEE - WASTEWATER 6,087 - 1 508,274 6 2125 IRON TRIANGLE/EPA PROGRAMS 17,846 - 1 - 1 2126 COR-HOUSING DEPT CIP FUND - - 3001 DS - 2005 TAXABLE POB 345,988 - - 76,980 3002 DS - 99A PENSION OBLIG BOND 239,961 - - 3005 DS - 2007 CIVIC CENTER 4,294,097 - - 4001 PORT OF RICHMOND 5,777,624 2.00 37 566,341 251 4003 WASTEWATER 18,549,671 8.00 56 42,841,898 739 4005 MARINA 246,062 - 1 - 4006 STORM WATER 1,452,696 - 7 1,128,641 96 4008 KCRT - CABLE TELEVIS 863,115 4.00 6 310,598 140 4101 RHA-HSNG CHOICE VOUCHER-SEC 8 - - - 4201 RHA-CAPITAL FUND 233,733 - 11 213,600 23 4401 RHA-HACIENDA 9,416 - 147,090 18 4404 RHA-NEVIN PLAZA 1,795,858 3.00 35 1,615,985 625 4405 RHA-NYSTROM VILLAGE 634,533 2.00 30 586,803 511 4406 RHA-RICHMOND VILLAGE ONE 241,100 - - 4407 RHA-RICHMOND VILLAGE TWO 199,009 - - 4408 RHA-RICHMOND VILLAGE THREE 92,374 - - 4501 RHA-CENTRAL OFFICE COST CNTR 320,678 4.00 83,964 316 4502 RHA-HOUSING (RAD) CORPORATION 20 - - 5001 INSURANCE RESERVES 30,517,178 5.00 37 14,043,726 214 5003 EQUIPMENT SERVICES 2,333,447 - 5 537,850 24 5008 COMPENSATED ABSENCES 2,431,615 - - 6001 GENERAL TRUST & AGENCY - - 6004 COMMISSION ON AGING 2,111 - 4,205 4 6005 SEAVER GALLERY TRUST FUND - 70,556 6007 SENIOR TRUST DEPOSIT 18,357 - 1 113,539 107 6047 CERTBT PLAN FUND 300,315 - - 6048 OPEB PLAN TRUST 7,399,140 - - 6049 PT MOLATE PRIVATE-PURPOSE TRST 903,639 - - 6050 GENERAL PENSION FUND 371,727 8.00 - 6051 POLICE & FIRE PENSION 1,196,997 20.00 - 6052 GARFIELD PENSION FUND 51,807 1.00 - 6058 MARINA WESTSHORE DEB 116,448 - - 6059 COUNTRY CLUB VISTA 181,472 - - 6060 REASSESSMENT DISTRICT 2003-1 - - 6101 SA-PROPERTY TAX TRUST FUND - - 6102 SA- ADMINISTRATION 295,651 - 6 79,745 177 6103 SA - CAPITAL PROJECT FUNDS 231,191 - 7 324,492 68 6208 SA-CIP 07B TARB BND PRCDS-HSG - - 6300 SA-DS HARBOR 98 TARB 5,323 - - Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

370
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
FY 21-22 Total
Council Agendas
FY 21-22
Modified Total
Direct Cost per
Fund/Department
FY 21-22 Total
FTEs per
Fund/Department
FY 21-22 Total
PO's per
Fund/Departme
nt
FY 21-22 Total
Revenues
Received per
Fund/Department
FY 21-22 Total
Building
Square Footage
FY 21-22
Total
Accounts
Payable
Invoices per
Fund/Departm
ent
6304 SA-DS 2003B TARB 354,455 - - 6305 SA-DS 2004A TARB 2/3 308,044 - - 6306 SA-DS 2004A TARB -1/3 HSING 155,027 - - 6307 SA-DS 2004B TARB - HOUSING 425 - - 6309 SA-DS 2007/10B TARB - HOUSING 1,889 - 963 1 6401 SA-DS 2014A NON-TAXABLE BONDS 474,019 - - 6402 SA-DS 2014B TAXABLE BONDS - - 6403 SA-DS LOANS PAYABLE 576,941 - - 6404 SA-DS 2021A NON-TAXABLE BONDS is new 627,081 - 1 - 1 6405 SA-DS 2021B TAXABLE BONDS is new 17,513 - 1 - 1 6996 SUCCESSOR AGENCY - GLTDAG 108,749 - - 9102 CITY OF RICHMOND - GFAAG 12,626,694 - - AO ALL OTHER - 3 2,138,902 13,028 1,215 Grand Total 381 281,171,029 946 1,418 158,779,398 555,011.00 30,182.00 Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

371
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit

ALLOCABLE BUDGET UNITS
BLDG Building Use
EQUIP Equipment Use
0001-131 City Manager's Office
0001-141 City Clerk
0001-151 City Attorney
0001-171 Finance Administration
0001-172 Accounting
0001-173 Budget/Operating
0001-174 Payroll
0001-175 Treasury/Cash Management
0001-176 Accounts Payable
0001-177 Rev Collection
0001-178 Purchasing
0001-181 Human Resources
0001-232 Facility Maintenance and Administration
0001-235 Equipment Services/Fleet Services
0001-261 Information Technology Administration
0001-262 Telecommunications
0001-263 IT/Mailroom and Duplication, GIS, ERP and Desktop 0001-907, 908 Non-Departmental

RECEIVING BUDGET UNITS
0001-101 OFFICE OF THE MAYOR
0001-105 COUNCIL/CITY COUNCIL DIV
0001-121 POLICE COMMISSION DIV
0001-132 CM-SPCIAL PROJS/ENVIRONMENTAL
0001-163 GF-PLN/CODE ENFORCEMENT (DIV)
0001-191 GF-POLICE ADMIN DIV
0001-192 GF-POLICE-PATROL/CIB
0001-193 GF-POLICE/CRIME PREVENTION
0001-194 GF-POLICE-COPS GRANT
0001-196 GF-POLICE/REGULATORY
0001-197 CAD DISPATCH SYST/COMM POL DIV
0001-199 GF-PARKING ENFORCEMENT DIV
0001-201 GF-FIRE/ADMIN DIV
0001-202 GF-FIRE/SUPRESSN DIV
0001-203 GF-FIRE PREVENTION DIV
0001-204 GF-FIRE/ SUPPORT DIV
0001-205 GF-FIRE/TRAINING DIV
0001-206 GF-FIRE/OF. OF EMS DIV
0001-211 OF. OF NB-HOOD SFTY ADMIN DIV
0001-212 OFF OF N-HOOD SFTY/GRANT ADM
0001-231 GF-PW ADMIN-DIV
0001-233 GF-PRKS&LNDSKP/PRKS (S-DIV)
0001-234 IT GIS
0001-237 GF-I&M/ABATEMENT SVCS (DIV)
0001-238 GF-I&M/CODE ENFORCEMENT (DIV)
0001-239 GF-I&M/PROP/ASSETS MNGT (DIV)
0001-241 GF-LIB&CL SVC/L-ADM DIV
0001-242 GF-LS/REF SVCS(S-DIV)
0001-243 GF-LIB&CL SVCS/LEAP DIV
FY 21-22
Building
Depreciation
per
Fund/Departme
nt
FY 21-22
Equipment
Depreciation
per
Fund/Depart
ment
FY 21-22 Total
Salaries and
Benefits per
Fund/Department
FY 21-22 Number of
IT Units per
Fund/Department
FY 21-22
IT/Mailrm & Dup
Costs
FY 21-22
Salaries and
Benefits per
Fund/Dept
(General Fund
Only)
FY 21-22
Civic
Center/Plaza
FTE per
Fund/Departm
ent, GF Only
FY 21-22 Civic
Center/Plaza
FTE per
Fund/Departm
ent, All Funds
88,952 813,254 8 469 813,254 6 6 11,732 731,393 9 770 731,393 4 4 1,404,441 17 42 1,404,441 10 10 547,458 5 3,678 547,458 6 6 1,009,766 8 1,009,766 8 8 436,347 6 469 436,347 3 3 373,991 5 373,991 4 4 636,732 9 636,732 5 5 104,790 2 104,790 2 2 699,075 7 699,075 15 15 366,486 3 366,486 2 2 1,478,195 17 636 1,478,195 14 14 115,851 4,389,767 20 4,389,767 40 40 1,726,005 12 1,726,005 13 13 345 90,503 726,029 26 182 726,029 4 4 645,960 645,960 5 5 63,814 63,814 1 1 7,272,550 7,272,550
542,180 5 118 542,180 4 4 2,628 459,033 20 23 459,033 13 13 59,259 59,259 -
4 4 - 1,269,406 17 1,269,406 - 153,424 169,868 38,578,672 205 38,578,672 - 86 - - 169,211 5 169,211 - 387,965 387,965 -
434,039 3 434,039 - 3,432,377 3,432,377
197,854 4 197,854 1 1 52,644 74,402 503,390 23 503,390 4 4 22,926,052 22,926,052 -
1,595,024 854 1,595,024 7 7 16 - - 326,877 3 326,877 - 143,334 143,334 -
1,313,872 12 1,313,872 17 17 - -
72,806 157,665 954,404 37 954,404 6 6 25,923 3,304,075 12 3,304,075 - 3,040,905 3,040,905 31 31 1,780,025 2,485 1,780,025 - - -
- -
38,930 3,149,722 4 12 3,149,722 45 45 37 126 - - 875,100 52 875,100 7 7 Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

372
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
0001-244 GF-LIB&CL SVC/P-ART DIV
0001-251 GF-RECREATION ADM DIV
0001-253 CM&NB/BOOKER T CTR (S-DIV)
0001-255 GF-CM TRANSPORTATN OPERATIONS
0001-254 GF-REC/SPCL EVENTS (S-DIV)
0001-256 RECREATION SVCS/AQUATICS
0001-257 RECREATION SVCS/CONVENTION CTR
0001-259 RECREATION SVCS/PLUNGE
0001-260 RECREATION SVCS/CITIES OF SRVC
0001-291 GF-ADMINISTRATIVE SERVICES
0001-292 GF-STREET SWEEPING
0001-361 GF ECON DEV/SP PRJ-ENVIRONMNTL
0001-362 GF ECON DEV/SP PRJ-ENVIRONMNTL
0001-364 GF-ECON DEV/PUBLIC ART DIV
0001-369 GF-ECON DEV/REAL ESTATE (DIV)
0001-371 INTERNAL SERVICES-ADMIN
0001-910 GF-NON-DEPT/CITY FESTIVAL
1001 SECURED PENSION OVERRIDE
1002 STATE GAS TAX
1003 TRANSPORTATION OPERATIONS
1004 ASSET SEIZURE FUND
1005 LIBRARY FUND
1006 OUTSIDE FUNDED SVCS - GRANTS
1007 EMERGENCY MED SERV
1009 VEOLIA MITIGATION
1010 N.RICHMOND WASTE
1012 HILLTOP LANDSCAPE MAINT DIST
1013 FIRE DEPT HAZMAT GRANT
1015 MARINA BAY LNDSCP&LIGHTDIST FD
1017 CHEVRON MODERNIZATN PROJ & CIA
1018 RENT CONTROL
1019 SBI RMRA CAP IMPROVEMENT
1050 CR-PLANNING & BUILDING
1053 CODE ENFORCEMENT-CR
1054 ENGINEERING GRANTS
1055 ENCROACHMENTS SVCS
1200 COR HOUSING ADMINISTRATION
1201 CDBG
1202 HOME PROGRAM
1203 NEIGHBORHOOD STABILIZATION
1205 EMPLOYMENT & TRAINING
1207 NEIGHBORHOOD STAB(CITY)
1208 SUCCESSOR HOUSING AGNCY
1209 CAL-HOME
1301 HOUSING/RENTAL ASSISTANCE PROG
1302 HOUSNG IN LIEU FEE - DEVELOPER
1303 KIDS FIRST INITIATIVE
1304 EMERGENCY OPE & DISASTR RECVRY
1305 PUBLIC ART
1306 AMERICAN RESCUE PLAN ACT
2001 GENERAL CAPITAL FUND
FY 21-22
Building
Depreciation
per
Fund/Departme
nt
FY 21-22
Equipment
Depreciation
per
Fund/Depart
ment
FY 21-22 Total
Salaries and
Benefits per
Fund/Department
FY 21-22 Number of
IT Units per
Fund/Department
FY 21-22
IT/Mailrm & Dup
Costs
FY 21-22
Salaries and
Benefits per
Fund/Dept
(General Fund
Only)
FY 21-22
Civic
Center/Plaza
FTE per
Fund/Departm
ent, GF Only
FY 21-22 Civic
Center/Plaza
FTE per
Fund/Departm
ent, All Funds
- - -
271,077 8,631 1,687,571 115 722 1,687,571 - 34,023 1,015,212 55 1,015,212 - 169,581 171 169,581 - 642,485 10 642,485 - 107,310 319,195 14 319,195 - 422,697 422,697 -
118,576 8,655 296,511 43 296,511 - 221 21,464 189,093 29 189,093 - - -
- -
214,566 4 75 214,566 209,193 11 686 209,193 3 3 160,176 2 160,176 370,426 2 370,426 424,442 48 424,442 - -
- -
- -
465,066 7 16 - - - -
35,423 1,819 - - - -
- -
- -
89 - -
810,559 3 - - - -
778,458 2 - - 361 - -
1,752,251 21 755 - 15 - -
3,520,512 66 805 - 25 - -
- -
496,840 20 - - 89,360 5 - 3 8,747 - -
- -
37,216 - -
2,466,345 60 - 20 - -
143,853 - -
- -
55,824 - -
- - -
42,844 - -
- -
- -
- -
Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

373
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
2002 MEASURE J
2110 IMPACT FEE - PARK
2111 PF IMP FEES-TRAFFIC/ROAD-ENG
2113 IMPACT FEE - FIRE
2114 IMPACT FEE - POLICE
2115 IMPACT FEE - COMM/AQUATC
2116 IMPACT FEE - PARKS/OPEN
2117 IMPACT FEE - LIBRARY
2119 IMPACT FEE - STORM DRAINAGE
2120 IMPACT FEE - WASTEWATER
2125 IRON TRIANGLE/EPA PROGRAMS
2126 COR-HOUSING DEPT CIP FUND
3001 DS - 2005 TAXABLE POB
3002 DS - 99A PENSION OBLIG BOND
3005 DS - 2007 CIVIC CENTER
4001 PORT OF RICHMOND
4003 WASTEWATER
4005 MARINA
4006 STORM WATER
4008 KCRT - CABLE TELEVIS
4101 RHA-HSNG CHOICE VOUCHER-SEC 8
4201 RHA-CAPITAL FUND
4401 RHA-HACIENDA
4404 RHA-NEVIN PLAZA
4405 RHA-NYSTROM VILLAGE
4406 RHA-RICHMOND VILLAGE ONE
4407 RHA-RICHMOND VILLAGE TWO
4408 RHA-RICHMOND VILLAGE THREE
4501 RHA-CENTRAL OFFICE COST CNTR
4502 RHA-HOUSING (RAD) CORPORATION
5001 INSURANCE RESERVES
5003 EQUIPMENT SERVICES
5008 COMPENSATED ABSENCES
6001 GENERAL TRUST & AGENCY
6004 COMMISSION ON AGING
6005 SEAVER GALLERY TRUST FUND
6007 SENIOR TRUST DEPOSIT
6047 CERTBT PLAN FUND
6048 OPEB PLAN TRUST
6049 PT MOLATE PRIVATE-PURPOSE TRST
6050 GENERAL PENSION FUND
6051 POLICE & FIRE PENSION
6052 GARFIELD PENSION FUND
6058 MARINA WESTSHORE DEB
6059 COUNTRY CLUB VISTA
6060 REASSESSMENT DISTRICT 2003-1
6101 SA-PROPERTY TAX TRUST FUND
6102 SA- ADMINISTRATION
6103 SA - CAPITAL PROJECT FUNDS
6208 SA-CIP 07B TARB BND PRCDS-HSG
6300 SA-DS HARBOR 98 TARB
FY 21-22
Building
Depreciation
per
Fund/Departme
nt
FY 21-22
Equipment
Depreciation
per
Fund/Depart
ment
FY 21-22 Total
Salaries and
Benefits per
Fund/Department
FY 21-22 Number of
IT Units per
Fund/Department
FY 21-22
IT/Mailrm & Dup
Costs
FY 21-22
Salaries and
Benefits per
Fund/Dept
(General Fund
Only)
FY 21-22
Civic
Center/Plaza
FTE per
Fund/Departm
ent, GF Only
FY 21-22 Civic
Center/Plaza
FTE per
Fund/Departm
ent, All Funds
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
27,912 - -
- -
- -
- -
- -
362,060 5 - - 1,403,343 39 269 - 8 - -
46,923 5 - - 790,231 71 - - 12 - - - -
14,882 - -
338,079 - -
195,462 - -
10,807 - -
- -
- -
205,665 - 4
- -
985,214 1 - - - -
2,431,615 - -
- -
379 - -
- -
44 - -
294,798 - -
7,272,797 - -
- -
371,727 - -
1,119,740 - -
51,807 - -
- -
- -
- -
- -
204,494 - -
48,613 - -
- -
- -
Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

374
City of Richmond
TITLE 2 CFR 200 Cost Allocation Plan
Source Cost Data from Fiscal Year 2021-2022 Actual Expenditures Budget Unit
6304 SA-DS 2003B TARB
6305 SA-DS 2004A TARB 2/3
6306 SA-DS 2004A TARB -1/3 HSING
6307 SA-DS 2004B TARB - HOUSING
6309 SA-DS 2007/10B TARB - HOUSING
6401 SA-DS 2014A NON-TAXABLE BONDS
6402 SA-DS 2014B TAXABLE BONDS
6403 SA-DS LOANS PAYABLE
6404 SA-DS 2021A NON-TAXABLE BONDS is new
6405 SA-DS 2021B TAXABLE BONDS is new
6996 SUCCESSOR AGENCY - GLTDAG
9102 CITY OF RICHMOND - GFAAG

AO ALL OTHER
Grand Total
FY 21-22
Building
Depreciation
per
Fund/Departme
nt
FY 21-22
Equipment
Depreciation
per
Fund/Depart
ment
FY 21-22 Total
Salaries and
Benefits per
Fund/Department
FY 21-22 Number of
IT Units per
Fund/Department
FY 21-22
IT/Mailrm & Dup
Costs
FY 21-22
Salaries and
Benefits per
Fund/Dept
(General Fund
Only)
FY 21-22
Civic
Center/Plaza
FTE per
Fund/Departm
ent, GF Only
FY 21-22 Civic
Center/Plaza
FTE per
Fund/Departm
ent, All Funds
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
75 - - 991,129.05 634,500.80 141,869,449.89 1,220.00 16,255.42 114,989,981.69 280 355 Prepared by NBS for the City of Richmond
Fiscal Year 2023-24
C

375
Prepared by NBS for the City of Richmond

EXHIBIT B
Title 2 CFR 200 Cost Allocation Plan Certificate
376
377
Prepared by NBS for the City of Richmond
Organizational Chart

EXHIBIT C
378
379

November 7, 2023

City Attorney's Office

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Subject:

Settling Guidiville Rancheria of California, et al v. United States of America, et al.

FINANCIAL IMPACT: The settlement amount of $75,000 will be paid using account string 01917090-400336.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

A dispute has arisen among the Parties over how the net revenues received by the City should be calculated
pursuant to the terms of the Amended Judgment. The
Parties now wish to settle this dispute by the City paying $75,000 with commencement of Tribe/Upstream control
to avoid protracted litigation over the terms of the
Amended Judgment
RECOMMENDED ACTION:

APPROVE the proposed settlement agreement in
Guidiville Rancheria of California, et al. v. United States of America, et al. for a total settlement amount of $75,000 – City Attorney’s Office (Dave Aleshire 510-620-6509).

DISCUSSION:

In March 2012, Tribe/Upstream filed a lawsuit alleging material breach of various agreements related to Tribe/Upstream’s right to develop and purchase the Point Molate property from the City. On November 21, 2019, the Court entered an Amended Judgment in that action, amending its earlier Judgment of April 2018. The Amended AGENDA
REPORT
380

November 7, 2023

Judgment included a revenue sharing mechanism among the Parties. Specifically, under that mechanism the City would control the Property for a specified four-year window of time during which the City would share certain net revenues collected in connection with its control of the Property on a fifty-fifty basis with Tribe/Upstream.

Thereafter, Tribe/Upstream would control the Property for five (5) years and would similarly share net revenues on a fifty-fifty basis with the City.

The period of City control of the Property ended and the period of Tribe/Upstream control commenced on August 29, 2022. A dispute arose regarding how the net revenues (totaling $400,000) received by the City should be calculated pursuant to the terms of the Amended Judgment. The Parties now wish to settle this dispute with commencement of Tribe/Upstream control to avoid protracted litigation over the terms of the Amended Judgment, thereby avoiding the uncertainty and costs of further litigation, including potential appeals and resolving all current disputes between the Parties concerning the Amended Judgment.

The City is settling this dispute for less than one-half of the net revenues by paying the Tribe/Upstream seventy-five thousand dollars ($75,000). By entering into the attached Settlement Agreement, no Party admits liability for the claims arising from the Amended Judgment.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Settlement Agreement

381

01337.0021/921214.2

SETTLEMENT AGREEMENT AND LIMITED UNILATERAL RELEASE OF CLAIMS

This SETTLEMENT AGREEMENT AND LIMITED RELEASE OF CLAIMS (“Settlement Agreement”) is entered into by and between the following entities: Point Molate Futures, LLC, owner of the following described property; Plaintiffs The Guidiville Rancheria of California, a federally recognized Indian tribe , and Upstream Point Molate LLC , a California limited liability corporation (the three foregoing entities together, “Tribe/Upstream”), and Defendant the City of Richmond (“City”) (collectively, Tribe/Upstream and the City are referred to as “Parties,” or singularly each a “Party”), to settle fully and finally all current disputes between the Parties arising out of, or related to, only the City’s obligation to date to pay 50% of Revenues received by City, pursuant to Paragraph 23 of the Amended Judgment, filed November 21, 2019 (“Amended Judgment”), in the matter of Guidiville Rancheria of California, et al. v. United States of America, et al. (United States District Court, Northern District of California, Case No. CV 12- 1326), the (“Action”).

RECITALS
WHEREAS, in March 2012, Tribe/Upstream filed the above-referenced Action alleging material breach of various agreements related to Tribe/Upstream’s right to develop and purchase the Point Molate property (the “Property”) from the City . On November 21, 2019 , the Court entered an Amended Judgment in that Action, amending its earlier Judgment of April 2018. The Amended Judgment included a revenue sharing mechanism among the Parties. Specifically, under that mechanism the City would control the Property for a specified four-year window of time during which the City would share certain net revenues collected in connection with its control of the Property on a fifty-fifty basis with Tribe/Upstream. Thereafter, Tribe/Upstream would control the Property for five (5) years and would similarly share net revenues on a fifty-fifty basis with the City.

WHEREAS, the period of City control of the Property ended and on August 29, 2022 the period of Tribe/Upstream control commenced and a dispute has arisen among the Parties over how the Net Revenues received by the City should be calculated pursuant to the terms of the Amended Judgment. T he Parties now wish to settle this dispute with commencement of Tribe/Upstream control to avoid protracted litigation over the terms of the Amended Judgment , thereby avoiding the uncertainty and costs of further litigation, including potential appeals therefrom, and resolving fully and finally all current disputes by and between the Parties concerning the Amended Judgment.

WHEREAS, by entering into this Settlement Agreement no Party admits liability for the claims arising from the Amended Judgment. The Parties’ mutual agreement to settle the current dispute shall not be construed in any manner as an admission of any liability by any Party.

NOW, THEREFORE, based upon the foregoing recitals and the terms, conditions, covenants, and agreements contained herein, the Parties agree as follows:

382

01337.0021/921214.2 2

AGREEMENT

In consideration of the facts, acknowledgements, agreements, general release, and promises contained in this Settlement Agreement, and for other good and valuable consideration, the receipt of which is acknowledged by each Party hereto, the Parties promise and agree as follows:

1. Recitals. The preceding recitals are hereby incorporated and made part of this Settlement Agreement.

2. Settlement Payments. The Parties agree to settle the current dispute as follows (“Settlement Payments”):Following execution of this Settlement Agreement by the Parties, the City shall pay to Tribe/Upstream the total sum of seventy-five thousand dollars ($75,000) within thirty (30) calendar days of executing this Settlement Agreemen t, provided that Tribe/Upstream deliver to the City, within twenty (20) calendar days of executing this Settlement Agreement, wire instructions to a Tribe/Upstream bank account available to receive the funds.

The Settlement Payment above shall be in full consideration, compromise, and settlement of any and all currently disputed claims between the Parties arising out of, or related to, only the City’s obligation to date to pay 50% of Revenues received by City to date, pursuant to Paragraph 23 of the Amended Judgment.

3. Limited Unilateral Release (“Release”). For good and valuable consideration, including, but not limited to, the delivery of Settlement Payments due, the adequacy of which are hereby acknowledged, Tribe/Upstream do hereby fully and irrevocably release and forever each discharge the City, including the current and former employees, officials, agents, or representatives, or any of the them (“Releasees”), of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agre ements, promises, liability, claims, demands, damages, loss, costs or expenses, of any nature whatsoever, known or unknown, fixed or contingent (“Claims”), which Tribe/Upstream now has or may hereafter have against the City by reason of any matter, cause, or thing whatsoever arising out of, or related to, only the City’s obligation to date to pay 50% of Revenues received by City to date, pursuant to Paragraph 23 of the Amended Judgment. This is a limited release only, and operates only to release the City from liability for c laims related to its obligation pay Revenues to date as set forth hereinabove. The Tribe/Upstream reserve the right to assert any other claims against the City that either of them may have now or in the future relating to any obligations of the City under the Amended Judgment, other than the obligation to have paid Revenues to the Tribe/Upstream before the City transferred title of the property to Point Molate Futures, LLC.

4. Effective Date. The Release as set forth above shall be effective as of the last date of the execution of this Settlement Agreement by the Parties.

5. Discovery of Different or Additional Facts. The Parties acknowledge that they may hereafter discover facts different from or in addition to those that they now know or believe to be true with respect to the claims, demands, causes of action, obligations, damages, and liabilities of any nature whatsoever that are the subject of the Limited Release set forth in Paragraph 4 of this Settlement Agreement, and expressly agrees to assume the risk of the possible 383

01337.0021/921214.2 3
discovery of additional or different facts, and the Parties agree that this Settlement Agreement shall be and remain effective in all respects regardless of such additional or different facts.

6. Non-Admission of Liability . The Parties acknowledge and agree that this Settlement Agreement is a settlement of disputed claims. Neither the fact that the Parties have settled no r the terms of this Settlement Agreement shall be construed in any manner as an admission of any liability by the Parties and/or the Releasees, all of whom have consistently taken the position that they have no liability whatsoever.

7. No Assignment of Claims . The Parties warrant that neither has made an assignment, and will make no assignment, of any claim, cause of action, right of action or any right of any kind whatsoever, embodied in any of the claims and allegations referred to herein, and that no other person or entity of any kind had or has any in terest in any of the demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, attorney’s fees, costs, expenses, losses or claims referred to herein.

8. Successors and Assigns. This Settlement Agreement, and all the terms and provisions hereof, shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns.

9. Knowing and Voluntary . This Settlement Agreement is an important legal document and in all respects has been voluntarily and knowingly executed by the Parties hereto.

The Parties acknowledge that this Settlement Agreement was jointly prepared by them, by and through their respective legal counsel. The Parties further represent that they have each carefully read and fully understand all the provisions of this Settlement Agreement, and that they are voluntarily, knowingly, and without coercion entering into this Settlement Agreement based upon their own judgment.

10. Assistance of Counsel . The Parties each specifically represent that th ey have consulted to their satisfaction with and received independent advice from their respective counsel prior to executing this Settlement Agreement concerning the terms and conditions of this Settlement Agreement.

11. Counterparts. This Settlement Agreement may be executed in multiple counterparts, each of which shall be considered an original but all of which shall constitute on agreement.

12. Severability. Should any portion, word, clause, phrase, sentence or paragraph of this Settlement Agreement be declared void or unenforceable, such portion shall be considered independent and severable from the remainder, the validity of which shall remain unaffected.

13. Waiver. Failure to insist on compliance with any term, covenant or condition contained in this Settlement Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power contained in this Settlement Agreement at any one time or more times be deemed a waiver or relinquishment of any right or power at any other time or times.
384

01337.0021/921214.2 4

14. Governing Law and Venue. This Agreement is made and entered into in the State of California, and shall in all respects be interpreted, enforced and governed under the laws of said State without giving effect to conflicts of laws principles. Any action to enforce, invalidate, or interpret any provision of this agreement shall be brought in the United States District Court, Northern District of California.

22. Entire Agreement. This Settlement Agreement constitutes the entire agreement between the Parties who have executed it supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied between the Parties to this Settlement Agreement regarding Claims arising out of, or related to, only the City’s obligation to date to pay 50% of Revenues received by City to date, pursuant to Paragraph 23 of the Amended Judgment. The Amended Judgment otherwise remains in full force and effect.

No representation, inducement, promise, agreement or warranty not contained in this Settlement Agreement, including, but not limited to, any purported supplements, modifications, waivers, or terminations of this Settlement Agreement shall be valid or binding, unless executed in writing by all of the Parties to this Settlement Agreement.

15. Authority to Execute. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (a) the Party on which behalf it is executing is duly organized and existing, (b) such person is duly authorized to sign and deliver this Agreement on behalf of th e Party he or she represents, (c) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, (d) the entering into of this Agreement does not violate any provision of any other agreement to which such Party is bound and (e) there is no litigation or legal proceeding which would prevent such Party from entering into this Agreement.

[Signatures on following page]

385

01337.0021/921214.2 5
IN WITNESS WHEREOF, the undersigned execute this Settlement Agreement and Release of All Claims, consisting or a total of seven (7) pages, on the dates set forth below. The Effective Date shall be deemed to be the _____ day of _______________, 2023.

Dated: November _____, 2023 The Guidiville Rancheria of California

By: __________________________________
Dated: November _____, 2023 Upstream Point Molate LLC

By:___________________________________
_________________________________
Dated: November _____, 2023 City of Richmond

By:__________________________________
Attest:

____________________________________

APPROVED AS TO FORM:

Dated: November ______, 2023 O’KEEFE & O’KEEFE LLP

By: ______________________________
Garet D. O’Keefe
Attorney for Plaintiffs

Dated: November ______, 2023 ALESHIRE & WYNDER, LLP

By: ______________________________
David Aleshire
Attorney for Defendant
386

cc19Sep2023 – sl

RICHMOND, CALIFORNIA, September 19, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:04 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Vice Mayor Gayle McLaughlin, Cesar Zepeda, and Mayor Eduardo Martinez. Absent:

Councilmember Melvin Willis was absent for the entire Closed Session.

C. CLOSED SESSION
C.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: Metro Walk Phase II at Richmond Transit Village Agency Negotiators: Lina Velasco and Nannette Beacham
Negotiating Parties: Pacific West Communities, Inc., San Francisco Bay Area Rapid Transit District
Under negotiation: Price and terms of payment (12th Amendment/Disposition and Development Agreement)
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Richmond Shoreline Alliance v. City of Richmond
• Hilltop v. City of Richmond
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • One Case
C.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• Three Cases
387

cc19Sep2023 – sl

D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public speakers.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:06 p.m. Closed Session adjourned at 6:30 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:36 p.m. by Mayor Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Mayor Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent:

Councilmember Melvin Willis was absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated a conflict of interest for Item Q.3.b (contracts to lead the implementation of a portion of Richmond Rising's Transformative Climate Communities projects).

J. AGENDA REVIEW
Vice Mayor McLaughlin stated that Item S.2 (wildfire prevention memorandum of understanding [MOU]) would only be to receive a presentation because the MOU required revisions.

Councilmember Bana suggested that Item S.4 (presentation from Bay Area Metro Group) be continued to the September 26, 2023, City Council meeting as the first item under new business.

Item N.1 (proclamation honoring the memory of Richard "Pedie" Perez III) was moved before Item M, immediately following the report from the city manager.

Item Q.6.c (request to attend a conference in Texas) and Item Q.8.a (contract amendment with Flock Group, Inc.) were continued to the October 3, 2023, City Council meeting.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (real property negotiations for Metro Walk) a status report was provided and directions were given for further negotiations.

Item C.2 (labor negotiations) a status report on the bargaining units was provided and directions were given for further negotiations.

Item C.3 (existing litigations) was not discussed.

Item C.4 (anticipated litigation, significant) a status report was given and there was no reportable action taken.

Item C.5 (anticipated litigation, initiation) was not discussed.

388

cc19Sep2023 – sl

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following events for the month of September 2023: Mexican flag raising at Richmond City Hall; Iron Triangle and Atchison Village neighborhood dumpster day; Roller Disco Party at Unity Park; National Drive Electric Vehicle and eBike event; Bayview Branch Library film series; Ya Basta y Sin Miedo/Enough is Enough benefit concert; and 49ers youth PREP co-ed flag football.

L.1 NEW EMPLOYEE REPORT
Interim Director of Human Resources Sharrone Taylor announced the hiring of twenty-two employees during the months of June through September 1, 2023.

The new hires included new division heads in the Library and Public Works; a new Finance Director; and six new hires in the Police Department. Discussion ensued. The council requested the number of vacancies; and additional groundskeeper positions to maintain the bay trail along Marina Bay.

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Vice Mayor McLaughlin introduced representatives from the Public Bank East Bay (PBEB) to announce the hiring of the PBEB's new Chief Executive Officer Scott Waite.

The PBEB's Board Co-Chair Jennifer Esteen gave an overview of the PBEB and introduced Mr. Waite. Mr. Waite gave an overview of his role and the PBEB's vision and mission.

Councilmember Jimenez acknowledged the city's Employment and Training Division and Literacy for Every Adult Program (LEAP) for providing a math review class to help residents pass the plumbers examination. Councilmember Jimenez announced that LEAP formed a new partnership with the Richmond Michelle Obama Elementary School to provide English as a second language to parents.

Councilmember Robinson urged residents to get involved with their Neighborhood Councils. Councilmember Robinson expressed residents concerns regarding vehicle "donuts" activity at intersections and the need for short-term solutions. Councilmember Robinson commended the Police Department for its community policing.

Councilmember Robinson advised that a community meeting was being organized by the Pullman Neighborhood Council regarding the International Hotel destroyed by fire.

Councilmember Zepeda acknowledged staff for their outstanding work, specifically the Public Works staff for their heroic efforts in rescuing a person from a burning vehicle.

Councilmember Zepeda announced that Coastal Cleanup Day was on September 23, 2023, and urged the community to participate at the Hilltop Lake. Councilmember Zepeda also announced that the Point Richmond Neighborhood Kermes fundraising event for Washington School was on September 22, 2023.

Councilmember Bana acknowledged the staff and community members who attended the El Sobrante Stroll event on September 17, 2023. Councilmember Bana invited the community to the Violence Against Women free concert on September 30, 2023.

Councilmember Bana reminded the community that women's rights were being attacked all over the world. Councilmember Bana gave closing remarks regarding Iran's revolution for women's rights and welcomed diplomacy.
389

cc19Sep2023 – sl

Vice Mayor McLaughlin announced that she accepted an invitation from a group of Iranian-American women in her neighborhood to speak at an event in support of the Women, Life, Liberty Movement event.

N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Honoring the Memory of Richard "Pedie" Perez III
PROCLAMATION honoring the life of Richard “Pedie” Perez, III; and APPROVE an art project to include two decorative refuse receptacles - Mayor Eduardo Martinez (510-620-6503), Councilmembers Soheila Bana (510-620- 6743) and Melvin Willis (510-412-2050).

Mayor Martinez and Councilmember Bana presented said proclamation to the Perez family declaring September 14, 2023, as a day of remembrance for Richard "Pedie" Perez III. Chief of Police Bisa French announced that the Police Department's Cultural Competency Training was expanded to include Pedie Perez's story. Members of the Perez family and the council gave comments. The following individuals gave comments in person: Shawn Dunning, Emily Ross, and Tarnell Abbott. Mayor Martinez announced that in addition to the decorative refuse receptacles, there were future plans for a bench and mural to celebrate the life of Pedie Perez. Mayor Martinez acknowledged the artist, John Toki, for his work.

O. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Reimagining Public Safety Community Task Force member, Jamin Pursell, presented a PowerPoint that highlighted the following: takeaways and forum report for the Community Summit held June 3, 2023; emergency services; Community Crisis Response Program implementation and Community Advisory Board; and task force meetings schedule and location.

P. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remained on the Consent Calendar or items that were not on the agenda – were limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council was prohibited)
The following individuals gave comments in person:

Don Gosney expressed concerns regarding different public comment guidelines for in- person and teleconference (Zoom) speakers at City Council meetings. Mr. Gosney requested an extension of time to submit in-person speaker cards or require the same regularity for Zoom speakers.

Mark Wassberg gave comments against proposed reparations for descendants of enslaved African Americans, the Black Lives Matter Movement, retail theft, looting, and violence.

Wesley Alexander encouraged the council to allocate American Rescue Plan Act funding to staff the city for community services and provide economic relief to small businesses.

Jamin Pursell announced that the California State Legislature voted to end its travel ban to states with anti-LGBT (lesbian, gay, bisexual, transgender) laws. Mr. Pursell implored the council to develop a new travel ban that included states with abortion bans and other issues that affected the LGBT community.

Tarnell Abbott advised that the Zeneca Campus Bay project developer had not been able to fulfill its financial assurance obligation to the state agency. Ms. Abbott urged the council to seek a way to release the city from the development agreement. Ms. Abbott expressed concerns that costs not covered by the financial assurance may become a 390

cc19Sep2023 – sl

liability to taxpayers. Ms. Abbott stated that highly toxic material remained at the site leaching and plumming along Richmond's shoreline.

Mayor Martinez acknowledged city staff and the council for their hard work and the public for its engagement in the civic process. Mayor Martinez challenged councilmembers, considering the late hour, to make the meeting run faster and smother by limiting their comments.

Q. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Zepeda
Seconded by Councilmember Bana
To approve all items on the Consent Calendar except items Q.6.c and Q.8.a.

Councilmember Robinson was recused from Item Q.3.b.

Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez Absent (1): Councilmember Willis
Passed (6 to 1)

Q.1 City Attorney's Office
Q.1.a Settling the Fourth Cause of Action in Richmond Shoreline Alliance et al. vs. City of Richmond (Campus Bay)
APPROVE the proposed settlement agreement and implement enhanced public hearing procedures - City Attorney’s Office (Dave Aleshire 510- 620-6509).

Q.2 City Council
Q.2.a Resolution in Support of AB 309, Sponsored by Assembly Member Alex Lee
DIRECT staff to send a letter of support to Anthony J. Portantino, Chair of the Senate Appropriations Committee for AB 309 sponsored by Assembly Member Alex Lee to support social housing - Councilmember Claudia Jimenez (510-620-6565).

Q.2.b Proclamation Recognizing October as Domestic Violence Awareness Month
PROCLAMATION recognizing October as Domestic Violence Awareness Month and proclaiming domestic violence against women as a public safety issue - Mayor Eduardo Martinez (510-620-6503) and Councilmember Soheila Bana (510-672-3490).

Q.3 Community Development
Q.3.a Sole-Source Contract with CSW/ST2 for Miraflores Interpretative Signage and Rehabilitation Plans for Historic Resources
APPROVE a sole-source contract with CSW/ST2 for a not-to-exceed amount of $217,323, for a term ending December 31, 2025, for 391

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professional design services for the interpretative signage at the Miraflores Sustainable Greenbelt, including the preparation of bid documents for the rehabilitation of the historic resources – Community Development Department (Lina Velasco 510-620-6841).

Q.3.b Contracts with GRID Alternatives, Groundwork Richmond, and the Trust for Public Land to lead implementation of a portion of Richmond Rising’s TCC Projects
APPROVE three sole-source contracts with named grant co-applicants: 1) $1,088,012.75 with Groundwork Richmond, 2) $7,741,970.91 with GRID Alternatives, and 3) $4,816,153.60 for Trust For Public Land, 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 beginning August 23, 2023, and ending December 31, 2028 – Community Development Department (Lina Velasco/Samantha Carr 510- 620-6706).

Councilmember Robinson was recused from this matter.

Q.4 Economic Development
Q.4.a Make Green Go, LLC Contract and SCI Consulting Group Contract Amendment
APPROVE a contract with Make Green Go, LLC. in an amount not to exceed $121,000, to provide direct technical assistance for the City’s Cannabis Equity Program, for a term beginning September 20, 2023, and ending on December 31, 2025; APPROVE a fifth contract amendment with SCI Consulting Group in an amount not to exceed $25,000 to support the implementation and management of the Cannabis Equity Program, for a term ending on December 31, 2025; and AUTHORIZE the Directors of Community Development and Economic Development to negotiate and approve additional scope(s) of work, if necessary, for additional amounts not to exceed $60,000, for each contract respectively – Economic Development Department (Nannette Beacham 510-621-1306).

Q.5 Finance Department
Q.5.a Investment and Cash Balance Report and Monthly Overtime Reports for the month of July 2023
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of July 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

Q.5.b Investment and Cash Balance Report and Monthly Overtime Reports for the month of June 2023
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of June 2023 – Finance Department (Nickie Mastay/Mubeen Qader 510-412-2077).

Q.5.c Fiscal Year 2023-24 through Fiscal Year 2026-27 Authorized Broker, Dealer List for the City's investment portfolio
ADOPT a resolution updating the City’s Authorized Broker/Dealer list to reflect current broker/dealers that offer the City investment instruments in 392

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accordance with Government Code Section 53601 – Finance Department (Nickie Mastay/Andrea Miller 510-620-6790).

Adopted Resolution No. 94-23
Q.6 Library and Community Services
Q.6.a Grant-Funded Contract with Association for Energy Affordability (AEA) to Provide Building Energy Efficiency Training
APPROVE a contract with the Association for Energy Affordability to provide training and certifications on high-performance building energy efficiency classes in an amount not to exceed $16,000, for a term commencing on September 13, 2023, and ending June 30, 2026, with two one-year time-only extension options – Community Services Department (Tamara Walker 510-307-8006/ Fred Lucero 510-621-1562).

Q.6.b Grant-Funded Contract with NET Electric to Provide Classes on the Installation of Electric Vehicle Charging Stations and Solar Power APPROVE a contract with NET Electric to provide training and certification on the installation of electric vehicle charging stations and solar power in an amount not to exceed $32,000, for a term commencing on September 20, 2023, to June 30, 2026, with two one-year time only extension options – Community Services Department (Tamara Walker 510-307-8006 / Fred Lucero 510-621-1562).

Q.6.c Request to Attend the National Recreation and Parks Association Conference in Dallas, Texas
APPROVE travel requests for Ranjana Maharaj, Deputy Director for Community Services-Recreation; Tetteh Kisseh, Recreation Supervisor; Jene Levine-Snipes, Development Project Manager, and Hope Lattell, Finance Manager, to attend the National Recreation and Parks Association conference in Dallas, Texas from October 9 to October 12, 2023 – Community Services Department (LaShonda White 510-620-
6828/Ranjana Maharaj 510-620-6972).

Continued to October 3, 2023, City Council meeting.

Q.6.d Sole-Source Contract with Charleston Mobility, LLC for Electric Bikeshare Operations
APPROVE and APPROPRIATE $1,112,553.98 from the allocated Environmental and Community Investment Agreement (ECIA) Transportation grant fund to support the citywide electric bikeshare program expansion, which includes a grant match to perform eBike share duties related to the Richmond Rising Transformative Climate Communities Grant; and APPROVE a sole-source contract with Charleston Mobility LLC for bikeshare program operations in an amount not to exceed $2,162,857.18 (includes a five percent or $102,993.20 contingency for unforeseen expenses) and a contract term commencing September 19, 2023, through September 19, 2028 – Community Services Department (LaShonda White/ Denée Evans 510-621-1718).

Q.7 Mayor's Office
Q.7.a Participation in the Collaboration or Innovation Track of the Bloomberg Harvard City Leadership Initiative
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APPROVE the participation of City staff in the Collaboration Track of the Bloomberg Harvard City Leadership Initiative — Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

Q.8 Police Department
Q.8.a First Contract Amendment with Flock Group, Inc. to Add Additional Cameras Throughout the City
APPROVE a first contract amendment with Flock Group, Inc. in the amount of $748,500, including a $13,000 contingency, for a new total contract amount not to exceed $998,100, for additional cameras to be installed and replaced throughout the City, for the term ending February 28, 2026 – Police Department (Chief Bisa French 510-621-1802).

Continued to the October 3, 2023, City Council meeting.

Q.8.b Contract with RF Contractors for Carpet Installation APPROVE a Construction Agreement in an amount not to exceed $101,201.30 for carpet installation with RF Contractors during the period September 19, 2023, through June 30, 2024; and APPROPRIATE funding in a total amount not to exceed $101,201.30 – Police Department (Chief Bisa French 510-621-1802).

Q.8.c Service Agreement with Contra Costa County District Attorney's Office to Continue the Community-based Prosecution Program
APPROVE a sole-source agreement with the Contra Costa County District Attorney's Office for the dedicated services of a deputy district attorney who would be specifically assigned as Richmond's Community-based Prosecutor, in an amount not to exceed $300,000, with a three-year term commencing July 1, 2023, and ending June 30, 2026 - Police Department (Chief Bisa French 510-621-1802).

Q.8.d Three-Year Grant-funded Contract with Pinnacle Training Systems, LLC for Police Officer Health and Wellness Reviews
APPROVE a three-year contract in the amount of $72,000 between Richmond Police Department and Pinnacle Training Systems, LLC for on- site health and wellness services for the period beginning September 19, 2023, through July 31, 2026 – Police Department (Bisa French/510-621- 1802).

Q.9 Public Works
Q.9.a Proposed Contract for On-Call Fencing Service on an As-Needed Basis ADOPT a resolution awarding an on-call contract for fencing services on an as-needed basis with Paine Construction, Inc. in an amount not to exceed $500,000, for a three-year term beginning September 12, 2023, through June 30, 2026, with two optional one-year extensions, for an additional amount not to exceed $300,000 for the additional two one-year periods – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

Adopted Resolution No. 95-23
Q.9.b Contract with Red Door Upholstery
APPROVE a contract with Red Door Upholstery in a total amount not to exceed $30,000, including the low bid of $24,960 plus a $5,040 394

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contingency, to reupholster 126 City Council chairs and four sofas, with a term beginning September 12, 2023, and ending September 12, 2024 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).

R. PUBLIC HEARINGS
R.1 Levying of Special Assessments for Fines and Costs related to Unpaid Administrative Citations, Nuisance Abatements and Foreclosure Ordinance Fines
HOLD a public hearing; and ADOPT a resolution authorizing the City of Richmond to levy special assessments against certain properties with unpaid invoices related to administrative citations, nuisance abatement costs, and foreclosure ordinance fines pursuant to Richmond Municipal Code Chapters 2.63,

6.38, 9.22 and 11.76 – Community Development Department (Lina Velasco/Eva Mann 510-621-1283).

Deputy City Clerk Ursula De Loa announced that it was time, pursuant to public notice, to hold a public hearing. Director of Community Development Lina Velasco introduced the matter. Code Enforcement Manager Eva Mann presented a PowerPoint that highlighted the following: fee types; noticing process; changes to levy list; and next steps. Discussion ensued. The council expressed concerns regarding financial support options for property owners. The council requested staff to make certain liens were not leading to homelessness; and the percentages of commercial rental properties and primary owner-occupied residences on the lien list. Mayor Martinez declared the public hearing opened. Yar Mohamed and Lionel Jones gave comments in protest in person. Lorraine Pitre gave comments in protest via teleconference. Mayor Martinez closed the public hearing. Further discussion ensued.

Motion by Councilmember Jimenez
Seconded by Councilmember Bana
To approve said lien list with the removal of primary residence owners and property owners that protested for further investigation, and return to council for consideration at a future meeting.

Ayes (6): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Absent (1): Councilmember Willis
Passed (6 to 1)

S. NEW BUSINESS
S.1 Sea Level Rise and Shoreline Development
RECEIVE a presentation from Jessica Fain, Director of Planning, San Francisco Bay Conservation and Development Commission, on sea level rise preparation, shoreline development, and BCDC regulations - Councilmember Soheila Bana (510-620-6743). This item was continued from the September 12, 2023, meeting.

San Francisco Bay Conservation and Development Commission (BCDC) Director of Planning Jessica Fain presented a PowerPoint that highlighted the following:

BCDC's past and future; predictions and impacts of sea level rise; regional solutions; Bay Adapt consensus-driven strategy; funding and investment 395

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framework; projects; and next steps. Discussion ensued. The council expressed concerns regarding the following: the lack of a Richmond advocate in the Bay Adapt Leadership Advisory Group; and sources for remediation funding. The council requested more information regarding grant opportunities. Jamin Pursell gave comments in person. Alix Mazuet and Sally Tobin gave comments via teleconference.

S.2 Wildfire Prevention Memorandum of Understanding (MOU) RECEIVE a presentation; and ADOPT a resolution authorizing the City of Richmond to enter into a Memorandum of Understanding (MOU) among jurisdictions in the East Bay Hills to form a wildfire coordinating group to improve regionwide collaboration on wildfire mitigation activities and reduce wildfire risk throughout the East Bay Hills – Vice Mayor Gayle McLaughlin (510-620-6636). This item was continued from the September 12, 2023, meeting.

Vice Mayor McLaughlin introduced the matter and advised that only a presentation would be given. The proposed resolution and Memorandum of Understanding (MOU) required revision and would be considered at a future meeting. Oakland Fire Safe Council Secretary and Co-Chair of the Community Organizing Group, Lisa Jacobs, presented a PowerPoint that highlighted the following: guiding principles; opportunities for wildfire prevention coordination and efforts; work to date; working group members; funding partners; MOU overview; and next steps. Discussion ensued.

S.3 Fiscal Year 2022-2023 City-Wide Accomplishments
RECEIVE a presentation from the city manager on the Fiscal Year 2022-2023 City-wide accomplishments – City Manager’s Office (Shasa Curl 510-620-6512).

This item was continued from the July 11, 2023, and September 12, 2023, meetings.

Continued to the September 26, 2023, City Council meeting.

S.4 Presentation from the Bay Area Metro Group on Local Government Services - Metropolitan Transportation Commission and the Association of Bay Area Government.

RECEIVE a presentation from Bay Area Metro Group on Local Governments Services through Metropolitan Transportation Commission (MTC) and the Association of Bay Area Government (ABAG) - Councilmember Soheila Bana (510-672-3490).

Continued to the September 26, 2023, City Council meeting.

T. ADJOURNMENT
There being no further business, the meeting adjourned at 10:04 p.m., to meet again on September 26, 2023, at 6:30 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor

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RICHMOND, CALIFORNIA, September 26, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
_____________________________________________________________________ A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:32 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: None.

C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Hilltop v. City of Richmond
 Winehaven Trust v. City of Richmond
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 Three Cases
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public speakers.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:34 p.m. Closed Session adjourned at 6:32 p.m.

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F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:37 p.m. by Mayor Eduardo Martinez.

G. PLEDGE OF ALLEGIANCE
Mayor Eduardo Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Deputy City Clerk Ursula De Loa made the following announcements:

A correction was made to Item P.1.a (acceptance of Brickyard Cove Road dedication pursuant to recorded infrastructure agreements). The dollar amount was changed from $261,220 to $300,000.

There was no report from the Chief of Police.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (labor negotiations) a status report was given and there was no reportable action taken.

Item C.2 (existing litigation) a status report was given for both matters and there were no reportable actions taken.

Item C.3 (anticipated litigation) a status report was given on two cases and there was no reportable taken. The third case was not discussed.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following events in September 2023: City Council special meeting regarding goals and objectives; Contra Costa and Solano Food Bank distribution; National Drive Electric Vehicle and eBike event; Storytime Strolls at Regional Parks; Enough is Enough benefit concert; and the 15th Annual Spirit and Soul Festival.

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Vice Mayor McLaughlin announced the following events scheduled for September 30, 2023: a ground-honoring event for the city's first tiny house village farm and garden at 175 23rd Street; and a memorial bench dedication for Carol Teltschick, a former Richmond Planning Commissioner, and advocate for preserving Point Molate.

Councilmember Willis acknowledged the Public Works Department for the traffic speed bumps installed on Esmond Avenue between 24th and 26th streets near Wendell Park.

Councilmember Willis recommended the next project for the area was to turn on the lighting near the park.
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Councilmember Bana acknowledged the Public Works Department for assistance with the Enough is Enough free outdoor concert scheduled for September 30, 2023.

Councilmember Bana advised that the performers of the concert were survivors of domestic violence from the Richmond Latina Center and other artists in the community.

Councilmember Bana announced that the Greenbriar East neighborhood was made an official Firewise community.

Councilmember Zepeda announced that the Parchester Village received an electric vehicle charging station funded by the Clean Mobility V oucher Pilot Program in collaboration between the Richmond Community Foundation and the Richmond Transportation Department. Councilmember Zepeda also announced that the Santa Fe Neighborhood cleanup day was scheduled for September 30, 2023. Councilmember Zepeda acknowledged the Public Works Department for installing crosswalks and signage to slow down traffic near schools.

Councilmember Jimenez acknowledged the Public Works Department for working with Pacific Gas and Electric to ensure accountability and lighting in Wendell Park.

Councilmember Jimenez also acknowledged the Dimm Street and Barrett Avenue community for organizing the potluck held on September 23, 2023. Councilmember Jimenez invited residents to the Traffic Calming Forum at the Solano Playlot scheduled for September 30, 2023.

Mayor Martinez acknowledged the Public Works Department for their work. Mayor Martinez announced that the Richmond Commission on Aging member, Myrtle Braxton, recently celebrated her 96th birthday. Mayor Martinez reported that the League of California Cities held its Annual Conference and Expo on September 20-22, 2023, and commended Councilmember Zepeda for his presentation on hate speech. Mayor Martinez stated that he learned at the conference that there was a lot of controversy over the boundaries between free speech and the ability of electeds to protect their constituents and the people they worked with from abuse. Mayor Martinez expressed he was hopeful for more friendlier and safer public meetings.

N. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
None.

O. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
The following individuals gave comments in person:

Don Gosney expressed Brown Act violation concerns regarding the presentation given by the Public Bank East Bay representatives and photos taken with the council during the reports of officers at the September 19, 2023, City Council meeting. Mr. Gosney also expressed concerns regarding the city's response time to public records requests and harassment allegations.

A.J. Jelani acknowledged the city for its hiring practices. Mr. Jelani presented an award of appreciation for Richmond Police Lieutenant Ernest Lucas in recognition of the outstanding community service provided to the Belding Woods neighborhood.

Mark Wassberg gave comments regarding criminals and high-profile crimes. Mr.

Wassberg gave comments regarding the Pedie Perez case. Mr. Wassberg urged community members not to be a criminal.
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Rick Perez acknowledged the council for everything it had done for the Perez family following the police shooting death of his son, Richard “Pedie” Perez. Mr. Perez requested that the Police Department's Cultural Competency Training include command staff as well as the new recruits.

Patricia Perez gave comments regarding her grandson’s police shooting case and the officer involved.

Deborah Garcia reported that unhoused individuals had returned behind her home located at 2929 Howard Street in Richmond. Ms. Garcia advised that the individuals were causing disturbances and stealing items from her yard. Ms. Garcia also advised that the creek behind her home was falling and would cause her garage to fall. Ms. Garcia said she had not received a response to her calls to city staff or officials regarding her concerns.

Jamin Pursell acknowledged the city for hosting a disco event at Unity Park and other events throughout the city. Mr. Pursell gave comments in support of the League of California Cities discussions against hate speech. Mr. Pursell acknowledged the council for its city police reform efforts to bring safety to the community. Mr. Pursell emphasized the importance of the council's votes to move matters forward and set an example for the larger community.

Deborah Bayer gave comments via teleconference regarding Item P.2.a (contract for environmental consulting services at Marina Bay). Ms. Bayer advised the need for constant monitoring of toxic sites. Ms. Bayer expressed concerns regarding the funding sources for the services.

P. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Zepeda
To approve all Consent Calendar items.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Martinez
Passed (7 to 0)

P.1 City Attorney's Office
P.1.a Acceptance of Brickyard Cove Road Dedication Pursuant to Recorded Infrastructure Agreements
AUTHORIZE the Mayor to execute agreements(s) with BCHOA1 and Boardwalk Marina that provide for their $261,220 contribution to the City’s pavement management program; ADOPT a resolution of acceptance of dedication; and AUTHORIZE the City Manager to approve easements for HOAs to maintain landscaping with all of such documents in a form approved by the City Attorney – City Attorney’s Office (Dave Aleshire 510-620-6509).

Adopted Resolution No. 97-23. The dollar amount for this item was changed from $261,220 to $300,000.
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P.2 Economic Development
P.2.a Contract with PES Environmental, Inc. dba NV5 for Environmental Consulting Services at Marina Bay
APPROVE a sole-source contract with PES Environmental, Inc. (dba NV5) for environmental consultation services and to perform annual inspections of nine deed restricted properties in Marina Bay for a total amount not to exceed $383,750, with a term from July 1, 2023, through June 30, 2026 – City Manager’s Office (Nannette Beacham/Craig Murray 510-621-1264).

P.3 Library and Community Services
P.3.a Approve the Purchase of Two R-Transit Electric Passenger Vans APPROVE a contract between the City of Richmond and the National Auto Fleet Group to purchase two R-Transit electric vans in an amount not to exceed $268,861.76; and ALLOCATE and APPROPRIATE, if needed, Richmond’s Environmental and Community Invest Agreement funding to support the purchase of electric vans to help reduce greenhouse gas emissions - Community Services Department (LaShonda White 510-620- 6828/Denée Evans 510-621-1718/Lori Reese-Brown 510-620-6869).

P.4 Mayor's Office
P.4.a National Drive Electric Week
PROCLAMATION declaring September 22 to October 1, 2023, as National Drive Electric Week in the City of Richmond – Mayor Eduardo Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620- 6593).

P.5 Public Works
P.5.a Hilltop Landscape District Office Trailer and Yard Lease APPROVE a sixth lease amendment with North Richmond Properties, Inc., in an amount not to exceed $32,429.28, for a month-to-month term, for the rental of two office trailers and space to store containers and landscaping equipment – Public Works Department (Daniel Chavarria 510-620-5478/Greg Hardesty 510-620-6920).

P.5.b Santa Rita Road Stabilization Project Funding Request APPROVE and APPROPRIATE transfer of funds amounting to
$1,040,000 from Risk Management fund to the General Capital Fund for the Santa Rita Road Stabilization Project – Public Works Department (Daniel Chavarria 510-620-5478 / Ken Cheng 510-621-1612).

Q. PUBLIC HEARINGS
Q.1 Approval of Adjusted Developer Impact Fees for a Revised Master Fee Schedule
Deputy City Clerk Ursula De Loa announced that it was time, pursuant to public notice, to hold a public hearing. Accounting Manager Antonio Banuelos introduced the matter. Carlos Villarreal of Willdan Financial Services presented a PowerPoint that highlighted the following: developer impact fee overview; cost allocation methodology; fee program methodologies; projected impact fee revenue; maximum justified impact fee schedule; staff recommendation for phase- in approach; and credit policy. Discussion ensued. The council requested the 401

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following: recalculate the fees based on a higher level of service for community facilities including building new facilities and considering the $15 million from the general fund allocated to the main library renovation; consider the council's new goals; a developers performa analysis to determine hard costs of construction and land; percentage of fees for projects; and add the library to warehousing.

Mayor Martinez declared the public hearing opened. Jessie Taran gave comments via teleconference. Mayor Martinez closed the public hearing. Further discussion ensued. The council requested the following: include the library, community centers, and future projects in the study; formalize affordable housing fee waivers; hold a council study session and provide alternatives; consider the council goals and objectives scheduled for discussion on September 27, 2023; and provide more information regarding mello-roos fees versus a one-time payment.

Motion by Vice Mayor Gayle McLaughlin
Seconded by Councilmember Jimenez
To direct the city manager to return the matter back to the council at an appropriate time, with options for how to change the developer impact fees as per the feedback provided by the council, and then determine an agreed upon option to schedule the next public hearing.

Ayes (7): Councilmember Bana, Councilmember Jimenez, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Martinez
Passed (7 to 0)

Q.2 THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 16, 2024, CITY

COUNCIL MEETING
HOLD a public hearing on an appeal filed objecting to the Planning Commission’s conditional approval of a Vesting Tentative Map, Major Design Review, and Density Bonus waivers to certain development standards, including a consistency checklist under CEQA for a 94-unit townhome project on a site located on Brickyard Cove Road; and ADOPT a Resolution denying the appeal and affirming the Planning Commission’s action on the Brickyard Cove Residential Project - Community Development Department (Lina Velasco 510- 620-6841).

R. STUDY AND ACTION SESSION
R.1 Fiscal Year 2022-2023 City-Wide Accomplishments
RECEIVE a presentation from the city manager on the Fiscal Year 2022-2023 City-wide accomplishments – City Manager’s Office (Shasa Curl 510-620-6512).

This item was continued from the July 11, 2023, September 12, 2023, and September 19, 2023, meetings.

City Manager Shasa Curl acknowledged the council for its leadership and support, and city staff for their commitment and excellent customer service. Ms. Curl presented a PowerPoint that highlighted the accomplishments of the following departments: City Manager's Office, Community Development, Community Services, Economic Development, Fire, Internal Services, Police, and Public Works.

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R.2 North Richmond Living Levee Project Presentation
RECEIVE a presentation from the North Richmond Shoreline working group on the North Richmond Living Levee Project - Councilmember Jimenez (510-620- 6565).

Councilmember Jimenez introduced the matter. Contra Costa County Supervisor John Gioia provided an overview of the wetland project. Bay Area Regional Collaborative Program Coordinator Josh Bradt presented a PowerPoint that highlighted the shared vulnerability and project need. Naama Raz-Yaseef of The Watershed Project presented the community engagement frameworks. Tim Mollette-Parks of the Mithun design firm presented the priority amenities; North Richmond Shoreline Adaption Project boundary; stakeholder engagement map; grey (single benefit) and nature-based (multi-benefit) approaches; collaboration clusters; and project Phase I. West County Wastewater General Manager Andrew Clough presented a look ahead at the North Richmond Collaborative Shoreline Adaption Plan and North Richmond Living Levee Phase 1. Discussion ensued.

The council expressed concerns regarding the following: groundwater; swamplands; landfill; toxins; and the lack of the Chevron Refinery's participation.

Jamin Pursell gave comments in person. Further discussion ensued. The council urged the importance of county collaboration and a separate or bay-wide plan to address the council's concerns.

R.3 Contra Costa County’s Anyone, Anywhere, Anytime (A3) Program Update RECEIVE a presentation from Contra Costa Health regarding the Anyone, Anywhere, Anytime (A3) program, which is an innovative approach to provide timely and appropriate mental and behavioral health crisis services to people in Contra Costa County – Community Services Department (LaShonda White 510- 620-6828) and Councilmembers Soheila Bana (510-620-6743) and Cesar Zepeda (510-620-6593).

Chief Executive Officer Anna Roth and Behavioral Director Suzanne Tavano of the Contra Costa County Health Department presented a PowerPoint that highlighted the following: vision, process, and the need; A3 crisis call center and growth and service levels; Measure X and funding; and next steps. Discussion ensued. (At 10:59 p.m., a motion made by Councilmember Zepeda, seconded by Councilmember Bana, to extend the meeting to complete Item R.3, passed by the unanimous vote of the City Council). Further discussion ensued. The council requested the A3 job classification descriptions and salary ranges. (At 11:30 p.m., a motion made by Councilmember McLaughlin, seconded by Councilmember Bana, to suspend the rules and extend the meeting to finish comments from the council and the public for Item R.3, passed by the unanimous vote of the City Council). Jamin Pursell gave comments in person.

Jessi Taran and Leisa Johnson gave comments via teleconference. Further discussion ensued. The council requested data with a breakdown of the type of calls, tier, the number that the calls were coming in from, and calls that came in from family and law enforcement.

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S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:44 p.m., in memory of Kabir Kapur, to meet again on October 3, 2023, at 6:30 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor

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RICHMOND, CALIFORNIA, September 27, 2023

Richmond Civic Center Auditorium, Bermuda Room
403 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL The Special Meeting of the Richmond City Council was called to order at 4:14 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez.

Absent: None.

C. AGENDA REVIEW
Facilitator Henry Gardner gave an overview of the proposed agenda as follows:

1. Roll call

2. Review and modification of the proposed agenda

3. Framing of overarching strategic goals and priorities

4. Public comment

5. Next steps and final comments

6. Adjournment
D. CITY COUNCIL GOALS
D.1 Presentation and Discussion of Metrics, Tracking, Timelines, and Assigned Responsibility of City Council Goals and Objectives
RECEIVE a report providing an update regarding the proposed timeline, progress, cost, funding source(s), and performance metrics for the goals that City Council approved by vote; ACCEPT updated focused priorities for Fiscal Year 2023-24 through Fiscal Year 2025-26; and PROVIDE direction to staff – City Manager’s Office (Shasa Curl 510-620-6512).

Mr. Gardner advised that the current spreadsheet in the council's agenda packet incorporated the council's requests from its previous goals and objectives meetings. Mr. Gardner suggested the council review the spreadsheet and advise staff of any areas that were not clear or not captured correctly. Mr. Gardner recommended moving to future quarterly reports to review staff's progress for each of the council's goals and objectives.

Mr. Gardner reviewed the following six overarching goals voted on by the council at its June 15, 2023, meeting: (1) improve the quantity and quality of housing, especially low-income housing and reduce homelessness; (2) increase revenue and improve economic development; (3) improve the quality of life and community health/improve social determinants of health; (4) improve public safety; (5) strengthen the city's internal infrastructure and processes; and (6) address shoreline issues and ecological sustainability. Mr. Gardner gave a 405

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high-level summary of the council's sub-goals and key objectives. The council expressed concerns regarding the prioritization of items, not listed on the spreadsheet, that were currently in progress such as the implementation of a Public Bank and offshore winds at the Richmond Port. The council suggested that staff specifically state what was included with Goal 1.1.4 regarding Public Housing Agency Recovery and Sustainability (PHARS).

Project Manager Patrick Seals presented a PowerPoint that highlighted the staff-recommended priorities based on the six council-voted strategic goals areas and work plan examples. Mr. Seals advised that the priorities were based on the following criteria: projects that were already in progress; staffing and staff capacity to complete the work within the current or subsequent fiscal year; and budget.

Discussion ensued. The council stressed the urgency to increase staff capacity to complete projects, apply for grants, and for skilled staff to implement the Richmond Community Crisis Response Program. Staff agreed to prepare another "Bike Rack" list of projects that did not currently have a definitive strategy, such as a new police station, Martin Luther King, Jr. Community Center renovation, Port revitalization, and noise reduction from trains. The council requested staff to consider assigning one person every Friday from the Public Works Department to handle council requests.

Mr. Gardner guided the council through each of the strategic goals areas and priorities. The council requested various additions as noted in the following:

Revised Goals List. The council recommended the following next steps: update the goals and priorities with the council's changes; and hold a joint meeting in the fall or early next year with the City Council and West Contra Costa Unified School District to discuss the Maritime Academy and soccer fields.

Mr. Gardner gave closing remarks and recommended a future special meeting to discuss council rules, procedures, and effective communication. The council gave closing remarks. Staff advised it was researching a more dynamic and publicly accessible software for the council's list of goals that would be connected with the city's budget. The council recommended a goals outcomes matrix for residents.

The council tentatively set November 14, 2023, to hold its next special meeting.

E. PUBLIC COMMENT
There were no public speakers.

F. ADJOURNMENT
There being no further business, the meeting adjourned at 7:03 p.m.

Pamela Christian, Clerk of the City of
Richmond
Eduardo Martinez, Mayor

406

November 7, 2023

City Council

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Vice Mayor Gayle McLaughlin

Subject:

Accept $75 ,000 contribution from Prologis for LifeLong Medical Care’s Health Ambassador Program.

FINANCIAL IMPACT: There is no financial impact to the City for receiving a $75,000 donation from Prologis that will help with
unhoused solutions

PREVIOUS COUNCIL
ACTION:

The City Council has not taken action on this donation
previously

STATEMENT OF THE
ISSUE:

LifeLong Medical Care has been implementing a Health
Ambassador Program to assist our unhoused residents
with health care and preventive care. Currently, Prologis (the new Hilltop Mall site owner) has offered to provide $75,000 to help us in our efforts to address the needs of the unhoused. The City has an opportunity to extend the LifeLong program by applying the $75,000 from Prologis
to LifeLong so that they can continue to hire and assign Health Ambassadors to help us in our “care approach” to serving the needs of residents in Richmond who are
unsheltered.

AGENDA
REPORT
407

November 7, 2023
RECOMMENDED ACTION: ACCEPT and APPROPRIATE a $75,000 grant from Prologis to the City of Richmond for unhoused services
and DIRECT staff to apply this funding to LifeLong
Medical Center to aid in funding Health Ambassadors
which will provide Client Care Liaison Services for
Richmond’s unhoused population - Vice Mayor Gayle
McLaughlin (510-620-6636)

DISCUSSION:

Over the past couple of years, Vice Mayor McLaughlin has talked with representatives from Prologis (the new owner of the Hilltop Mall site) several times, seeking a contribution from them to help with our unhoused work. They had previously committed to a contribution toward a Safe Park in Richmond. Although a Safe Park has yet to emerge, there are other efforts that are currently happening in Richmond to help our unhoused residents acquire services and housing, and Prologis has indicated a willingness to help. Based on discussions that the Vice Mayor had with Prologis, they have agreed to provide the City with an initial contribution of $75,000 toward unhoused services. They have also made it clear that they would be providing additional funding in the future.

Richmond has received some significant State grants over the last couple of years specifically to help us address homelessness. We are using these grants to provide people with the services they need, including placing them in housing, to help them advance with dignity and health in their lives. Mapping has been done of encampments throughout the City and more than 1,700 unhoused residents have been counted. It is clear we need to keep moving forward with solutions.

At this point in time, the new State-funded Encampment Resolution Fund #2 is focused on encampments scattered across Richmond, especially on or adjacent to Caltrans rights-of-way. Various efforts, projects and contracts will be forthcoming that will help allocate funding to various service providers who are well-positioned to help address the needs of our unhoused residents and assist them as they move into a new phase of their lives.

One major unmet need for unhoused residents is the lack of access to health care. LifeLong Medical Care, the provider of Street Medicine services in Alameda County, oversees the deployment of Street Medicine teams that provide entirely field- based care in our region’s largest encampments. Teams conduct proactive outreach by 408

November 7, 2023
keeping a consistent weekly outreach schedule to develop relationships and build trust with encampment residents.

To help overcome the lack of access to health care for unhoused residents in West County, LifeLong Medical Care has partnered with local service providers to bring its unique model to Richmond. In particular, LifeLong has hired and assigned two Health Ambassadors, funded by Sierra Health Foundation from January to December 2023, that have piloted new encampment engagement activities in Richmond. Since that piloting will soon be coming to an end, there is an urgent need for additional funding for LifeLong Medical Care to continue to fund Health Ambassadors. We know that people need to have their health care needs met, and engage in healthy decisions, as they take next steps in their lives, including steps such as job training, job placement and housing.

Vice Mayor McLaughlin has talked with Lucinda Brazile, Deputy Director of LifeLong Medical Care, who is very interested in keeping this program going. Since the pilot program was advanced by LifeLong and they currently have employees working directly with our unhoused residents, service providers and the County’s CORE program, it would be beneficial for the City to provide this 75,000 grant (from Prologis) to LifeLong as a contribution to their continuing this Health Ambassador program that is helping our unhoused residents overcome some of their health challenges and limitations.

These funds from Prologis would continue such activities during 2024 in support of Richmond’s Housing First initiative. The Health Ambassador(s) will support encampment residents to opt to make "healthy choices" and become more ready for employment to assist in the City's efforts to bridge people toward housing sustainability as they leave encampments into interim and permanent housing opportunities. They will work with existing providers such as SOS Richmond, Housing Consortium of the East Bay (HCEB), and the County’s Coordinated Outreach Referral, Engagement (CORE) to provide essential and accessible frontline support to encampment residents during these transitions. While LifeLong provides health-focused outreach with the support form Prologis, SOS will continue to provide access to the encampments and support to the encampment residents, HCEB will lead with housing navigation and other supports, and CORE will broker access to the County's interim housing opportunities to get people off the streets.

DOCUMENTS ATTACHED:

None
409

November 7, 2023

City Council

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Vice Mayor Gayle McLaughlin

Subject:

Wildfire Prevention Memorandum of Understanding
(MOU) and Richmond Resolution
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

The City of Richmond previously has contributed $3,500
as its share of funding for the creation of this MOU.

On September 28, 2021, the City Council approved a
resolution on forming a Joint Powers Authority (JPA) to work jointly with other East Bay jurisdictions on Wildfire Safety and Prevention. In addition, the City Council
received a presentation about this MOU on September
19, 2023.

STATEMENT OF THE
ISSUE:

The City of Richmond agreed in 2021 to engage in
meetings with other East Bay Public Agencies to explore creating a Joint Powers Agency (JPA) to work together
on wildfire safety and prevention in the East Bay Hills.

Later, it was decided that a JPA was too complex, and
the group decided that coordination would be better
achieved through a Memorandum of Understanding
(MOU) structure among the participating
agencies/districts. In addition, this item includes a
resolution to adopt an Overall Wildfire Risk Reduction
and Response Policy to be presented to the regional
group once convened.

AGENDA
REPORT
410

November 7, 2023
RECOMMENDED ACTION:

ADOPT a resolution authorizing the City of Richmond to
enter into a Memorandum of Understanding (MOU)
among jurisdictions in the East Bay Hills to form a wildfire coordinating group to improve regionwide collaboration
on wildfire mitigation activities and reduce wildfire risk throughout the East Bay Hills; in addition, ADOPT a
resolution on an Overall Wildfire Risk Reduction and
Response Policy to be presented to the regional group
once convened - Vice Mayor McLaughlin (510-620-
6636).

DISCUSSION:

On September 28, 2021, the City Council adopted a resolution in support of considering a Joint Powers Agency (JPA) among the more than 20 municipalities, counties and fire districts in the East Bay Hills, including the City of Richmond, to facilitate coordination of wildfire safety and prevention.

Vice Mayor McLaughlin attended the meetings regarding this. At a certain point in the discussions, it became clear that the group would prefer that agencies establish a coordinating group via a Memorandum of Understanding (MOU) among the participating agencies rather than the more complex governance structure of a JPA.

Meetings have occurred regularly over the past year two years. A smaller working group was established to come up with a draft MOU which both the Vice Mayor and the Fire Chief have participated in.

On June 28, 2023, some 40 public officials representing 28 jurisdictions met to discuss the MOU to facilitate coordination of wildfire prevention in the high-risk area of the East Bay Hills. The MOU itself was drafted by Shayna van Hoften, a partner with the Hanson Bridgett law firm working with counsel from several of the agencies represented at the meeting.

The next step is for the officials of the two counties, the cities and the fire districts in the area, to officially enter into the MOU.

The MOU, a resolution introducing it, and a list of all attendees at the June 28th meeting are attached. In addition, a resolution is included providing an Overall Wildfire Risk Reduction and Response Policy. This policy will be presented to the entire regional working group once meetings begin.

After approval of the MOU by all participating agencies, the first meeting of the new Wildfire Prevention and Coordination Group will be scheduled.

DOCUMENTS ATTACHED:

Attachment 1 – MOU
411

November 7, 2023
Attachment 2 – Resolution to adopt the MOU
Attachment 3 – List of all attendees at the June 28 meeting Attachment 4 – Policy statement from Richmond to be presented to the regional working group once convened

412

MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF WILDFIRE

PREVENTION ACTIVITIES TO PROTECT THE EAST BAY HILLS IN ALAMEDA AND

CONTRA COSTA COUNTIES

This Memorandum of Understanding (“MOU”) is entered into as of , 2023, (the "Effective Date") by and between the following agencies (referred to herein individually as a “Participating Agency” and collectively as the “Participating Agencies"):

[[List of agencies]]; and any other New Participating Agency in accordance with Section 4 of this MOU.

Recitals

A. The East Bay Hills along the border of Alameda and Contra Costa Counties, and extending north to Hercules and south to Fremont, is a high wildfire risk zone. As wildfires do not respect political boundaries, fire prevention and vegetation management are regional efforts that require coordination among the many jurisdictions, fire districts, and other regional agencies in the East Bay wildfire zone.

B. While there are strong regional coordinating efforts that have been long established, the pace of climate change and its impacts to wildfire in the region call for more coordination at the governing body level. With support from community organizations concerned with wildfire prevention, a group of public officials representing the counties, municipalities and fire districts in the East Bay Hills has come together to form a structure for elected officials to meet their common goals regarding regional wildfire prevention, including providing governance and policy support towards regional efforts to lobby for legislation and funding, improve grant funding and wildfire hazard reduction, resulting in the development, execution and implementation of this MOU. This group desires for the Counties of Alameda and Contra Costa, together with all municipalities and fire districts in the East Bay Hills that include areas in high wildfire risk zones, as determined by the California Department of Forestry and Fire Protection (CAL FIRE), to sign this MOU.

C. Each of the Participating Agencies performs wildfire prevention activities, including but not limited to adopting and implementing fire codes; enforcing weed/overgrown vegetation hazard abatement standards; planning, coordinating and applying for local and regional grants, implementing wildfire hazard identification and mitigation programs; and engaging in separate and joint wildfire emergency response planning.

D. Staff members of certain Participating Agencies currently work together on common endeavors, particularly within Contra Costa County and within Alameda County. These efforts are expected to continue. T he Participating Agencies desire to better coordinate these activities at both the governing body and staff levels to improve their efficacy and efficiency, with the shared goal of increasing each Participating Agency’s respective level of service to the residents and property owners in the region.

E. In furtherance of this goal, the Participating Agencies desire to create and benefit from opportunities for cross-agency governing body communication and cooperation related to wildfire prevention in the East Bay Hills, without altering any of the Participating Agencies’ jurisdictional boundaries, existing cooperative efforts at the staff or Board/Council levels, or create new legal authorities.

F. The Counties of Alameda and Contra Costa are subdivisions of the State of California with responsibility for adopting and enforcing Fire Codes within all unincorporated 413

areas of the County, though separate fire protection districts and municipalities provide fire prevention and suppression services throughout the entire County.

G. The municipalities of [list of municipalities] are municipal corporations located in Alameda and Contra Costa Counties with responsibility for providing fire prevention and fire and emergency response services within their respective jurisdictions, whether directly or by contract with a local fire protection district.

H. The municipalities of [list of municipalities] are municipal corporations located in Alameda and Contra Costa Counties in which fire prevention and fire and emergency response services are provided by local fire protection districts.

I. Each of the counties listed in Recital F, above, is responsible for ratifying a Fire Code, and enforcing portions thereof, within the unincorporated portions of its respective jurisdiction.

J. Each of the municipalities listed in Recitals G and H, above, is responsible for ratifying a Fire Code, and enforcing portions thereof, within its respective jurisdiction.

K. The [list of fire protection districts] Districts are organized under the Fire Protection District Law of 1987 (Health & Safety Code § 13800 et seq.) to provide fire prevention and suppression services within their jurisdictions within portions of Alameda and Contra Costa Counties.

NOW THEREFORE, the Participating Agencies agree as follows:

1. Shared Intent. The Participating Agencies desire to collaborate on strategies and activities to minimize wildfire hazards in the East Bay Hills by:

A. Providing regional coordination among elected officials and policy support to fire chiefs and their staff in developing model fire codes.

B. Providing regional coordination among elected officials and policy support to fire chiefs and their staff in developing and implementing joint plans to reduce flammable wildland vegetation and replace it with wildfire resistant vegetation where appropriate.

C. Working with regional partners including the Hills Emergency Forum and local fire chiefs to identify and apply for state, federal or other funds to assist with wildfire risk mitigation activities including (but not limited to) risk identification, planning, and vegetation removal from public and private lands, protecting sensitive wildlife habitats and native plant landscapes, and supporting private property owners to implement home hardening activities.

D. Supporting the planning and coordination efforts of fire chiefs and their staff to plan wildfire evacuations and response, especially where these efforts cross jurisdictional boundaries between one or more of the Participating Agencies.

E. Working cooperatively to influence legislation at the State level to support resources and policies to mitigate wildfire risk and to make wildfire safety a priority.

2. Term of Agreement. The term of this MOU will commence on , 20 and continue unless terminated pursuant to Section 7, below.

414

3. Co-operative Structure: East Bay Hills Regional Wildfire Prevention Coordinating Group. The Participating Agencies agree to form an East Bay Hills Regional Wildfire Prevention Coordinating Group (WPCG) as described below. The WPCG's responsibilities will be executed in a manner consistent with the Participating Agencies' individual fire prevention responsibilities.

A. WPCG Members.

Each Participating Agency will appoint one member and one alternate from its governing body to serve on the WPCG. More specifically, all WPCG members and alternates shall be elected or appointed members of Boards of Supervisors, City or Town Councils, Boards of Directors, or a functional equivalent. Upon authorizing execution of this MOU, each Participating Agency will endeavor to identify its member and alternate within two months. A quorum of the WPCG will consist of representatives of 50% plus one of the Participating Agencies

B. Principles. The WPCG will adhere to the following principles:

i. Each member of the WPCG commits to actively advance the Shared Intent described in Section 1 of this MOU.

ii. The WPCG will provide a means of coordination, information sharing and peer review concerning means of accomplishing the Shared Intent described in Section 1 of this MOU.

iii. Signing this MOU and appointing a member to the WPCG does not obligate any Participating Agency to include other Participating Agencies in their individual wildfire prevention and risk mitigation activities.

C. Duties. The WPCG will undertake the following duties:

i. Hold open and public meetings in accordance with a regular meeting schedule established by the WPCG, not less than quarterly.

ii. Establish goals, procedures and programs, as necessary, for accomplishing the Shared Intent outlined in Section 1 of this MOU.

iii. Designate a Fiscal Agent, as further described in Section 3.F, and provide policy oversight, advice and direction to the Fiscal Agent.

iv. Develop and implement a plan for staff support of WPCG activities and objectives, whether provided by members from one or more Participating Agency, or one or more other consulting entities hired the WPCG (such as private companies, other public entities, community-based organizations, or other non-profit organizations).

v. Propose a dues structure to fund WPCG activities, and implement if so agreed by 100% of WPCG members.

vi. Apply for grants or other funds that may become available for joint use by the Participating Agencies, if so agreed by the WPCG members.

vii. In the event that either (i) a dues structure is instituted, or (ii) grants or other funds are received: Adopt, monitor and revise a budget for expenditure or distribution of such funds on an annual basis (or other timeframe established by the WPCG, 415

taking into account the life cycle of various grants and Participating Agency contributions).

The budget will generally outline the staffing assignments and resources needed to accomplish the funded projects.

D. Chair. At the first meeting of each calendar year, the WPCG will elect a Chair for purposes of facilitating meetings of the WPCG and overseeing development of the agenda, with whatever assistance the Chair requires.

The Chair also may create a stakeholder advisory group consisting of individuals such as representatives of other public agencies, Firesafe Councils, neighborhood or other community- based organizations, and other organizations owning land and/or serving communities of residences and businesses in the East Bay Hills wildfire zone.

E. Decision Making. Except where otherwise noted in this MOU, the WPCG shall make decisions only with an affirmative vote of a majority of the WPCG members (or their alternates, in the members' absence). Additional decision-making procedures may be established by the WPCG as needed.

F. Designation of a Fiscal Agent. The WPCG will designate one of the Participating Agencies to serve as the WPCG's "Fiscal Agent," in which role that entity will (i) serve as the WPCG treasurer and (ii) enter into contracts on behalf of the WPCG. The WPCG will review the designation of the Fiscal Agent not more often than once every three years and with at least six months of time for the then-current and newly-selected agencies to prepare for the transition. The selection is subject to approval by the governing body of the newly-selected entity. In the event of a new designation and approval of the governing body of the newly- selected Fiscal Agent, the then-current and newly-selected Fiscal Agents will seek approval from their governing bodies to (i) transfer funds or access to WPCG accounts to the new Fiscal Agent, (ii) assign all outstanding WPCG-required contracts to the new Fiscal Agent, and (iii) take such other actions as may be necessary or convenient to effect the transition of the Fiscal Agent role. The WPCG will establish a process for reimbursing the Fiscal Agent for its actual costs and expenses accrued in performing its duties under this MOU, including for staff time based on then-current hourly rates of compensation.

4. Addition of Participating Agencies. Additional municipalities, special districts, and other public agencies may become Participating Agencies after obtaining approval of (a) their governing bodies, and (b) the WPCG. Any additional Participating Agency must evidence its agreement to the terms of this MOU, or a subsequent restatement of this MOU, by executing a signature page in the same form used by the original Participating Agencies and accepting the then-current terms of this MOU. Counter-signature by only the Fiscal Agent is required for the additional Participating Agency to be bound by the terms of this MOU with all other signatories to this MOU.

5. Employment of Personnel. The employees of each Participating Agency coordinating services pursuant to this MOU are not, and shall not be deemed, employees of any of the other Participating Agencies for any purpose. Each Participating Agency shall be solely responsible for all salary, benefits, workers’ compensation, and insurance for its personnel providing services pursuant to this MOU, and said personnel shall be considered solely employees of the Participating Agencies for all supervisory, disciplinary and other employment related purposes.

6. Litigation Support. The Participating Agencies will make their employees available to testify in any litigation brought regarding work performed under this MOU. Should a Participating Agency request that another Participating Agency’s employees testify in litigation 416

following the termination of this MOU, the requesting Participating Agency shall compensate the Participating Agency that is fulfilling the request for employees’ costs and expenses in preparing for, traveling to, and testifying in such matters at the employee’s then current hourly rate of compensation, unless such litigation is brought by the requesting Participating Agency or is based solely on allegations of the Participating Agency’s negligent performance or wrongdoing.

7. Termination or Withdrawal. At any time and without cause, a Participating Agency may terminate its participation in this MOU by giving sixty (60) days’ prior written notice to the other Participating Agencies.

8. Indemnification. Each of the other Participating Agencies will jointly indemnify, and hold harmless the Fiscal Agent and its directors/councilmembers/supervisors, officers, employees and agents (collectively, “Indemnitees”) against all liability, claims, suits, actions, costs or expenses arising from loss of or damage to property, and injuries to or death of any person (including but not limited to the property or employees of each Participating Agency) when arising out of performance of this MOU.

The indemnifying Participating Agencies’ obligation to defend includes the payment of all reasonable attorneys’ fees and all other costs and expenses of suit, and if any judgment is rendered, or settlement entered, against any Indemnitee, the indemnifying Participating Agencies must, at their expense, satisfy and discharge the same.

This Section 8, Indemnification, will survive termination or expiration of this MOU.

9. General Provisions.

A. Not a Joint Venture or Joint Powers Authority. The Participating Agencies intend by this MOU to establish only a coordinating arrangement with regard to their respective individual and joint fire prevention activities, and do not intend to create a joint powers agency, partnership, joint venture, or joint enterprise at this time.

B. No Third-Party Beneficiary. This MOU is only for the benefit of the Participating Agencies as corporate entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties. This MOU does not entitle any third party or parties to any right, benefit, position, or right of action of any kind for any reason whatsoever.

C. Notices. All written notices required or permitted to be given under this MOU will be deemed made when received by the other party or parties at its/their respective address(es) as indicated on its/their Signature Page(s), attached at the end of this MOU.

D. Waiver. No failure on the part of any Participating Agency party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that any Participating Agency may have hereunder, nor does waiver of a breach or default under this MOU constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

E. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be considered an original and all of which constitute a single instrument.

F. S everability. If any provision of this MOU or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this MOU, or the application of such provision to persons, entities or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected 417

thereby, and each other provision of this MOU shall be valid and enforceable to the fullest extent permitted by law.

G. Amendment. No modification, waiver, mutual termination, or amendment of this MOU is effective unless made in writing and signed by all of the Participating Agencies.

H. Disputes. In any dispute over any aspect of this MOU, the prevailing party shall be entitled to reasonable attorney’s fees and costs.

I. Governing Law. This MOU, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of Alameda or Contra Costa County.

J. Existing Agreements. This MOU supplements, and does not replace, any prior or future agreements between any two or more Participating Agencies, including for contracted, shared or cooperative fire prevention and/or emergency medical services .

IN WITNESS WHEREOF, the parties have caused this MOU to be executed effective as of the day and year first above written.

[[SIGNATURE PAGES FOR EACH SIGNATORY AGENCY]
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Reso. No. XX-17

RESOLUTION NO. XX

ADOPT A RESOLUTION AUTHORIZING THE CITY OF RICHMOND TO ENTER

INTO A MEMORANDUM OF UNDERSTANDING (MOU) AMONG JURISDICTIONS

IN THE EAST BAY HILLS TO FORM A WILDFIRE PREVENTION COORDINATING

GROUP TO IMPROVE REGIONWIDE COLLABORATION ON WILDFIRE

MITIGATION ACTIVITIES AND TO REDUCE WILDFIRE RISK THROUGHOUT

THE EAST BAY HILLS

WHEREAS, the series of historic wildfires throughout California and the Western United States in recent years demonstrates that the impacts of global climate change will continue to have potentially devastating local effects throughout the region; including habitat destruction, loss of life, economic impacts, infrastructural damage, and public health hazards associated with air quality, and

WHEREAS, reactive approaches to fire management and containment are deployed during times of crisis and overextend local and state resources; and

WHEREAS, the spread of wildfire does not respect political or jurisdictional boundaries; burning embers travel widely and air quality impacts from smoke extend throughout the region; and

WHEREAS, a large portion of the East Bay region, including the East Bay Hills from Hercules to Fremont are a CalFire designated high-risk danger zone; and

WHEREAS, a more coordinated approach among jurisdictions and investment in vegetation management and other wildfire prevention programs will help to mitigate the number and severity of wildfire events; and

WHEREAS, regional intergovernmental coordination may prove both more effective and more efficient in developing and implementing best practices, as well as sharing expertise and other resources; and

WHEREAS, the East Bay Region contains more than 20 municipalities, counties, and fire districts, including the City of Richmond, that may benefit from a coordinated fire management approach; and

WHEREAS, with support from local community organizations and individuals concerned with wildfire prevention, a group of public officials representing the counties, municipalities and fire districts in the East Bay Hills decided to create a formal structure for interested cities, counties and fire districts in the East Bay Hills to collaborate and meet their common goals regarding regional wildfire prevention; and

WHEREAS, these public officials have agreed that a Memorandum of Understanding (MOU), which provides the legal basis for the jurisdictions to work together to accomplish agreed upon goals, would be the most efficient and effective legal structure to create this intergovernmental collaboration, referred to as the “Wildfire Prevention Coordinating Group” (WPCG); and

WHEREAS, the counties of Alameda and Contra Costa, the cities of Berkeley, Oakland, Pinole and Richmond, and the Moraga-Orinda Fire District have all contributed financing to facilitate discussions about forming a WPCG and developing a draft MOU; and

WHEREAS, the participants in the MOU, referred to as Participating Agencies, would themselves decide upon goals, objectives, activities, any required budget and staffing, to support the WPCG; and

WHEREAS, participants have discussed several potential areas of collaboration, including: developing and implementing joint plans to reduce flammable wildland vegetation and replace it with wildfire resistant vegetation where appropriate; partnering 419

Reso. No. XX-17

together to identify and apply for state, federal or other grant funds to assist with regional wildfire risk mitigation activities; collaboration on local building and fire code updates; and planning together for wildfire evacuations and response, especially those that cross jurisdictional boundaries between one or more of the Participating Agencies; and

WHEREAS, each Participating Agency would appoint one member and one alternate from its governing body to serve on the WPCG. More specifically, all WPCG members and alternates shall be elected or appointed members of Boards of Supervisors, City or Town Councils, Boards of Directors, or a functional equivalent; and

WHEREAS, the WPCG will designate one of the Participating Agencies to serve as the WPCG's "Fiscal Agent," in which role that entity will (i) facilitate ongoing discussions of the WPCG, (ii) serve as the WPCG treasurer, and (iii) enter into contracts on behalf of the WPCG, if necessary; and

WHEREAS, signing the MOU and appointing a member to the WPCG would not obligate any Participating Agency to include other Participating Agencies in their individual wildfire prevention and risk mitigation activities; and

WHEREAS, signing the MOU and appointing a member to the WPCG would not alter any of the Participating Agencies’ jurisdictional boundaries, existing cooperative efforts at the staff or Board/Council levels, or substantive legal authorities; and

WHEREAS, the MOU supplements, and does not replace, any prior or future agreements between any two or more Participating Agencies, including for contracted, shared or cooperative fire prevention and/or emergency medical services; and

WHEREAS, at any time and without cause, a Participating Agency may terminate its participation in this MOU by giving sixty (60) days’ prior written notice to the other Participating Agencies; now, therefore, be it

NOW, THEREFORE, BE IT RESOLVED that the Richmond City Council approves the Memorandum of Understanding between the City of Richmond and other Participating Agencies in the East Bay Hills in order to improve collaboration on wildfire prevention activities and improve safety throughout the region, and authorizes the City Manager to execute the MOU.

**********************

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held November 7, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

420

Reso. No. XX-17

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

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

Pamela Christian, Clerk of the City of Richmond
421
Jurisdiction/Agency Meeting Attendee Name
Alameda County Ali Abbors
Alameda County Shahidah Williams
Alameda County Fire Department Willie McDonald
Alameda County LAFCO Rachel Jones
Alameda County Resource Conservation District Katherine Boxer Bay Area Air Quality Management District Dan Meer
Bay Area Council Abby Raisz
Bay Area Council Economic Institute Patrick Kallerman
CalFire Ed Orre
Caltrans Leah Budu
City of Alameda Nicholas Luby
City of Albany James Boito
City of Berkeley Anthony Rodriguez
City of Berkeley Chris Pinto
City of Berkeley Dan Green
City of Berkeley David Sprague
City of Berkeley Susan Wengraf
City of El Cerrito Karen Pinkos
City of El Cerrito Paul Fadelli
City of Fremont Allen DeMers
City of Fremont Heather Mozdean
City of Hayward Kelly McAdoo
City of Hercules Dante Hall
City of Hercules Tim Rood
City of Moraga Scott Mitnick
City of Oakland Joe DeVries
City of Oakland Keara Odoherty
City of Orinda David Biggs
City of Piedmont Dave Brannigan
City of Pinole Andrew Murray
City of Pinole James Parrott
City of Pinole Maureen Toms
City of Richmond Angel Montoya
City of Richmond (District 5) Gayle McLaughlin
Claremont Canyon Conservancy Jon Kaufman
Contra Costa County Edgar Rosales
Contra Costa County Robert Rodgers
Contra Costa County (District 2) Jill Ray
East Bay Municipal Utilties District Scott Hill
East Bay Regional Park District Aileen Theile
El Cerrito Eric Saylors
Hanson Bridgett Shayna van Hoften
Kensington Fire Larry Nagel
Livermore-Pleasanton Fire Department Jason Solak
Livermore-Pleasanton Fire Department Kim Colantuono
Livermore-Pleasanton Fire Department Ryan Rucker
422
Moraga-Orinda Fire District Dave Winnacker
Oakland Fire Department Matthew Nichelini
Oakland Firesafe Council Ken Benson
Oakland Firesafe Council Lisa Jacobs
Oakland Firesafe Council Sue Duncan
PlaceWorks David Early
Renne Public Law Group Rubin Cruse
Rodeo-Hercules Fire District Rebecca Ramirez
Rodeo-Hercules Fire District Tammy Tomas
San Ramon Valley Fire Protection Lance Maples
West Contra Costa Fire Safe Council Soheila Bana
Dick Schneider
Marco Sherman
Pedro Ruiz
Skyler Dias
423
Title Email
Planner III [email protected]
Public Protection Policy Associate [email protected] Fire Chief [email protected]
Executive Officer [email protected]
Chief Executive Officer [email protected]
Manager, Special Projects [email protected]
Research Manager [email protected]
Vice President of Research [email protected] Division Chief [email protected]
Principal Transportation Engineer [email protected]
Fire Chief [email protected]
Fire Chief [email protected]
Legislative Aide [email protected]
Assistant Fire Chief [email protected]
Assistant Fire Chief [email protected]
Fire Chief [email protected]
Councilmember [email protected]
City Manager [email protected]
Councilmember [email protected]
Assistant to the City Manager
Deputy Fire Chief, Training & EMS
CITY MANAGER [email protected]
City Manager [email protected]
Community Development Director [email protected]
Town Manager [email protected]
Deputy City Administrator [email protected]
City Council [email protected]
City Manager [email protected]
Fire Chief [email protected]
City Manager [email protected]
Fire Consultant [email protected]
Councilmember [email protected]
Fire Chief [email protected]
Council Member [email protected]
President, Board of Directors [email protected]
District Coordinator (John Gioia) [email protected] District Coordinator (John Gioia) [email protected] Field Representative (Candace Andersen) [email protected] Manager, Watershed and Recreation [email protected]
Fire Chief [email protected]
Fire Chief [email protected]
Attorney [email protected]
Secretary [email protected]
Deputy Fire Chief [email protected]
Assistant Fire Marshal [email protected]
Fire Marshal [email protected]
424
Fire Chief [email protected]
Assistant Chief of Fire Department [email protected] President [email protected]
Secretary [email protected]
Public Member [email protected]
Senior Advisor [email protected]
Attorney
Fire Chief [email protected]
Administrative Assistant [email protected]
Division Chief [email protected]
President [email protected]
425

Ver. #3 10-25-23

Overall Wildfire Risk Reduction and Response Policy

Whereas, climate change from increased greenhouse gas emissions has created warmer, drier conditions, leading to longer, more active, and more disastrous fire seasons;

Whereas, areas of housing in Richmond and other East Bay cities are located at the wildland- urban interface;

Whereas, the City of Richmond desires to reduce wildfire risk to city residents by developing and supporting the most effective strategies and resources to reduce wildfire risk;

Whereas, vegetation management in wildlands can help reduce wildfire risk to residences, but wind-dispersed, burning or glowing embers - the primary cause of home ignition - are known to pass through “fuel breaks” and other wildland vegetation treatments;

Whereas, an effective response to increased wildfire risk requires a comprehensive approach that includes: 1) home hardening and defensible space around structures, 2) a warning and communications system with detection, alert, and evacuation capabilities, 3) and ecologically based vegetation management.

Whereas, maintaining a warning and communications system with detection, alert, and evacuation capabilities helps the city and its residents be prepared to respond to other emergencies, especially earthquakes and potential industrial incidents;

Whereas, ecologically sound vegetation management practices are consistent with the Open Space Element of the City’s General Plan, the benefits of sustaining healthy, diverse natural habitats, and the need to limit the spread of invasive, flammable weeds;

Whereas, citizen participation is a vital part of carrying out a comprehensive wildfire risk reduction and response program, which also includes collaboration with city and county agencies, including through any Memorandum of Understanding with other agencies on wildfire risk reduction and response;

Now, therefore, the City of Richmond adopts a wildfire risk reduction and response policy that includes, but is not limited to:

A comprehensive program that includes:

1. Increased resistance to ember ignition of residential structures through a “from the house out” approach using home hardening measures and defensible space practices.

2. Regularly reviewing and making improvements to the existing city emergency warning and communications systems as well as detection, alerts, and evacuation capabilities. 426

Ver. #3 10-25-23

3. Incorporating ecologically based vegetation management practices in the wildland- urban interface and other natural areas to reduce wildfire risk in a way that sustains an indigenous, biologically diverse landscape. Vegetation management will be planned with ongoing monitoring and maintenance by landowners and city agencies to retain fuel reduction benefits, sustain flora biodiversity and habitat, and control invasive weeds.

4. Implementing these policies by directly involving Richmond citizens with engaging public education programs, training support for Community Emergency Response Teams (CERT), and testing and maintaining systems for communications between neighborhoods and public responders in an emergency.

427

November 7, 2023

City Manager's Office

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
LaShonda White, Deputy City Manager, Community
Services
Andrea Miller, Director of Finance

Subject:

First Contract Amendment with The Gardner Group, LLC
FINANCIAL IMPACT: The proposed funding for the contract amendment in the amount of $90,000 is allocated from the City Manager’s
Office and the Finance Department, with a total amount
not to exceed $100,000.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

City Staff requests to amend the contract with The
Gardner Group, LLC to continue to provide management
consulting services to include, but not limited to, setting goals and objectives with City Council and City staff,
conducting workshops for team building, and reviewing
reports and correspondence regarding the State Audit.

RECOMMENDED ACTION:

Approve a first amendment to the contract with The
Gardner Group, LLC, in the amount of $90,000, to
continue to provide management consulting services on
an as-needed basis, for a new total contract amount not to exceed $100,000, and extending the contract term to
December 31, 2024 – City Manager’s Office/Finance
Department (Shasa Curl/Nickie Mastay/LaShonda
White/Andrea Miller 510-620-6512).

AGENDA
REPORT
428

November 7, 2023
DISCUSSION:

In January 2022, the City entered into a Sole-Source agreement with The Gardner Group, LLC in the amount of $10,000. The Sole Source agreement is for management consulting services including, but not limited to, reviewing and preparing documents from and to the State Auditor, conducting workshops in support of team building, and providing coaching for a supportive/collaborative workplace.

Mr. Henry Gardner of The Gardner Group, LLC will continue to provide management consulting services to include, but not be limited to, setting goals and objectives with City Council and City staff, developing rules and procedures for City Council, reviewing reports and correspondence regarding the State Audit, and conducting workshops for team building. Mr. Henry Gardner has previously served as the City’s Interim City Manager and, therefore, has knowledge of City matters as well as many years of the desired experience to perform a variety of requested services.

CONCLUSION:

City staff would like to continue to utilize The Gardner Group, LLC for management consulting services.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Contract Amendment No. 1 with The Gardner Group, LLC Attachment 2 – Executed Original Contract with The Gardner Group, LLC Attachment 3 – Sole Source Justification with The Gardner Group, LLC

429
430
431
432
433
434
435
436

CITY OF RICHMOND

SHORT FORM CONTRACT

Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

(Company)

(Street Address)

(City State, Zip Code)

(Contract Person)

(E-mail)

(Telephone)

(Fax Number)

Richmond Business License No.

Expiration Date:

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

3. Payment Limit. City’s total payment to Contractor
under this Agreement shall not exceed ($10,000.00)
including expenses unless a contract amendment has
been approved by the City Council or City Manager.

4. City’s Obligations. City shall pay the Contractor a not to exceed amount of $
as total payment for all services rendered.

5. Location of Services. Contractor shall perform the
services set forth herein at the following location:

___________________________________________

6. Contractor’s Obligations.

To the satisfaction of the City’s Project
Manager, Contractor shall provide the
following services:

7. Supplemental Conditions. This
Contract is subject to the Supplemental
Conditions and Special Conditions (if
applicable) attached hereto, which are
incorporated herein by this reference.

8. Insurance Provisions. This Contract is
subject to the Insurance Provisions which
are attached hereto and are incorporated
herein by this reference.

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

CITY:

CITY OF RICHMOND, CA
a municipal corporation

By:

City Manager or Designee Signature

CONTRACTOR:

By:

Signature Date:

Short Form Contract/EJ/TE 11-30-07
City Manager's Office
Shasa Curl
[email protected]
(510) 620-6512
11906
6707
Management consulting services including, but not limited to, reviewing and preparation of documents from the State auditor, conducting workshops in support of team building, and providing coaching for a supportive/collaborative workplace.

The Gardner Group, LLC
924 Hillcroft Circle
Oakland, CA 94610
Henry Gardner
[email protected]
(510) 435-9407
40058115
12/31/2023
January 1, 2022
December 31, 2023
10,000.00
City offices and virtual meetings
Refer to Scope of Services attached
hereto and incorporated herein by this
reference.

DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 10/4/2023
10/10/2023
437
924 hillcroft circle  Oakland CA 94610  tel: 510-435-9407 [email protected]

THE GARDNER GROUP LLC
Management Consultant to Government

March 1, 2022

CITY OF RICHMOND SCOPE OF SERVICES

The Gardner Group LLC proposes to provide the following Scope of Services as Management Consultant to the City of Richmond

• Review previous reports and correspondence with the State Auditor, meet with staff in preparation for the meeting with the State Auditor, participate in the meetings and assist in preparing responses to questions and comments, assist in preparing report to Council
~10 hours

• Conduct workshops with Department of Finance for team building , identifying opportunities and challenges to achieve a supportive and collaborative work environment, developing goals and objectives for FY 2022-23, addressing top priorities of the department with specific milestones, group evaluation of budget performance ~17 hours

• Provide coaching and conduct workshops with Employment and Training staff to support team building , identify strengths and challenges of leadership in a new organization, explore communication styles and provide tools to enhance effective communication, identify opportunities and challenges to achieve a supportive and collaborative work environment, and develop division goals and objectives ~8 hours

• Assist in other areas of management support as identified by the City Manager ~5hours

Total hours: 40
250 per Hour
Total $10,000

Henry L. Gardner
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 438
For the Contract between the City of
Richmond and

Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SUPPLEMENTAL CONDITIONS

1. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the City as to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any assistants used by Contractor in providing said services.

2. This Contract shall automatically terminate when the total accumulated compensation paid or due to Contractor under this Contract reaches $10,000.00. The City shall not be responsible for compensating Contractor for any amounts in excess of $10,000.00.

3. Either the City or Contractor may cancel this Contract at any time upon giving the other party ten (10) days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation.

4. Contractor shall not assign th is Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City.

5. Contractor shall indemnify , defend and hold the City harmless from and against all claims, demands and causes of action for injury, death or damage to any person or property which may arise or result from the contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor.

6. Contractor agrees to observe a ll applicable laws including, but not limited to, the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond obligating every contractor or subcontractor under a contract or subcontract to the City of Richmond for public works or for goods or service to refrain from discriminatory employment practices on the basis of the race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee of, or applicant for employment with, such contractor or subcontractor.

7. Pursuant to Chapter 7.04 and Section 7.04.160 (f) of the Municipal Code of the City of Richmond, if this Contract does not exceed five thousand dollars ($5,000.00) and if the Contractor does not make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then the Contractor shall be exempt from obtaining a City of Richmond business license.

8. If this Contract does exceed five thousand doll ars ($5,000.00), or if Contractor does make more than five thousand dollars ($5,000.00) within the City of Richmond during the fiscal year, then a City of 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.

The Gardner Group, LLC
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 439
For the Contract between the City of
Richmond and

Short Form Contract Supplemental Conditions/EJ/TE 11-30-07

SPECIAL CONDITIONS

The Gardner Group, LLC
The Supplemental Conditions of the Short Form Contract are hereby amended to include the following modifications:

None
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 440
For the Contract between the City of
Richmond and

Short Form Contract Insurance Provisions/EJ/TE 11-30-07

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.

The Gardner Group, LLC
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 441
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 442
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 443
___ 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.

DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 444
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 445
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 446
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 447
DocuSign Envelope ID: D5BB33CB-0478-41C6-8A28-39ADF9988B8D 448

November 7, 2023

City Manager's Office

DATE: October 17, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
LaShonda White, Deputy City Manager – Community
Services
Patrick Seals, Project Manager
Shane Johnson, Senior Administrative Analyst
Guadalupe Morales, Management Analyst II
Nicholas Delgado, Management Analyst II
Subject:

City Council Environmental Community Investment
Agreement (ECIA) Ad Hoc Committee’s Fiscal Year
2023-24 Category 3 ECIA Grant Award
Recommendations ($50,000)
FINANCIAL IMPACT: The Environmental Community Investment Agreement (ECIA) provides $80 million in revenue to Richmond over a 10-year period. A total of $325,000 is currently
allocated for the Fiscal Year 2023-24 grant cycle
(11771018 400201 2A111), with $50,000 allocated for
Category 3 City Council Ad Hoc Committee-
recommended grant awards.

PREVIOUS COUNCIL
ACTION:

June 20, 2023
December 20, 2022

STATEMENT OF THE
ISSUE:

Under the direction of the City Council, City staff
continued to utilize four grant funding categories for the Fiscal Year 2023-24 Environmental Community
Investment Agreement (ECIA) grant program to provide
opportunities for a wider breadth of organizations, of
varied capacities, to access grant funds. The City Council appointed an ECIA Grant Review Ad Hoc committee
consisting of Councilmembers Soheila Bana, Cesar
Zepeda, and Melvin Willis to work with City staff to
AGENDA
REPORT
449

November 7, 2023
provide a recommendation to City Council on awarding
FY 2023-24 ECIA grant funds through the Council-
Approved Awards category (Category 3) to non-profit
organizations that applied through the ECIA grant
application process.

RECOMMENDED ACTION:

APPROVE a recommendation from the City Council
ECIA Grant Review Ad Hoc Committee to award $50,000
in Fiscal Year 2023-24 Environmental Community
Investment Agreement (ECIA) Grant funds (Category 3 -
City Council Approved Award) to eight (8) Richmond-
serving non-profit organizations; ADOPT a resolution;
and AUTHORIZE the city manager to negotiate and
execute Grant Service Agreements with approved
grantees – City Manager’s Office (LaShonda White 510-
620-6512/Patrick Seals 510-307-8016).

DISCUSSION:

Background

The City Council has granted approval for the Fiscal Year (FY) 2023-24 Environmental Community Investment Agreement (ECIA) Grant Program, which encompasses four (4) categories crafted to facilitate broader access to $325,000 in ECIA grant funds by organizations of diverse capacities. Below is a brief overview of the four categories. A comprehensive explanation of each category is available in the June 20, 2023 City Council staff report (Item X.8.b).

 Categories 1 and 2: “Competitive Grant Awards” with a total allocation of $225,000
 Category 3: “City Council Approved Awards” with a total allocation of $50,000  Category 4: “Community Services Mini-Grant Awards” with a total allocation of $50,000 (Grants are available in amounts up to $5,000. Information is available on the Community Services Department webpage at http://www.ci.richmond.ca.us/3508/Richmond-CSD-Mini-Grant-Program.)

In the beginning of 2023, City Council appointed ECIA Ad Hoc committee members (Committee) consisting of Councilmembers Soheila Bana, Cesar Zepeda, and Melvin Willis to work with City staff to provide award recommendations to City Council, to non- profit organizations through the City Council-Approved Awards (Category 3).

City Council Ad Hoc Committee Recommendations

On August 10, 2023, City staff convened a meeting with the Committee to deliberate over the selection of eligible organizations for funding within category 3. The Committee put forth recommendations regarding which organizations should receive funding, 450

November 7, 2023
subject to City Council's review and approval. The pool of eligible organizations was comprised of 32 entities that submitted completed applications for the ECIA grant but were not granted funding in Categories 1 and 2 (see Attachment 1). Notably, a total of 42 eligible organizations submitted grant applications for Categories 1 and 2, with ten (10) of them receiving funding during the City Council meeting held on June 20, 2023.

The Committee was provided with access to individual applications for review, if needed. In preparation for the meeting, City staff provided the Committee with proposed project summaries that were included as part of each applicant’s original grant application. City staff shared information from each organization’s full application and shared additional information requested by Committee members.

Acknowledging the numerous commendable organizations delivering services in Richmond, the Committee approached its funding recommendations with the awareness of finite resources at hand. Various factors were taken into account when determining these recommendations, encompassing but not confined to:

 Annual budget amounts
 Previous grant recipients
 Number of Richmond residents served
 Capacity to address current and pressing needs facing the Richmond community
 ECIA Grant Review Committee’s rankings and evaluations

Based on the above considerations and discussion, the Committee made the following recommendations:

FY 2023-24 Category 3 Recommendations – City Council Approved Awards Organization Name Project Titles Requested
Amount
Ad Hoc
Committee
Recommendation
Collaborising Black Homeless Support $ 50,000 $ 10,000
Keyz to the Future Leadership
Development $ 47,350 $ 5,000
Meals on Wheels Keeping Connected $ 9,000 $ 9,000
Moving Forward for
Our Future
Moving Forward
Programs $ 20,000 $ 6,000
Oshiana Unique
Thompkins Foundation
R.O.M. Coders and
Gamers $ 30,000 $ 5,000
Richmond Museum of
History and Culture
Experiencing Historic
Richmond $ 36,700 $ 5,000
Richmond
Neighborhood
Housing Services
The Financial
Empowerment Program $ 50,000 $ 5,000
451

November 7, 2023
West County Reads
WCR Classroom Library
Project and Book
Distribution for Local
Events
$ 35,535 $ 5,000
TOTAL $ 278,585 $50,000

Next Steps

Upon approval of the grant award recommendations by City Council, City staff will enter into grant agreements with grantees, with proposed end dates of June 30, 2024. City staff will manage the contract processes which will include, but are not limited to, entering into contracts with grantees, contract administration, serving as a point of contact for all grantees, conducting site visits, and reviewing and approving progress reports and invoices.

DOCUMENTS ATTACHED:

Attachment 1 – List of organizations that were reviewed and scored by the ECIA Grant Review Committee but not approved for funding
Attachment 2 – Resolution authorizing the City Manager to enter into Grant Service Agreements with the FY 2023-2024 ECIA Category 3 Grant Awardees

452
Rank Organization Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
1 Washington  Elementary PTA
Our program serves the Washington Elementary (PreK‐6th) student population by creating sustainable, edible gardens on school property that expand students’ nutritional options, provide more green spaces and enrich school science curricula. $ 20,000   $ 20,000  108.00
2 Things  That Creep Things That Creep will offer the Neighborhood Reptiles program, a hands‐on education experience combined with a science curriculum. This free program will serve 500 4th and 5th grade students in Richmond public schools including Olinda Elementary and Coronado Elementary.
$ 50,000   $ 50,000  100.67
3Y o u t h  Empowerment through Entrepreneurship
Steps 2 Success project is designed to provide youth in Richmond with tools for Success.

Three organizations will collaborate to provide youth with essential life skills while also providing tutoring and teaching goal setting, financial literacy, leadership development, and entrepreneurship.
$ 45,300   $ 18,500  97.00
4M e n  and Women of Valor
Bring an awareness of the physical, mental, and social damage to the individual brought about by one’s past actions.  We have lost our ability to function humanly due to homelessness and addictions.  Specific techniques will be practiced, and the goals are for the clients to gain a since of self.
$ 50,000   $ 18,200  94.00
5O s h i a n a Unique Thompkins Foundation
The Reach O.U.T Mode is creating an avenue for youth ages 10‐18 (focus: Richmond) to learn coding and gaming. Youth will discover the world of technical gaming engineering.

We are providing a place for them to be creative outward thinkers. They will learn what it takes to be coding and gaming developers for fu ture jobs or entrepreneurship. $ 30,000  92.33
6W e s t  County Reads
This project supports Richmond’s  efforts to increase
literacy among students by offering free books to WCCUSD teachers for their classroom libraries.

We aim to inspire increased, recreational reading to raise the literacy level. To complement this â€“ we will continue providing books at annual local community events. $ 35,535  87.33
7T o u c h  of New Life
Touch of New Life will help Richmond youth by providing various soft skills workshops needed to obtain public safety careers. Our goal is to educate, train and mentor youth to overcome quality of life issues as they strive for success and become good leaders within our communities.
$ 50,000  82.33
8K e y z  2 the Future
Youth Development Program that Empowers young women that are victims of gun violence through developing their leadership skills by increasing their reading comprehension, social skills, and ability to work through conflict resoluƟon. $ 47,350  76.67
9 Ephesians  Community Development Center
The (EXCEL) One‐Stop Technology Training Resource Center will: Provide state‐of‐the‐art computerized educational courses and computer training for adults and youth. Provide a computerized networking system and other social service programs. Be the designated meeting place for the Richmond Village and surrounding communities of the City of Richmond and West Con tra Costa County. Educational & Financial Literacy services operated through the Ex
$ 50,000  75.67
Total Requested/ Awarded $378,185 $106,700
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990N ORGANIZATIONS (Annual organizational budgets $50,000 or less)
Attachment 1
453
Rank Organization
Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
1T h e  Practice Space Club de Oratoria y Debate at Richmond High School is a Speech & Debate program facilitated in Spanish to support English Learners and newcomers. It provides safe, inclusive spaces to develop public speaking and oral literacy skills in a way that honors students' idenƟƟes and ancestries.
9,000.00$                           9,000.00$                      108.00 2 Desarrollo  Familiar Trauma‐Informed Care in Schools will provide bilingual (English/Spanish) mental health services for youth ages 11‐14 attending Lovonya Dejean Middle School and their families, and consultation and coaching for teachers and other staff. 50,000.00$                        10,000.00$                    106.67 3 Rubicon This program will expand on the success of the previously funded ECIA grant by providing structured, robust services and activities to increase self‐sufficiency and reduce recidivism for 45 formerly incarcerated people at medium to high risk of recidivism (as measured by CAIS score or equivalent).
50,000.00$                        25,000.00$                    106.67 4R o s i e  the Riveter Trust This is the 7th year of partnership between WCCSD, National Park Service, and Rosie the Riveter Trust to bring 1,200 4th graders from Title 1 schools (as a priority) and other public schools in Richmond and neighboring cities to Rosie the Riveter/World War II Home Front National Historical Park.
25,000.00$                        25,000.00$                    106.00 5T h e  Multicultural Institute The  Mentoring for Academic Success (MAS) program helps to reduce racial inequality in education by reaching students readiness for academic success and cultivating an interest in Science, Technology, Engineering, Art, and Mathematics fields. Along with tutoring and summer courses, Richmond students and their parents receive language and cult urally appropriate guidance.
50,000.00$                        25,000.00$                    105.33 6R i c h m o n d Main Street Initiative Richmond Main Street and CoBiz seek to offer recurring classes offered in English and Spanish, breaking language barriers that have long impacted Latin‐X entrepreneurs. In addition, these entrepreneurship classes aim to serve our Richmond BIPOC, Women, and Military Veteran entrepreneurs and small business owners. This project will encompass two parts to it, 1. New to Entrep
reneurship and, 2. Business Bootcamp for Current Entrepreneurs. 24,300.00$                        24,300.00$                    104.33 7R i c h m o n d Art Center Richmond  Art Center Free Community Arts Programs will encompass large‐scale events, arts education activities, arts engagement programs and community collaborations that are immersive learning experiences for Richmond community members of all ages.
50,000.00$                        103.67
8 Community  Violence Solutions CVS will provide targeted mental health support for underserved youth in the City of Richmond. Through a longstanding partnership with West Contra Costa Unified School District, CVS will raise awareness of the importance and availability of mental health services, identify youth in need, and deliver therapy services. 49,999.00$                        103.67
9Y E S  Nature to Neighborhoods The Pathway to the Outdoors Program uses an experiential outdoor education model to move youth and adults along a progressive continuum of leadership, life skills, and career skills development with a focus on community engagement and environmental stewardship. YES supports participants to become successful community leaders, health advocates, and change‐makers. 30,000.00$                        101.00
10 Fresh  Approach By lifting up community leadership and providing paid professional development opportunities, Fresh Approach will increase access to healthy, culturally relevant food options in food‐insecure neighborhoods. Community Ambassadors will be hired and trained to promote broad access to nutrition economically supportive programs at mobile and traditional farmers markets. 10,000.00$                        99.67
11 Richmond  Police Activities League
The STEM Equity Project seeks to close the technology gap by exposing low‐income youth of color to STEM opportunities and careers.  The project utilizes RPAL’s  LEGO robotics lab, podcast studio, and makerspace to expose youth to science, technology, engineering, and mathemaƟcs.
34,461.00$                        98.33
12 Scientific  Adventures for Girls Scientific Adventures for Girls will provide 27‐weeks of afterschool STEM programming for 375 Richmond girls in K‐6th grades at 11 schools in Richmond during the 2023‐2024 school year.
35,000.00$                        98.33
13 Salesian  Preparatory High School Salesian Environmental Preservation Project (SEPP) was born from a three‐phase sustainability plan to build global citizenship at Salesian College Preparatory, and to engage students in hands‐on learning through the practice of planting gardens, habitat d bl ll l f
15,000.00$                        97.67
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990 ORGANIZATIONS (Annual organizational budgets more  than $50,000)
454
Rank Organization
Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990 ORGANIZATIONS (Annual organizational budgets more  than $50,000)
14 18  Reasons Nourishing Pregnancy is a new program (launched in 2021) that increases food security, cooking confidence, and community support in order to increase health and well‐being among Black and Latinx birthing parents and their children. 20,000.00$                        97.33
15 Turning  Green In partnership with West Contra Costa Unified School District, Conscious Kitchen’s Ambassador Program will engage Richmond students in hands‐on educational activities and interactive lessons that develop leadership skills and age‐appropriate understanding of nutrition, health and well‐being; food systems and farm sourcing; meal preparation and food service; environmental impact and s ustainability.
49,918.00$                        97.33
16 Meals  on Wheels As our county continued to endure the pandemic, a new problem emerged. Seniors, who were the first to be asked to shelter in place, are now experiencing unprecedented isolation. Our program addresses these concerns by reintroducing structure and routine with regular known visitors and senior‐friendly tablets for socialization online. 9,000.00$                           96.67
17 Richmond  Museum of History and Culture Starting with a Museum tour, students will gather a general understanding of Richmond history. As a takeaway, students will receive a packet with a Richmond Map of historic sites and historic photographs. Students will be encouraged to visit and take modern photographs which will be displayed in a Museum exhibit. 36,700.00$                        95.00
18 Youth  Code Now To provide underserved and underrepresented children and youth in Richmond, enrichment through a research‐based and multicultural curriculum that supports scholars and their families through five essential components: high quality academic and character‐building enrichment; parent and family involvement; civic engagement and social action; intergenerational servant leadership development; and nutrition, health, and me ntal  health. 50,000.00$                        94.00
19 Building  Blocks for Kids BBK creates multigenerational spaces for wellness for Richmond families, parents, caregivers, and youth to expand healing, knowledge, and tools to strengthen emotional health and well‐being. Our healing‐centered care approach concurrently engages families in recognizing the systemic and environmental causes of personal and community trauma to spur self‐empowerment and acti
on.
44,450.00$                        93.67
20 Earth  Team Earth Team will offer a paid afterschool work‐based internship to 28 underserved youth enrolled in Richmonds public Title 1 high schools, promoting sustainability awareness, leadership, and service behaviors through environmental skills training and the building of community connections
42,627.00$                        93.67
21 Bright  Futures for Growth and Development Bright Futures Early Childhood Education program is designed to inspire and excel children ages 2‐5 years of age. We provide a safe and nurturing environment with curriculum based upon California Common Core State Requirements as well as the Early Childhood Environment Rating Scale. We also provide education to identified special‐needs an d  Title I students. 50,000.00$                        93.00
22 Greater  Richmond Interfaith Program GRIP is the only dedicated family shelter and resource center in West Contra Costa. The Family Shelter and Resource Center provides emergency shelter and transitional dorms, case management, financial literacy, housing stability resources, hot meals, transportation vouchers and specialized services dedicated toward the special needs of homeless and marginalized youth. 50,000.00$                        92.33
23 Social  Progress Inc This project will host (5) events which will all take place in the City of Richmond and North Richmond. The events will be open to all Richmond and North Richmond residents. The events will consist of The 4th of July Backpack Handout, Christmas Jingle Jam, CPR & First Aid and Earthquake Kit Workshop, Ri chmond Youth Etiquette Seminar, and Richmond Youth Financial Literacy Seminar. 25,000.00$                        92.00
24 Community  Housing Development
Corporation
CHDC will implement an intergenerational and youth mentoring program to address the struggles many seniors face ‐ maintaining physical activity, social engagement and feeling disconnected. Youth will mentor seniors on technology, gardening and physical activities, and collectively learn about horticulture, healthy eating/lifestyle, working across generations and respecting seniors. 50,000.00$                        91.33
25 West  Contra Costa Public Education Fund This project supports the citys efforts to remove systemic barriers that disproportionately affect Black youth. As an emergent program, we are developing mission, values and goals. One goal we have is to create a bi‐annual, youth‐focused event that covers topics such as health and wellness through multigenerational learning. 50,000.00$                        89.33
* Per requirements set forth in the FY 23‐24 ECIA guidelines, a maximum of $100,000 in grant awards was available to organizations with annual budgets over $750,000 (per their last completed 990s or audited financials). 455 Rank Organization
Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990 ORGANIZATIONS (Annual organizational budgets more  than $50,000)
26 Bay  Area Rescue Mission The "Love Without Limits" Program is a one‐year wrap‐around and individualized program designed to help female victims of domestic violence, human trafficking, and homelessness begin their journey to self‐sufficiency and a brighter future. The program gives these women the the stability, structure, counseling, GED classes, and vocational training they n eed  to succeed and heal. 50,000.00$                        89.00
27 Collaborising Black homeless people in Richmond who agree to coaching and are ready to make positive change in their lives will be taught housing readiness skills. Participants will develop goals and a plan for creating a personal roadmap towards successful transition to housing.
50,000.00$                        89.00
28 Rigchmond  Neighborhood Housing Services This program will assist residents with financial coaching and supporting financial wellness. 50,000.00$                        87.67 29 Berkeley  Baby Book Project Increase participation in the Dolly Parton's Imagination Library Program in Richmond. The Imagination Library Program mails new, age‐based, well‐selected, quality books monthly to children age 0 to 5. Research proves owning books from birth dramatically improves the odds of literacy and K‐Readiness. The BBBP registers children for the IL Program, pa ys for books, manages the database, does outreach and works with program partners. 25,000.00$                        87.33
30 Youth  Finance Institute of America Youth Finance Institute of America’s  Self‐Service Personal Finance Workshop Program educates youth about basic personal finance life skills. Our curriculum offers an opportunity for youth to break the cycle of poor money management habits. This program allows schools and non‐profits, located within Richmond, access to our curriculum, free of charge. 31,000.00$                        87.33
31 SparkPoint  Contra Costa SPCC provided various critical safety net resources during the pandemic and now wants to centralize the execution of these services to one Coordinator. This will ensure more efficient delivery of these important services to better support clients' financial recovery post‐pandemic
10,000.00$                        83.50
32 Moving  Forward for our Future Our projects are long term investments in the Richmond community founded in equity‐based, restorative practices. Our community cleanups, free community fitness classes, community hikes, We Run Richmond 5K, back‐to‐school giveaway, and Moving Forward Scholarship Program serve as academic support, health education empowerment, and leadership development for Richmond youth.
20,000.00$                        77.33
33 Wildcat  Canyon Community School This need‐based Scholarship program will support up to 15 Richmond students to attend Wildcat Canyon Community School, from Kindergarten to seventh grade. The curriculum connects students’ thoughts, feelings, and initiative so they know who they are and what they value. Garden educaƟon and movement are part of the core curriculum. 50,000.00$                        52.00
1,196,455.00$                   118,300.00$                 Total Requested/Awarded * Per requirements set forth in the FY 23‐24 ECIA guidelines, a maximum of $100,000 in grant awards was available to organizations with annual budgets over $750,000 (per their last completed 990s or audited financials). 456

1 RESOLUTION NO._________________

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE GRANT

SERVICE AGREEMENTS WITH NONPROFIT ORGANIZATIONS THAT RECEIVED

GRANT AWARDS FROM THE COUNCIL-APPROVED AWARD CATEGORY (CATEGORY 3) FOR FY 2023-2024 ENVIRONMENTAL AND COMMUNITY INVESTMENT AGREEMENT (ECIA) FOR AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00)

WHEREAS, on July 29, 2014, the City of Richmond and Chevron Products Company entered into the initial Chevron Modernization Project Environmental and Community Investment Agreement (“ECIA”); and

WHEREAS, the ECIA was amended in August 2015 and December 2015; and

WHEREAS, the ECIA provides $90 million to Richmond over a 10-year period ($80 million in revenue to the City and $10 million for a photovoltaic solar farm) and includes investments in community- based greenhouse gas reduction programs and various community programs, including but not limited to a competitive grant program; and

WHEREAS, $6 million is allocated to fund the competitive grant program which was established to fund community programs and non-profits focused on community, youth, and youth sports; and

WHEREAS, $325,000 is allocated for FY 202 3-2024 for grant awar ds within fou r (4) grant categories; and

WHEREAS, in FY 2023-2024 there is a total of $ 50,000 available to award in category 3 for category 1[organizations reporting gross receipts of equal to or less than $50,000 annually (990N)] and category 2 [organizations reporting gross receipts of more than $50,000 annually (990)]; and

WHEREAS, on December 20, 2022, the City Council authorized the release of the “Fiscal Year 2023-2024 Richmond - ECIA Community Grant Program Guidelines and Application”; and

WHEREAS, eligible organizations were required to have 501(c)(3) tax status and provide services to Richmond and/or North Richmond residents; and

WHEREAS, the application was released on December 27, 2022; and

WHEREAS, applications were due on February 5, 2023, and forty-four (44) organizations submitted eligible applications totaling nearly $1.2 million in funding requests; and

WHEREAS, after review by City staff for completeness, forty-two (42) applications were forwarded 457

2 for review and scoring by the Council-appointed ECIA Grant Review Committee; and

WHEREAS, the ECIA Grant Review Committee recommended to City Council that grants be awarded to ten (10) organizations in Category 1 and 2, for a total award amount not to exceed $325,000; and

WHEREAS, the City Council of the City of Richmond adopted the Resolution 55-23, to allocate FY 2023-2024 Environmental and Community Inv estment Agreement (“ECIA”) funds t o the grantees in Category 1 and 2, and authorized the City Manager’s Office to negotiate and execute contracts with award recipients; and

WHEREAS, after review by City staff for completeness, thirty-two (32) applications were forwarded for review and scoring to the Council-appointed ECIA Council Ad-Hoc Committee; and

WHEREAS, the ECIA Council Ad Hoc Committee recommended to City Council that grants be awarded to the following eight (8) organizations, for a total award amount not to exceed $50,000; and

Category 3
(990N and 990 Organizations)
Organization
Recommended
Award Amount
Collaborising $ 10,000
Keyz to the Future $ 5,000
Meals on Wheels $ 9,000
Moving Forward for Our Future $ 6,000
Oshiana Unique Thompkins Foundation $ 5,000
Richmond Museum of History and Culture $ 5,000
Richmond Neighborhood Housing Services $ 5,000
West County Reads $ 5,000
TOTAL $ 50,000

WHEREAS, the City Council received and accepted a staff report dated November 7, 2023, with regard to this resolution.

NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Richmond adopts the Resolution to allocate FY 2023-2024 Environmental and Community Investment Agreement (“ECIA”) funds to the grantees in the amounts specified above, and authorizes the City Manager’s Office to negotiate and execute contracts with award recipients; and

BE IT FURTHER RESOLVED, that the Council of the City of Richmond authorizes City staff to negotiate and enter into grant service agreements with the eight (8) recipient organizations and to provide 458

3 oversight to assure that deliverables are met and that activities and expenses are consistent with the intent of each agreement.

------------------------------------------------------

I certify that the foregoing Resolution was passed and adopted by the Members of the City Council of the City of Richmond, California at a regular meeting held on November ____, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

______________________________
Clerk of the City of Richmond
Approved:

_______________________________________
Mayor

Approved as to form:

________________________________________
City Attorney
459

November 7, 2023

Community Development

DATE: November 7, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Jesus M. Morales, Housing Manager

Subject:

Contract with Hatchuel Tabernik and Associates to
provide Program Evaluation Services
FINANCIAL IMPACT: The costs associated with this service will be paid for using the City’s $4.8 million Encampment Resolution
Funding Round 1; therefore, this contract will not have an impact on the City’s General Fund. Account string:
15061219-400201-16G07.

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

The City of Richmond (the “City”) received an
Encampment Resolution Funding Round 1 (ERF-1)
award totaling $4.8 M to resolve the Castro Vehicle
Encampment using a Housing First approach and restore
the site to its original use. The City’s Housing Division is seeking a third-party evaluator to document the project’s implementation and assess its performance vis-à-vis the goals and objectives outlined in its grant application.

RECOMMENDED ACTION:

APPROVE a contract with Hatchuel Tabernik and
Associates (HTA) in the amount of $40,000, to provide
evaluation services for the City’s Encampment
Resolution Funding Round 1 project, for a term from
November 7, 2023, through December 31, 2025, with an
option to increase the contract by an additional $40,000 upon evaluation of year 1 work and outcomes –
Community Development Department (Lina
Velasco/Jesus Morales 510-620-6649).

AGENDA
REPORT
460

November 7, 2023
DISCUSSION:

The City of Richmond (the “City”) received an Encampment Resolution Funding Round 1 (ERF-R-1) award totaling approximately $4.8 million. The City Housing Division proposed to leverage the funds to improve the living conditions of roughly 100 residents at the Castro Encampment by implementing a targeted, stepped approach to successfully transitioning residents to stable housing, which will allow the site to be resolved and restored to its intended purpose. The City seeks an evaluator to document the project’s implementation and assess its performance vis-à-vis the goals and objectives in the grant application.

Therefore, Community Development staff is seeking City Council approval of a $40,000 contract with Hatchuel Tabernik and Associates (HTA) to provide evaluation services for the City’s Encampment Resolution Funding Round 1 project, with a $40,000 option to evaluate year 2 work and outcomes. The evaluation report will be used to share lessons learned and inform future services to the unhoused population.

Procurement Process

On September 7, 2023, the Housing Division issued a focused solicitation by releasing a Request for Proposals (RFP), via email, to six firms. Proposals were due on September 21, 2023. One proposal was received. The one proposal was reviewed and evaluated to meet the qualifications specified in the RFP. Community Development staff is recommending HTA for contracting.

HTA’s Experience

HTA is well poised to assist the City in this regard as it is aware of the City’s stated objectives for the ERF project and will assist in documenting lessons learned and also providing recommendations for improvement of service delivery. HTA has helped many agencies design strategic and evaluation plans that enhance their clients’ capacity to deliver effective services and support to community members in a collaborative, systematic, and intentional way.

As part of the evaluation services, HTA will develop a framework for assessing the first year of implementation by producing focus group and key informant interview protocols to solicit feedback from community resident board members (via focus group), direct service providers, City partners, County health department staff, City staff, and business representatives (via interviews), and a plan for collecting archival service and program data and written summary grant documents. The framework will include a focused literature review on metrics and measures for homelessness programs, as needed.

These evaluation reports will assist in summarizing program outcomes, sharing lessons learned, and providing recommendations for improvements.

461

November 7, 2023
HTA has been designing and conducting program evaluations since 1996. In the past five years alone, HTA has provided evaluation services to over 65 agencies and planned and conducted over 110 distinct evaluations. Their clients for evaluation projects have included scores of Bay Area school districts, Community Colleges, County Offices of Education, city and county agencies, cross-agency collaboratives, community-based organizations, universities, and private foundations.

CONCLUSION:

HTA has over 20 years of success in writing government, foundation, and corporate grant proposals and contracts – yielding their clients over $800 million in funding since 1997. In addition, their service and knowledge of social services has helped the City obtain two successful ERF applications. Their knowledge of the City’s ERF-R-1 proposal and their ability to evaluate the City’s work will assist the City in sharing its lessons learned and recommendations for improving service delivery.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract
Attachment 2 – Request for Proposal
462

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.

463

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
464
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:

465
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Work Scope, Timeline, and Budget for Year 1 Evaluation
This scope of work captures how we can support the work of the City based on our preliminary conversations with Lina Velasco, Community Development Director, and our review of the RFP.

We welcome suggestions for modifications or additions to this proposal in order to ensure that it adequately serves your organizational needs.

Launch. HTA will kick off the project with two videoconference calls with Lina Velasco, Community Development Director, and any other pertinent parties to review the expectations, roles, and a project timeline. We will walk through the proposed evaluation and work plan in the proposal, clarifying roles and responsibilities around guiding questions, goals and objectives, and data collection. We will also ask for additional background materials relevant to the project (e.g., program documents, existing forms, implementation plans, etc.), and discuss the implementation progress to date.

Developing the Evaluation Framework. HTA will develop a framework for assessing the first year of implementation by producing focus group and key informant interview protocols to solicit feedback from community resident board members (via focus group, in-person or hybrid, as needed), direct service providers, City partners (such as All Home and Homebase), County health department staff, HCD staff, business representatives, and former Castro encampment residents (via interviews), and a plan for collecting archival service and program data and written summary grant documents from Homebase and the California Interagency Council on Homelessness. The framework will include a focused literature review on metrics and measures for housing development programs, as needed. The evaluation framework will also outline a plan for collecting new and existing service and programmatic data (e.g., archival service delivery reports, client-level program data, Homeless Management Information System (HMIS) client-level data, and quarterly and annual grantee reports submitted to the funder, etc.) on an ongoing basis. During this phase, HTA will ensure that the evaluation framework, proposed instruments, and proposed data collection methods are developed with an equity lens. This means considering: 1) the cultural appropriateness and validity of proposed methods; 2) the effect of program components on different populations and on 3) underlying systemic drivers of inequity; and 4) the ways in which cultural context intersects with both structural conditions and the program itself.

Year 1 Data Collection and Reporting. HTA will collect and analyze baseline data that covers the period of the first year of implementation, from July 2022- June 2023:
• 2 In-person/Hybrid Focus Groups (with provision of $50 stipends for up to 12 participants) • Up to 15 Key Informant Phone Interviews
• Aggregated archival program and service data on the target population • Written summary grant documents
• HMIS client-level data
HTA will produce a brief Year 1 Evaluation Report summarizing the main program activities (compared to the initial plans in the grant application), the results from the baseline data analysis, key lessons learned, and recommendations relevant for the second year of implementation.

Across all phases, HTA will communicate regularly with the client to report on progress and communicate immediately about any challenges that may delay the evaluation work plan. 466
Prepared by Hatchuel Tabernik & Associates Page 8
Year 1 Evaluation Timeline. Below we present the proposed timeline, subject to change.

Starting:

Planning Launch evaluation Week 1
Follow-up Discovery Meeting Week 1
Develop evaluation framework Week 2
Develop focus group protocol Week 3
Develop interview protocol Week 3
Data Collection &
Analysis
Collect written summary grant documents Week 1
Collect archival program & service data Week 4
Collect HMIS client-level data Week 4
Conduct up to 15 interviews Week 4
Conduct 2 focus groups Week 4
Analyze quantitative data Week 6
Analyze qualitative data Week 8
Reporting Draft Year 1 Report and solicit feedback from HCD Week 9 Present Year 1 Report to HCD Week 15

Year 1 Evaluation Budget. Assuming that there is no substantive change in the scope of work for the Year 1 evaluation described above, the City of Richmond will be billed a flat rate of $40,000 to be invoiced in monthly payments.

Pricing of services is calculated based on the following hourly rates:

CEO $275/hr.

Chief $225/hr.

Senior Associate $200/hr.

Associate $175/hr.

Consultant $150/hr.

Data Entry $100/hr.

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

Year 1 Evaluation Budget Breakdown
Activity Total
Hours
Total
Cost
Evaluation Planning
Start Up
Project Launch Meeting + Prep

Follow up Session

Subtotal 7.5 $1,463
467
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Activity Total
Hours
Total
Cost
Literature/Research/ Document Review
Background document review

Subtotal 6 $1,050
Evaluation Plan
Evaluation Plan

Subtotal 9 $1,675
Instrument Design
Focus group protocols

Master Protocol for Key Informant Interviews

Reviewing existing programmatic data (e.g., HMIS and quarterly and annual reports to the state)

Data requests (HMIS and programmatic data)

Subtotal 46 $8,250
Evaluation Implementation
Data Collection
Scheduling interviews/focus groups

Focus Groups

Key Informant Interviews

Archival data collection

Programmatic Data (e.g., HMIS)

Subtotal 32 $5,600
Evaluation Reporting
Data Analysis
Focus Group Analysis

Interview Analysis

Archival Data Analysis

Subtotal 62 $10,850
Reporting
Year 1 Report

Subtotal 36 $6,700
Additional Tasks
Project Management
Project Management

Subtotal 8 $1,400
Meetings/Facilitation
Client/project check-ins (monthly)

Subtotal 6 $1,050
Travel
Focus groups, if in-person

Subtotal 2 $350
468
Prepared by Hatchuel Tabernik & Associates Page 10
Activity Total
Hours
Total
Cost
Administrative Cost @ 3% $1,012
Additional Expenses
Stipends for focus group

Subtotal

$600
Total Additional Expenses $600
Total Cost 214.5 $40,000

Second-Year Option
The RFP states that the City “anticipates that a second-year option, not to exceed $40,000, will be exercised if the City is satisfied with the services rendered in the original contract”. If the City chooses to exercise their second-year option with HTA, we will work closely with the City to develop a detailed work scope and timeline aligned with the budget of $40,000 (inclusive of all expenses).

469
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 470
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:

471
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, C opyrights 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, 472
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. 473
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 C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 474
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 475
General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

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

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 477
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 478
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 479
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 480
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.

481
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 482
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.

483
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. 484
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):

485
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.

486

EXHIBIT G
487
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
488
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

489
___ 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.

490

COMMUNITY DEVELOPMENT DEPARTMENT

MEMORANDUM

DATE: NOVEMBER 7, 2023

TO: MAYOR MARTINEZ AND CITY COUNCIL

FROM: LINA VELASCO, DIRECTOR OF COMMUNITY DEVELOPMENT
JESUS M. MORALES, HOUSING MANAGER

RE: MEMO FOR REQUEST FOR PROPOSAL (RFP) FOR THIRD-PARTY

EVALUATION OF ENCAMPMENT RESOLUTION PROJECT

On September 7, 2023, the Community Development Department solicited a Request for Proposals (RFP) for Evaluation of the City of Richmond’s First Encampment Resolution Funding (ERF-R-1) to support the Housing Division. The RFP was sent to six vendors via email as an informal solicitation. Only Hatchuel Tabernik & Associates (HTA) responded to the RFP. The one proposal received was reviewed and evaluated and is being recommended for approval.

Request for Proposals were sent to the following vendors:

VENDOR EMAIL
West Ed [email protected]
EvalCorp [email protected]
Hatchuel Tabernik & Associates (HTA) [email protected] Amalia Cunninham Consulting [email protected] Dalberg [email protected]
The Glen Price Group [email protected]

491
From: Soco Montore
Cc: Soco Montore
Bcc: [email protected]; [email protected]; Russ Lobar; [email protected]; Joe Dougherty; [email protected]
Subject: Request for Proposals (RFP) - Evaluation of the City of Richmond’s first Encampment Resolution Funding (ERF-R- 1)
Date: Thursday, September 7, 2023 12:43:00 PM
Attachments: Third Party Eval. Encamp. Reso_RFP - FINAL.pdf Importance: High
Hello Prospective Respondents,

The City of Richmond Community Development Department's Housing Division seeks a qualified consultant to complete an Evaluation of the City of Richmond's first Encampment Resolution Funding (ERF-R-1) Project focused on the Castro Encampment to document activities, share lessons learned, evaluate outcomes and objectives, and provide recommendations for the second year of work and the City's second ERF-R-2 Project.

If you are interested in submitting your proposals, please see the attached Request for Proposals (RFP) for requirements and deadlines. If, at the moment, you cannot do so, please let me know via email that you cannot submit your proposals for the Third Party Evaluation of Encampment Resolution Project.

Thank you,

S o c o M o n t o r e
C I T Y O F R I C H M O N D |Planning Division
450 Civic Center Plaza, 2nd Floor | Richmond, CA 94804
Tel: 510-620-6705 | Fax: 510-620-6858 | [email protected] | www.ci.richmond.ca.us/Planning

þ Please consider the environment before printing this message. P

BEWARE! WIRE FRAUD IS ON THE RISE. Accepting wire and disbursement instructions via email can be dangerous, especially changes to those instructions. Always verify by calling the email's originator using previously known contact information before sending funds.

492

COMMUNITY DEVELOPMENT DEPARTMENT

HOUSING DIVISION

REQUEST FOR PROPOSALS (RFP)

THIRD-PARTY EVALUATION OF

ENCAMPMENT RESOLUTION PROJECT

Today’s Date: September 7, 2023

Closing Date and Time: September 21, 2023, by 4:00 PM PST

Electronic Submittal: Via Email to: [email protected]

Contact Person: L ina Velasco, Director of Community Development [email protected]

493

City of Richmond September 7, 2023 Request for Proposals (RFP) – Third Party Evaluation of ERF-R-1 Project Page 1

I. Statement of Purpose

The City of Richmond Community Development Department’s Housing Division seeks a qualified consultant to complete an Evaluation of the City of Richmond’s first Encampment Resolution Funding (ERF-R-1) Project focused on the Castro Encampment to document activities, share lessons learned, evaluate outcomes and objectives, and provide recommendations for the second year of work and the City’s second ERF-R-2 Project.

II. Scope of Services

The Housing Division seeks a qualified consultant to complete an evaluation of the City of Richmond’s first Encampment Resolution Funding (ERF-R-1) Project focused on the Castro Encampment to documents activities, share lessons learned, and evaluate outcomes and objectives. The consultant will also provide recommendations for the second year of work and the City’s second ERF-R-2 project. The scope of services should include interviews with implementation partners, staff, and clients, as well as grant project reports and Homeless Management Information System (HMIS) data.

Project Background:

The ERF-R-1 project was awarded in April 2022 and recently completed its first year of a 2-year implementation period. The project was to resolve a vehicle encampment containing about 102 people using a Housing First Approach and to restore the site to its original purpose as a Bay Trail segment.

Evaluation Purpose:

The purpose of the evaluation will be to assess progress made to date and identify areas for improvement towards maximizing achievement of the planned results and future programming.

Evaluation Scope:

Provide information, extract lessons, and suggest recommendations based on the work completed to date and inform future activities and efforts carried out by the City in the second year of work and beyond, including the City’s second ERF project. The evaluation will also include an assessment of service quality and recommendations for improvement. The evaluation should include a full analysis of best practices, challenges, missteps, and suggestions for improvement.

Information Sources:

The Evaluation Team shall familiarize itself with the project documentation. City staff will ensure that all relevant documents are available to the Team prior to commencement 494

City of Richmond September 7, 2023 Request for Proposals (RFP) – Third Party Evaluation of ERF-R-1 Project Page 2

of the fieldwork.

The documents will include, but are not limited to:

• Project Work Plans
• Quarterly and Semi-Annual Reports
• Monitoring and Evaluation Indicator Tracking Sheets
• Baseline Data/HMIS Data
• Other documents, as required Methodology

The Team performing this project performance evaluation shall review all the relevant documents pertaining to the project. The Team will also meet and interview members from implementing partners and other stakeholders as relevant and permissible, given operational sensitivities. The Team can propose their own methodology with consideration of operational sensitivities. However, the program should be implemented through document review, key informant interviews and site visits as appropriate.

Evaluation methods should consider equity.

Evaluation Timeline:

The ERF-R-1 project evaluation should be completed within 4 months of a notice to proceed.

III. Minimum Qualifications

Must have at least 5 years of experience completing evaluations of social services programs by public agencies. Specific experience evaluating housing-related or homelessness programs is desired.

IV. Funding

The scope of services shall not exceed $40,000 (inclusive of all expenses). The work will be funded by the City’s ERF-R-1 grant. This RFP anticipates that a second-year option, not to exceed $40,000, for evaluation services will be exercised if the City is satisfied with the services rendered in the original contract.

V. Review and Selection Criteria

1. Determination of Responsiveness: A responsive proposal conforms to the instructions set forth in this solicitation and any modifications to it. Non- responsive proposals will be rejected. The City, in its sole discretion, may waive non-consequential deviations if the deviations cannot have provided an advantage over other proposers.

2. Proposal Evaluation: The City will establish an evaluation committee which will evaluate responsive proposals based on the criteria specified in this 495

City of Richmond September 7, 2023 Request for Proposals (RFP) – Third Party Evaluation of ERF-R-1 Project Page 3

solicitation. The committee may then recommend one or more top-ranked proposers for final negotiation of contract terms or may invite one or more proposers for oral presentations and demonstrations, following which those proposers may be allowed to amend their proposals. Proposals will be evaluated based on experience, approach to the scope of services requested, ability to complete the work within the specified timeframe, and overall value of services, determined by pricing and scope of work.

VI. Submission Requirements

Interested parties must submit all the following documentation to be considered as a Respondent for this RFP:

1. A Letter of Interest summarizing interest in the work scope and relevant experience and abilities, and any exceptions taken to the City’s Standard Contract.

2. Qualifications and Experience - 4 Pages Maximum:
a. Provide a statement of qualifications for your organization, including an organization chart (1-page maximum), a statement of the size of firm, a description of services provided by your organization, and a statement of the extent of experience/history providing the services requested by this RFP.
b. How many fulltime employees (FTEs) do you plan to assign to this project if you are selected?
c. How many people in total are employed by your company? Delineate between employees and consultants.
d. List the professional qualifications for individuals that would be assigned to provide services requested by this RFP, including date and educational institutions of any applicable degrees, additional applicable training (certifications for evidence-based programs), and any professional certifications and/or licensing.

3. Philosophy and Service Model - 2 Pages Maximum: This section describes your organization’s philosophy and service model for meeting the services required by this RFP. Relevant considerations include the quality and feasibility of your approach to meeting these needs, how your organization will plan to provide adequate staffing (including planning for absences and back-up coverage, training, background checks, and staff monitoring, etc.), and equipment or other resources provided by you (if applicable). Keep these considerations in mind as you respond to the following:
a. Describe how you will fulfill the needs of the City described in this RFP.
b. List your needs for physical space and/or equipment from the City during this engagement, if any, aside from space or equipment that would be provided by the City as an aspect of the requested services 496

City of Richmond September 7, 2023 Request for Proposals (RFP) – Third Party Evaluation of ERF-R-1 Project Page 4

(for example, computers to document services, software, etc.). c. Identify how you will meet all other aspects of the scope of work and related requirements stated above.
d. List any items that you cannot provide.
e. Provide information on any other pertinent services, if any, that you will offer that will reduce costs or enhance revenue for the City.

4. Provide a work scope, including timeline, and budget for the requested scope of services. – 5 page Maximum.

5. References - 1 Page Maximum.
a. List at least three business references for which you have recently provided similar services. Include contact names, titles, phone numbers and e-mail addresses for all references provided.

Please submit your Proposal electronically via email to [email protected] by 4:00
PM PST on September 21, 2023. Late proposals will not be accepted.

VII. Inquiries

Consultants are encouraged to promptly notify the City of any apparent major inconsistencies, problems, or ambiguities in this RFP. Any requests for clarification or other questions concerning this RFP must be submitted in writing email to [email protected]. by 5:00 PM on September 13, 2023.

If the City finds it necessary to issue an addendum to this RFP, you will receive email notification of such addendum. Otherwise, answers to questions received will be emailed by September 15, 2023.

Any Consultant submitting a response to this RFP shall not contact or lobby any City Council member, City official, employee (except those specified for contact) or agent regarding this RFP. Any party attempting to influence or circumvent the RFP, qualifications submittal, and review process may have their qualifications rejected for violating this provision of the RFP.

VIII. RFP Schedule

RFP Issued September 7, 2023
Deadline for RFP Questions September 13, 2023, by 5:00 PM RFP Q&A Posted September 15, 2023
Proposals Due September 21, 2023, 4:00 PM
RFP Interviews* October 2023
Selection of Firm* October 2023
*The City reserves the right to modify the above schedule and to not hold interviews.

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City of Richmond September 7, 2023 Request for Proposals (RFP) – Third Party Evaluation of ERF-R-1 Project Page 5

IX. City Disclaimer

The City reserves the right to reject any or all the Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City needs. The City also reserves the right to reduce or revise elements of the scope of services, or to amend or modify the contractual requirements, or to negotiate with any qualified consultant.

No representation is made that any contract will be awarded pursuant to this RFP. In no way shall a contract be viewed as exclusive. The City reserves the right to retain additional consultants as necessary. All costs incurred in the preparation of the qualification, in the submissions of additional information and/or in any other aspect of qualification prior to the award of a written contract will be borne by the proposed firm.

All qualifications submitted to the City in response to this RFP will become the property of the City of Richmond and will not be returned. The “technical” portion of the Proposal will be considered public information.

X. Comments/Questions on the City Standard Contract

The City’s standard service provider agreement, which the Consultant Team will be required to sign, is attached for your consideration (see Exhibit A).

The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Contract (Exhibit A). If the proposer does take exception(s) to any portion of the RFP or contract, the specific portion to which exception(s) is taken must be identified by section number and explained. Requests for changes, additions or requesting deletion of specific words and/or by providing new requested contract language shall be provided. Requests for complete replacement of the City of Richmond’s Standard Contract for another contract will not be considered. Failure to make exceptions to the RFP or Standard Contract within the Proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process and are not guaranteed to be approved.

XI. Insurance Requirements

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

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City of Richmond September 7, 2023 Request for Proposals (RFP) – Third Party Evaluation of ERF-R-1 Project Page 6

XII. Business Licenses

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

XIII. Sanctuary City Contracting Ordinance (SCCO)

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

Bidders/Proposers must submit the attached Sanctuary City Compliance Statement with their Bid or Proposal/Qualifications (Exhibit D).

XIV. Limited Liability Companies Disclosure Statement (LLCS)

Resolution No. 86-21, approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited Liability Corporations (LLC) (Exhibit E). Bidders/Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Bid or Proposal (Exhibit F).

Exhibits
Exhibit A: City Standard Contract
Exhibit B: Insurance Requirements
Exhibit C: Richmond Sanctuary City Contracting Ordinance No. 12-18 N.S.

Exhibit D: Sanctuary City Compliance Statement
Exhibit E: Limited Liability Corporations (LLC), Resolution No. 86-21 Exhibit F: Disclosure Statement of Limited Liability Companies Form

499

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.

500

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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

501
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:

502
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.

503
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 505
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. 506
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. 507
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 508
General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

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

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

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

15. Indemnification
.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 510
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 511
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 512
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 513
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.

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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 515
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.

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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. 517
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):

518
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.

519
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
520
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

521
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

The fact that
insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

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

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

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

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

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

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

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

Reporting Requirements

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

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

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CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:

a. "Data Broker” means either of the following:

i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;

ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.

b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."

Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020) 526
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Disclosure Statement for Limited Liability Companies

Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.

If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual person(s) is/are disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________

Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________
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