Richmond City Council
November 28, 2023

November 28, 2023

Library and Community Services

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Sam Vaughn, Deputy Director of Community Services –
Office of Neighborhood Safety
Subject:

Community Crisis Response Program Development
Update
FINANCIAL IMPACT: The City Council allocated $1 million to support the implementation of a Community Crisis Response
Program (CCRP) in Richmond (01204022 400201
RI200). City staff believe this is sufficient to cover support from Urban Strategies Council, pre-start-up costs, and
personnel costs.

Although staff is still refining the budget, currently, the estimated cost to implement a CCRP program (if the
program is to operate 24 hours per day and 7 days per
week) could be approximately $2.76 million annually
(without cost pool) and up to $3.37 million (with cost
pool). A model with less operational hours or a smaller team could result in lower annual cost.

PREVIOUS COUNCIL
ACTION:

September 12, 2023

STATEMENT OF THE
ISSUE:

On July 26, 2022, the City Council approved a contract
with Urban Strategies Council (USC) to conduct research and analysis of various Community Crisis Response
Program (CCRP) options and set forth recommendations.

Per City Council direction provided on September 12,
2023, City staff would like to provide a program update regarding CCRP implementation.

AGENDA
REPORT
368

November 28, 2023
RECOMMENDED ACTION:

RECEIVE a draft report and presentation from Urban
Strategies Council regarding Community Crisis
Response Program model options – Community Services
Department (LaShonda White 510-620-6828/Sam
Vaughn 510-620-5404).

DISCUSSION:

Background

The Community Crisis Program (CCRP) began taking root in November 2020 amidst conversations within the Reimagining Public Safety Task Force (Task Force). On July 26, 2022, the City Council approved a contract with Urban Strategies Council (USC) to conduct research and analysis of various Community Crisis Response Program (CCRP) options and set forth recommendations.

USC was contracted by the City of Richmond to assess program model options and develop a pilot initiative for a non-police response to low-level 911 calls serving Richmond residents. USC engaged Richmond residents and community stakeholders in a community survey, focus groups, community meetings, organization presentations, and direct interviews to better understand their experiences with the 911 system, crisis resources, and aspirations for new response strategies.

Additional information regarding CCRP can be found at
https://www.ci.richmond.ca.us/4451/Community-Crisis-Response-Program.

What is Community or Alternative Crisis Response?

CCRP provides a diversion model to reduce reliance on police and criminal justice responses by offering a public health response. A proposed CCRP program would provide an opportunity to improve access to mental health and other community services in Richmond and would also navigate people to the right services at the right time by utilizing community responders with strong ties and connections to Richmond that can respond in a respectful and non-stigmatizing manner.

Some of the desired impacts of CCRP are to reduce the engagement of frequent utilizers of emergency services with Richmond Police Department (RPD) and Richmond Fire Department (RFD); reduce the number of behavioral health and lower acuity calls traditionally responded to by the RPD and RFD; and provide communities with a supportive response option that enables connection to services. CCRP is an opportunity to provide community-focused, trauma-informed, and healing-centered call responses by well-trained non-police personnel who can increase impacted individuals’ access and connection to timely, appropriate, and safe community-based services and resources.

The specific types of calls will be developed by the key stakeholders (CCRP staff, RPD, 369

November 28, 2023
RFD, and 911 dispatchers). Situations that are commonly and successfully responded to by an alternative response program may include:

 Trespasser/unwanted person
 Loitering
 Public urination/indecent
exposure (without criminal
intent)
 Wellness check
 Subject down (often resident
asleep in public)
 Found syringe
 Person screaming
 Person needing referral to
services
 People in vehicles/camping in
public
 Person drunk in public
 Panhandling/Aggressive
Panhandling
 Disorderly juveniles - group
 Auto Disturbance - noise,
revving engine
 Loud music - Noise complaint
 Incorrigible juvenile
 Confused/senile person
 Family dispute
 Neighbor disputes
 Incomplete 911 call

September 2023 City Council Direction

On September 12, 2023, Urban Strategies Council, in collaboration with City staff, presented a program update and draft report outlining potential program components and options for CCRP implementation.

USC identified five (5) potential structural options for the City to consider ranging from the City instituting the CCRP program within the City of Richmond (new or existing department), implementing the program with a non-profit organization, or collaborating with Contra Costa County Health Services. After presentation and discussion, City Council provided direction for the following:

Direct staff in partnership with Urban Strategies Council to move forward with option 2 (institute the Community Crisis Response Program within an existing city department), specifically within the Office of Neighborhood Safety (ONS); bring the ONS director to the table to propose new community crisis response program division structural options by November 2023, presenting proposal for program design implementation plan and timelines for launch by August 2024; and draft job descriptions to ensure they are approved and posted publicly by December 15, 2023.

A friendly amendment made by Vice Mayor McLaughlin to have staff work with the Reimagining Public Safety Community Task Force to develop the proposal for the structure of the Community Advisory Board including purpose, powers, and composition was accepted.

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November 28, 2023
Proposed Operation Structure

Per City Council direction, this program was discussed with the ONS director (official title is the Deputy Director of Community Services – Office of Neighborhood Safety).

After internal staff discussion, it was determined that the CCRP should not sit within ONS but instead could either sit as (1) a separate division under the direction of the ONS director, or (2) a separate division within the Community Services Department under the direction of the Deputy City Manager for Community Services. Please note that the meet and confer process still needs to occur; therefore, a decision regarding the organizational structure is not final. Both options are illustrated below.

Option 1:

It is recommended that the CCRP operate as a separate program instead of a program within the Office of Neighborhood Safety (ONS). Where appropriate, the two programs will work together, but it is important to the integrity of ONS, that the programs remain separate. Both programs could be overseen by the Deputy Director of Community Services – ONS and will be run by two distinct program managers. The proposed organizational structure is provided below:

Option 2:

As in option 1 above, it is recommended that the CCRP could operate as a separate program instead of a program within the Office of Neighborhood Safety (ONS). Where appropriate, the two programs will work together; however, it is important to the integrity of ONS, that the programs remain separate. In this option, the City would still hire a CCRP Manager, and that person would report directly to the Deputy City Manager for Community Services. The proposed organizational structure is provided below:

Regardless of the option selected, CCRP would benefit from and be supported by the lessons learned, relationships built with internal and external partners, and culture of caring for the “whole person” that is inherit in the ONS model. City staff, with the support of Human Resources, has developed a program manager job description that, per City Deputy Director of Community
Services - ONS & CCRP OR Social
Services OR Other Title
Office of
Neighborhood Safety
(ONS Manager)
Community Crisis
Reporting Program
(CCRP Manager)
371

November 28, 2023
Council direction, will be publicly posted. This position is exempt and considering CCRP is a new project, will provide the City with the greatest flexibility. It is important to note that regardless of the final structural option, City staff will create metrics to allow for analysis and evaluation of the program to ensure the program is effective and meets the needs of the community. Upon conclusion of the meet and confer process, staff will return to City Council with an update.

Estimated Program Costs

Pilot program rollout timeline depends on the implementation decisions, as do the estimated pilot costs. The CCRP pilot should run for 18 months to two years. Currently, the estimated cost to implement a CCRP program (if the program is to operate 24 hours per day and 7 days per week) could be approximately $2.76 million annually (without cost pool) and up to $3.37 million (with cost pool). A model with less operational hours or a smaller team could result in a lower annual cost. A more detailed breakdown of the costs is included below.

City staff is still working on a refined budget, but below are estimates for operating start- up costs (without cost pool) and personnel costs based on hiring dates this fiscal year. The total estimate that might be spent in FY 2023-24 is approximately $756,773.

Operating Costs: City staff estimate approximately $378,000 for start-up costs (operating costs – see below). This does not include cost pool, as per Finance staff, cost pool charges will not be assessed and added to the new established CCRP until FY 2024-25 or FY 2025-26. The annual operating budget is estimated at $342,500 annually. Please note that Finance receives cost pool numbers from a consultant and this analysis is in progress.

Draft Operating Budget
Annual Start-up
Item Estimated Costs
Computers/Phones/Radios (purchase) $55,000 $55,000
Database $20,000 $20,000 $20,000
Computers/Phones/Radios (service plans, software, etc.) $15,000 $15,000 $- Professional assistance (TA, data services, program innovation) $25,000 $25,000 $- Translation/interpretation $2,500 $2,500 $1,000
Evaluation $25,000 $25,000 $-
Training & staff development $30,000 $30,000 $30,000 Community outreach & engagement $20,000 $20,000 $-
Meal allowance $2,000 $2,000 $-
Office supplies $15,000 $15,000 $2,500
Equipment rental (XEROX) $5,500 $5,500 $5,500
Furniture $10,000 $- $10,000
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November 28, 2023
Dues & Publications $5,000 $5,000
Supplies (for client - first aid, PPE, supportive services, snacks, emergency housing, etc.) $25,000 $25,000 $6,000
Vehicles (2 vans) $200,000 $200,000
Electronic health records & filling (Medicare reimbursement) $15,000 $15,000 $- Ambassadors ($1,000/month for 12 months for 10 people) $120,000 $120,000 $40,000 Mis Expenses (food for meetings, events, etc.) $10,000 $10,000 $2,000 Uniforms $7,500 $7,500 $6,000

ESTIMATED TOTAL $607,500 $342,500 $378,000

Personnel: The estimated personnel costs for FY 2023-24 are approximately $378,773 (covers Project Manager II at step 3 for five months, 3 community crisis responders and 3 EMTs for three months, 1 analyst for three months, and Part-time/intern support).

These numbers are rough order or magnitude estimates and will depend on how quickly new job descriptions are finalized and staff hired. The annual personnel costs are estimated at $2,421,993. Again, these numbers are estimates and subject to change based on further analysis.

DRAFT Personnel Estimates (based on class & comp numbers, 85% benefit, possible hiring dates)

Salary # Salary
Subtotal
Benefits Total
Compensation
- 12 months
Monthly Start-up
(for FY
23-24)
Notes

0.85 TOTAL with
benefits

Program
Manager (PM II
Step 3)
$164,676 1 $164,676 $139,975 $304,651 $25,388 $126,938 1 position for 5 months
Associate Admin
Analyst (step 3)
$94,510 1 $94,510 $80,333 $174,843 $14,570 $43,711 1 position for 3 months
Community Crisis
Responder (new)
$70,000 6 $420,000 $357,000 $777,000 $64,750 $97,125 3 positions for 3 months
EMT (new) $ 80,000 6 $480,000 $408,000 $888,000 $74,000 $111,000 3 positions for 3 months
Mental Health
Clinician (new)
$150,000 1 $150,000 $127,500 $277,500 $23,125
Student Admin
Intern
$ 20,000 1 $20,000 $20,000
TOTAL 16 $1,329,186 $1,112,808 $2,421,993 $201,833 $378,773

Timeline and Phases

Prior to the implementation of the pilot, the planning team will create initial administrative and clinical methods, identify logistical needs and considerations, and begin to build resource and referral networks. Overall, there are extensive questions, 373

November 28, 2023
protocols, procedural issues, and structural components that need to be addressed (e.g., program evaluation, oversight, training, department coordination, staffing requirements, inter-agency agreements, etc.) before the initiation of any program implementation within the community. Pre-implementation work is proposed to occur in three phases to enable a launch date in August 2024 (items listed within phases are subject to change and may happen in other phases).

Phase 1: September – December 2023

 Hire of administrative student intern from University of California, Berkeley Masters of Social Welfare program
 Collaboration with ONS to determine proposed operational structure  Provide update to City Council on November 28, 2023 (per City Council direction)  Work with Human Resources to refine and release a job announcement for a program manager position to lead the CCRP work (release by December 15, 2023)
 Conduct informational interviews with West Hollywood, CA (WeHo), Oakland, CA (MACRO), Long Beach, CA (CCR), Eugene, OR (CaHOOTS), and maintain ongoing communication
 Identifying and convening an internal city planning/support team  USC support of Task Force’s proposed development of the Community Advisory Board
 Update draft budget
 Confirm staffing model
 Update CCRP webpage
 Continue coordination with CCC A3 program to discuss program integration, training, outreach, etc. is in place for A3 in Richmond  Work with Richmond’s Fleet Division to purchase one or more vehicles (depending on program option)
 Funding research - opportunities and considerations (will continue through other phases and after implementation)

Phase 2: January – March 2024

 Hire a CCRP Program Manager
 Discuss dispatch and training with RPD and RFD, and identify initial parameters of situations to dispatch to CCRP
 Discuss hiring and placement of EMTs with CCC EMS and RFD  Engage with City legal staff and risk management to identify initial legal/insurance/compliance issues
 Draft job descriptions and begin recruitment of other CCRP positions with assistance of CCRP Program Manager
 Identifying facility needs to house CCRP
 Develop Identify necessary staff training protocols from local/county resources (i.e., de-escalation, cultural humility, mental health first aid, etc.) 374

November 28, 2023
 Collaboration with County - how to share information/data/patient files; establish ongoing communication, explore developing data sharing agreements, and MOUs to streamline information sharing.

Phase 3: April 2024 – July 2024

 Recruit/appoint Community Advisory Board (CAB) members  Develop specially designed protocols for CCRP service call referrals and follow up
 Identifying and ordering equipment such as communications and computers  Identify first-aid and non-first aid supplies needed such as PPE, comfort items (i.e. water bottles, snacks, blankets, etc.)
 Establish and strengthen referral relationships with community-based service providers and develop CCRP specific resource guide
 Begin to discuss a strong data collection, monitoring, and evaluation system  Initial training for responders and dispatch
 Implement a citywide outreach and public education campaign, beginning several weeks before the pilot startup, including meetings with residents in neighborhoods most impacted by the emergency service system.  Evaluation outline - metrics, selection process for evaluator  Determine what data to collect and what tools to use for input - focusing on impact, outcomes, and efficacy
 Develop documentation and process for case notes and collecting data on scene  Open the CCRP office

Community Advisory Board (CAB)

Per City Council direction, the Task Force created a subcommittee during their October 2023 meeting to develop the purpose, powers, and composition of the CAB. USC provided support to the Task Force to support this work. USC provided a memo to the Task Force subcommittee sharing examples of oversight boards connected with other alternative response programs. The subcommittee is scheduled to share their recommendations for the Task Force’s consideration during a special meeting on November 29, 2023. City staff will bring the Task Force’s recommendation regarding the CAB to City Council for discussion and consideration as soon as possible after the vote of the Task Force. City staff is prepared to support the development and institution of the CAB, as appropriate.

Next Steps

Per City Council direction, it is City staff’s plan to (1) support the creation of a Community Advisory Board; (2) release the program manager job by December 15, 2023; and (3) implement the CCRP program in August 2024.

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November 28, 2023
City staff also plan to work closely with USC, Contra Costa County (CCC), RPD, RFD, the Task Force, City staff, and other stakeholders, to refine the selected program model and/or engage in additional stakeholder outreach, conversations, and research before implementing CCRP. It is the intent of City staff to be prudent and deliberative in its approach to ensure that any program the City offers is well suited to serve the health and well-being of the community. Under the contract with the City, USC will continue to provide support to City staff and is expected to participate in further discussions to provide support for deeper engagement for Councilmembers to make the necessary policy decisions.

DOCUMENTS ATTACHED:

Attachment 1 – CCRP Presentation
376
DRAFT
Community Crisis
Response Program ( CCRP)
Richmond City Council
November 28, 2023
LaShonda White, Deputy City Manager
Sam Vaughn, Deputy Director of Community
Services – Office of Neighborhood Safety
377
I. Background of CCRP
II. September 12, 2023 - Council Direction
III. Structure Updates
IV. CAB
V. Budget Overview
VI. Timeline & Phases
VII. Next Steps
Table of Contents
378
USC was contracted by the City of Richmond to
assess program model options and develop a pilot
initiative for a non-police response to low-level 911
calls serving Richmond residents. USC engaged
Richmond residents and community stakeholders in
a community survey, focus groups, community
meetings, organization presentations, and direct
interviews to better understand their experiences
with the 911 system, crisis resources, and
aspirations for new response strategies.

Background of CCRP
The Community Crisis Program (CCRP) began taking root in November 2020 amidst conversations within the Reimagining Public Safety Task Force (Task Force). On July 26, 2022, the City Council approved a contract with Urban Strategies Council (USC) to conduct research and analysis of various Community Crisis Response Program (CCRP) options and set forth recommendations.
379
• Institute the Community Crisis Response Program within an existing city department, specifically within the Office of Neighborhood Safety (ONS) • Propose new CCRP division structural options by November 2023, presenting proposal for program design implementation plan and timelines for launch by August 2024 • Draft job descriptions to ensure they are approved and posted publicly by December 15, 2023
• A friendly amendment made by Vice Mayor McLaughlin to have staff work with the Reimagining Public Safety Community Task Force to develop the proposal for the structure of the Community Advisory Board including purpose, powers, and composition was accepted.

September 12, 2023 Council Direction
380
Proposed Operation Structure
Option 1: CCRP Manager would report directly Deputy Director of Community Services – ONS
Option 2: CCRP Manager would report directly to the Deputy City Manager for Community Services
381
• Per City Council direction, the Task Force created a
subcommittee during their October 2023 meeting to develop the purpose, powers and composition of the CAB.
• The subcommittee is scheduled to share their
recommendations for the Task Force’s consideration during a special meeting on November 29, 2023.
• City staff will bring the Task Force’s recommendation regarding the CAB to City Council for discussion and
consideration as soon as possible after the vote of the Task Force
Community Advisory Board (CAB)
382
Budget Overview- Operational
• Operating Costs: City staff
estimate ~$378,000 for start-up
costs. This does not include
cost pool, as per Finance staff,
cost pool charges will not be
assessed and added to the new
established CCRP until FY 24-25
or FY 25-26.
383
Budget Overview- Personnel
• Personnel Costs: The estimated
personnel costs for FY 23-24 are
~$378,773 (covers Project
Manager II at step 3 for 5 months,
3 community crisis responders
and 3 EMTs for 3 months, 1
analyst for 3 months, and Part-
time/intern support).
• These numbers are rough
estimates and will depend on how
quickly we can create new job
descriptions and hire staff in the
current FY.
384
• Prior to the implementation of the pilot, the planning team will create initial administrative and clinical methods, identify logistical needs and considerations, and begin to build resource and referral networks • Extensive questions, protocols, procedural issues, and structural components that need to be addressed (e.g., program evaluation, oversight, training, department coordination, staffing requirements, inter-agency agreements, etc.)
• Pre-implementation work is proposed to occur in three phases to enable a launch date in August 2024
⚬ items listed within phases are subject to change and may happen in other phases
Timeline and Phases
385
• Determine proposed operational structure
• Work with Human Resources to refine and release a job announcement for a program manager position to lead the CCRP work (release by December 15, 2023) • Hire of administrative student intern from University of California, Berkeley Masters of Social Welfare program
• Continued and informational interviews with West Hollywood, CA (WeHo), Oakland, CA (MACRO), Eugene, OR (CaHOOTS)
• Identifying and convening an internal city planning/support team · USC support of Task Force’s proposed development of the Community Advisory Board • Update draft budget
• Confirm staffing model
• Update CCRP webpage
• Continue coordination with CCC A3 program to discuss program integration, training, outreach, etc. is in place for A3 in Richmond
• Work with Richmond’s Fleet Division to purchase one or more vehicles (depending on program option)
• Funding research - opportunities and considerations (will continue through other phases and after implementation)
Phase 1: September – December 2023
386
Phase 2: January – March 2024
• Hire a CCRP Program Manager
• Draft job descriptions and begin recruitment of other CCRP positions with assistance of CCRP Program Manager
• Discuss dispatch and training with RPD and RFD
• Discuss hiring and placement of EMTs with CCC EMS and RFD • Engage with City legal staff and risk management to identify initial legal/insurance/compliance issues
• Identifying facility needs and potential program facilities • Develop training protocols
• Collaboration with County - how to share information/data/patient files; establish ongoing communication, explore developing data sharing agreements, and MOUs to streamline information sharing.
• Identify initial parameters of situations to dispatch to CCRP 387
• Recruit/appoint CAB members
• Develop specially designed protocols for CCRP service call referrals and follow up
• Identifying and ordering equipment
• Obtain equipment and supplies
• Establish and strengthen referral relationships with community-based service providers
• Begin to discuss a strong data collection, monitoring, and evaluation system • Initial training - responders and dispatch
• Implement a citywide outreach and public education campaign, beginning several weeks before the pilot startup, including meetings with residents in neighborhoods most impacted by the emergency service system. • Open the CCRP office
• Develop protocols
• Evaluation outline - metrics, selection process for evaluator • Determine what data to collect and what tools to use for input - focusing on impact, outcomes, and efficacy
• Develop documentation and process
Phase 3: April– July 2024
388
• Support the creation of a Community
Advisory Board
• Release the program manager job by
December 15, 2023
• Implement the CCRP program in August 2024
Next Steps
389

THANK YOU & QUESTIONS
Receive the Draft Report on the Implementation Updates for the Community Crisis Response Program
390

November 28, 2023

Library and Community Services

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager, Community
Services
Ranjana Maharaj, Deputy Director for Community
Services-Recreation
Jene Levine-Snipes, Development Project Manager
Stephanie Ny, Associate Administrative Analyst
Subject:

California Department of Parks and Recreation Outdoor
Equity Grant Program Cycle 2 Grant Application
Submission
FINANCIAL IMPACT: There is no General Fund financial impact

PREVIOUS COUNCIL
ACTION:

Not applicable

STATEMENT OF THE
ISSUE:

The City’s Recreation Division has an opportunity to
apply for a grant from the California Department of Parks and Recreation Outdoor Equity Grant Program Cycle 2
that could yield up to $700,000 to provide outdoor
programming to Richmond youth. Prior to applying for
this grant, the City’s Grant Management Policy requires City Council approval to submit an application where the City envisions working in partnership with others to fulfill the grant’s mission.

RECOMMENDED ACTION:

APPROVE a resolution authorizing the Recreation
Division to submit a grant application for the California Department of Parks and Recreation Outdoor Equity
Grant Program Cycle 2 Grant and approving its
proposed, potential partnership list in said grant -
Community Services Department, Recreation (LaShonda
White 510-620-6828/Jene Levine-Snipes 510-307-8132).

AGENDA
REPORT
391

November 28, 2023

DISCUSSION:

The City of Richmond’s Recreation division is in the process of consideration of, and preparation for, a grant application (“Application”) for the California Department of Parks and Recreation Outdoor Equity Grant Cycle 2 Program (“Grant Program”). The Grant Program provides up to $700,000 for program operations to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks and other public lands. The grant application deadline is December 14, 2023.

As is well understood, community partnerships are essential to building social infrastructure. City staff wishes to engage the following entities for partnership in its application and seeks the City Council’s approval of the following organizations and groups:

1. The Watershed Project

2. Trips for Kids

3. STEMsail

4. Richmond Yacht Club

5. Gateway Mountain Center

6. Richmond Outdoors Coalition

7. KIDS for the BAY

The proposed potential partner list was created based on each organization’s known contributions to programming.

The City’s Finance Department has created a Grant Management Policy (“Policy”) that, inter alia, promotes transparency for grant applications when the City envisions a public- private partnership evolving as part of any grant award. In those circumstances, Section 3(e) of the Policy requires City staff to first seek City Council approval prior to submitting a grant application. By implication, this includes pre-approval of the City’s proposed partnerships for grant applications.

At this stage in the process, the City’s included partner-entities for its final Application have not been formally determined. However, City staff has established a list of potential partners as shown above. With City Council approval, any of these partners may join forces with the City in its Application. If the City is fortunate enough to be awarded a Grant Program, the City would enter into a sole-source contract with any partners so joined.

The Community Services-Recreation Department is seeking City Council approval to file the grant application for the California Department of Parks and Recreation Outdoor Equity Grant Program Cycle 2 Grant, and to approve its proposed, potential partnership list in said grant.

392

November 28, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Resolution Authorizing the Community Services-Recreation Department to File a Grant Application with Its Proposed Partner List

393
ATTACHMENT 1

RESOLUTION NO._____________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RICHMOND, CALIFORNIA APPROVING THE APPLICATION FOR

OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and

WHEREAS said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and

WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project; and

WHEREAS, community partnerships are essential to building social infrastructure. Staff wishes to engage the following entities for partnership in the City’s Application and seeks the City Council’s approval of the following organizations and groups (collectively, the “Partners”):

1. The Watershed Project

2. Trips for Kids

3. STEMsail

4. Richmond Yacht Club

5. Gateway Mountain Center

6. Richmond Outdoors Coalition

7. KIDS for the Bay; and

WHEREAS, City staff created the proposed Partner list based on each organization’s known contributions to programming near the project site; and

WHEREAS, at this Application stage, the City staff included Partners have not been fully determined; however, staff desires to join forces with any of the Partners listed in 1-7 above; and, were the City fortunate enough to be awarded this Grant Program, the City would enter into a sole-source contract with any partners so joined.

WHEREAS, the City of Richmond has received and accepted the Agenda Report regarding this Resolution.

NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Richmond hereby:
394
ATTACHMENT 1

1. Approves the filing of an application for the Richmond Outdoors Stem and Adventure; and

2. Certifies that said Applicant has or will have available , prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and

3. Certifies that if the project is awarded, the A pplicant has or wil l have sufficient funds to operate and maintain the project, and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

5. Delegates the authority to the City Manager and or his designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

7. Agrees to consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).

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

I hereby certify that the foregoing resolution was passed and adopted by the Members of the City Council of the City of Richmond at a regular meeting held on November 28, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:

____________________________
Clerk of the City of Richmond

(SEAL)

Approved:

__________________
395
ATTACHMENT 1

Mayor

Approved as to form:

_________________
City Attorney

396

November 28, 2023

Library and Community Services

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager – Community
Services
Denée Evans, Transportation Services Project Manager

Subject:

Pacific Gas and Electric – Electric Vehicle Fleet
Electrification Program
FINANCIAL IMPACT: There are no direct costs associated with participating in this program. The work proposed is in direct support of the City’s Climate Action Plan goals, State zero emission objectives, and aligning related implementation efforts with funding opportunities.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City of Richmond lacks the as-built infrastructure to readily install the required number of electrical vehicle charging stations deemed necessary to transition the City fleet to electric vehicles and to support the expansion of City-managed electric Micromobility services.

RECOMMENDED ACTION:

ADOPT a resolution authorizing the City to execute a
letter of commitment and other related contracts
necessary to participate in the Pacific Gas and Electric Company Electrical Fleet Program to upgrade electrical
utility infrastructure that will enable electric vehicle service equipment installations at various City facilities to support the City’s active transition to electric fleets – Community Services Department, Transportation Division
(LaShonda White 510-620-6828/Denée Evans 621-
1718).

AGENDA
REPORT
397

November 28, 2023

BACKGROUND:

The City of Richmond lacks the as-built infrastructure to install the number of electrical vehicle charging stations that will be required for the City to successfully transition its fleet to electric vehicles and nor is it adequate to support the city-wide expansion of existing electric Micromobility services such as the Richmond Moves On-Demand Shuttle and Community Carshare.

In Fall 2022, Transportation staff applied for the California Hybrid and Zero – Emission Truck and Bus Voucher Incentive Project (HVIP) to reduce the cost to replace the two- gas operated R-Transit vans with two new wheelchair accessible electric vans. The purchase of the R-Transit vans also includes two level II electric vehicles chargers. The chargers were scheduled for installation at the City Corporation Yard EV Charging Hub.

However, the existing service panel for the Corporation Yard EV Charging hub was not installed as separate service to support the number and level of energy output needed to support a growing electric City fleet as well as employee personal vehicle charging.

As a result of the acceptance into the HVIP, the Transportation division was contacted by Pacific Gas and Electric (PG&E) to participate in their Electric Vehicle Fleet Electrification Program Make – Ready Incentive Option to upgrade the City’s electrical utility infrastructure. If qualified, PG&E would pay the costs to upgrade the main utility transformer which would enable the City to install switchgear, an upgraded separate service panel that can support the installation of multiple electric vehicle charging stations at any City facility site(s) which are identified as potential charging hubs.

Specifically, Transportation staff submitted a letter of interest to receive utility upgrades at five sites: the 32nd Street Recreation Complex, the City Corporation Yard, the Barrett Avenue Lot at 25th Street, the Richmond Auditorium lot adjacent to Nevin Avenue, and the Marina Parking lot at Macdonald Avenue. The sites were identified as integral to sustaining support for the City’s EV fleet and Micromobility services (i.e., Richmond Moves and Community carshare).

On August 30, 2023, PG&E’s Engineering and Design team met with City staff from the Transportation and Public Works Departments to visit each of the five proposed City EV fleet facility sites to discuss the feasibility and design of the utility upgrade.

On September 27, 2023, Transportation staff received a letter from PG&E indicating approval of the Recreation Complex located on 32nd Street. Staff were also advised that the remaining sites were still under consideration but were also likely to receive approval. The City would receive notice as each facility location is approved which would require multiple requests to City Council for approval.

However, Transportation staff requests the adoption of a resolution by the City Council to allow City staff to avoid making several trips to City Council seeking approval as each site is approved. Instead, the resolution will allow City staff to continue participation in 398

November 28, 2023
the PG&E EV Fleet TTM utility upgrade which is at no cost to the City. Per the terms of the program, City staff will return within the next five years to receive City Council’s approval as it continues to transition to electric fleet vehicles and to acquire the supporting electric vehicle service equipment.

PG&E EV Fleet Terms of Participation

To secure the City’s participation in the Program, PG&E has requested that the City provide the letter of commitment for the City to meet the minimal electric vehicle and charging equipment investment, as required and to allow PG&E to access the City sites to install and maintain the “To The Meter” (TTM) Infrastructure.

PG&E will, at no cost to the City, construct, own, and maintain all electrical infrastructure from the transformer to the customer’s meter. The City will be responsible for designing, building, owning, operating, and maintaining the electrical infrastructure from the meter to the EV charger.

To participate in the program, the City must comply with the following conditions:

1. Be a PG&E Customer: This includes Direct Access as well as customers receiving power from a Community Choice Aggregator.

2. Own or lease the property: An organization must have authority to install charging infrastructure at their site or can allow a property easement.

3. Acquire at least 2 Electric Vehicles: An organization must acquire and deploy a minimum of two medium-or heavy-duty electric fleet vehicles by 2024. The Richmond City Council met this requirement with the recently approved acquisition of two electric R-Transit buses.

4. Agree to all requirements: Participating organizations must make a 10-year commitment to operate and maintain equipment, provide EV usage data, and agree to the terms and conditions of the program.

5. Approved program applicants must meet the selection qualifications for selecting and installing electric vehicle service equipment (EVSE).

Selection of Electric Vehicle Service Equipment

Upon approval of the application by PG&E, the City shall select and procure an EVSE Package from the PG&E approved list of qualified vendors. PG&E will share the qualified vendor list with the City. Richmond shall install, operate, and maintain the number and type of the EVSE Package, associated equipment, and signage as selected by the City and approved by PG&E. If the EVSE Package is not on the approved list of qualified vendors, the EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to the PG&E Contract, as applicable. The City must agree to provide all information requested by PG&E about non -approved EVSE Packages, including but not limited to technical and safety specifications.

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Participation in this program and the work involved to improve the utility infrastructure and to add electric vehicle service equipment to various City facilities is in direct support of the Climate Action Plan goals to reduce Greenhouse Gas (GHG) emissions, improving resilience to climate change, in addition to the corresponding metrics:

 Objective 1: Energy Efficient Buildings and Facilities  Objective 2: Increase Use and Generation of Renewable Energy  Objective 3: Sustainable Transportation and Land Use
 Objective 6: Green Infrastructure Urban Forestry and Agriculture

In conclusion, City staff recommends that the Richmond City Council adopt a resolution that authorizes the City to execute the letter of commitment and related contracts necessary to participate in the Pacific Gas and Electric Company’s Electrical Fleet Program at public facility sites.

DOCUMENTS ATTACHED:

Attachment 1 – Invitation and Contract to join the PG&E EV Fleet Electrification Program
Attachment 2 – Authorizing Resolution

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Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Cover Letter (02.2023 Version) Page 1 of 4
September 27, 2023

City of Richmond
3230 MacDonald Avenue
Richmond, CA 94804

RE: FLEET005109591

Dear Denee Evans,

Congratulations! We are pleased to extend City of Richmond an invitation to join PG&E’s EV Fleet Electrification program. Upon your completion of the action items below, we will move your project into the design phase and begin the engineering, design and construction plans for 3230 MacDonald Avenue, Richmond, CA 94804. Please note, future changes to the project scope may change your eligibility for the program.

Included in this contract are the following items:
 Cover Letter
o Offer Description
o EV Charger Rebate
o Preliminary Design (also attached as PDF)
 Letter of Commitment
o EV Deployment Commitment
 EV Fleet Program Terms and Conditions (“Contract”)
 Exhibit A: Project Scope
 Appendices
o Appendix A: PG&E EV Fleet Program Participant Data Reporting Requirements o Appendix B: CPUC’s Safety Requirements Checklist for CPUC-Approved Transportation Electrification Programs

Immediate Action Items:
 Review the entire document
 Sign and return the Letter of Commitment and Contract  Provide proof of commitment (as defined below) for appropriate vehicles

By signing the Letter of Commitment and the Contract, I hereby confirm my participation in PG&E’s Fleet Electrification program and acknowledge that:
 I agree to install at a minimum the number of EV Supply Equipment (EVSE or “EV charger”) specified in Exhibit A of the Contract;
 Upon execution of the Contract, PG&E will begin incurring design fees and costs as my project moves forward;
 If I withdraw from the program prior to the site being activated, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of the Contract, including but not limited to, design cost, site walk costs, etc.;
 PG&E may need to conduct a comprehensive design site walk;  If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel my participation in the program ; 401

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Cover Letter (02.2023 Version) Page 2 of 4
 If I do not submit required documentation (e.g., signed easement) in a timely manner, then PG&E reserves the right to cancel my participation in the program and recover all costs incurred; and  My EV chargers meet the Safety Checklist requirements and has networking protocols (as described in Appendix A and Appendix B). I agree to ensure that EVSE network connectivity is in good condition for least five years from the date of activation.

Offer Description

After careful consideration of the project costs and scope of work, PG&E has determined you are eligible for the Make-Ready Incentive Option. PG&E will design, construct, own, and maintain the EV supply infrastructure to the meter only. City of Richmond will design, build, own, operate, and maintain the EV supply infrastructure behind the meter, hereafter referred to as customer-owned make-ready infrastructure. PG&E provides an incentive that is equal to the lesser amount of either: (i) 80% of the customer -owned make-ready infrastructure costs or (ii) the incentive cap of $20,000.00 as described in the table below.

EV Supply Infrastructure Incentive
Applies to Site Hosts who pay for, own, and maintain EV Supply Infrastructure Vehicle Type Per Vehicle Incentive # of Vehicles
School Buses, Local Delivery
Trucks, or Other Vehicles
$4,000.00 per Vehicle 5
Vehicle Type (Total) Incentive (Total) Incentive Total
Total # of Vehicles
5 Lesser amount of either 80% of the customer-owned
make-ready infrastructure costs or the incentive cap,
as described above, on a per vehicle basis
Maximum of $20,000.00

EV Charger Rebate

You may also qualify for a rebate of up to $75,000.00, capped at 50% of the purchase cost, for qualified EV chargers for your fleet. EV chargers are only eligible for rebates if they are listed on PG& E’s approved EVSE vendor list at the time of installation. Any EV chargers acquired after the EV Fleet Program implementation window (currently 2024) will not be eligible for rebate.

EV Charger Rebate
Applies to Site Hosts that are transit agencies, schools, or located in disadvantaged communities.

Power output Rebate # of Chargers

20.8 kW 50% of the cost of the charger, up to $15,000.00 per EVSE
5 Total 104 kW Total Capped Rebate Amount of up to $75,000.00 5

As a reminder, to participate in the EV Fleet program, your EV chargers, also known as EV supply equipment, at a minimum must meet the Safety Checklist requirements (see Appendix B). In addition, the EV chargers must at least meet the following network communications requirements:
 Electric Vehicle Supply Equipment (EVSE) SHALL have metering capability through an internal device and SHALL be able to measure power and usage parameters to enable reporting of the metrics in the Contractor Requirement section.
 After loss of power, provided the EVSE connector to vehicle has not been removed, the EVSE SHALL return to its post-configuration state (i.e., SHALL persist communication and registration configurations. This does not include continuing user sessions when authorization is required to start a session).
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Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Cover Letter (02.2023 Version) Page 3 of 4
 EVSE SHALL provide a reset option, which returns the device to its pre-charge state (e.g., card or message- not user accessible).

Preliminary Design

Please note the meter location on the Preliminary Design. Any requests to change the location of the meter may impact site eligibility and could result in cancellation of this contract.

PG&E may opt to utilize existing infrastructure, including existing conduit, in order to minimize project costs as indicated by the word “existing” on any components on the Preliminary Design.

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Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Cover Letter (02.2023 Version) Page 4 of 4
Next Steps:

We respectfully request that you return your signed contract as soon as possible . After we receive your signed contract, I will introduce you to your Project Manager, who will lead you through the design and construction process for your site.

Please note that you will need to provide a proof of commitment for a minimum of 2 vehicles for the Contract to complete the next phase of project management. A proof of commitment is any documentation of clear intent to procure and deploy vehicles, e.g., budget approval, grant agreement, request for proposal results, governance - body mandated procurement and deployment etc., in lieu of an actual purchase order provided by a seller.

Thank you for your participation in this exciting program! You are taking an important step to support California’s ambitious climate and air quality goals, and we appreciate that you have elected to work with PG&E to electrify your fleet.

Please contact me if you have any questions.

Thanks,
Tim

Tim O'Neill
(209) 401-8189
[email protected]
Electric Vehicle Customer Onboarding Specialist
Pacific Gas and Electric Company

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Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

EV Fleet Letter of Commitment (02.2023 Version) Page 1 of 1 EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company

September 27, 2023

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Re: Electric Vehicle Deployment Commitment for City of Richmond (FLEET005109591)

Dear Pacific Gas and Electric Company,

City of Richmond and PG&E have worked together and agreed on a contract under which City of Richmond purchases electric fleet vehicles and PG&E performs make-ready infrastructure work and, if qualified, provides EV charger rebates and infrastructure incentives.

City of Richmond has received approval from our internal decision makers and commits to purchase 5 electric vehicles by December 31, 2027. We plan to purchase and deploy the vehicles during the following timeline:

Electric Vehicle Deployment Schedule
Description 2023 2024 2025 2026 2027 Total
Medium Duty Vehicle 1 2 2 0 0 5

By signing the Letter of Commitment and the Contract, City of Richmond understands that, in accordance with the section titled ‘Vehicle Purchase Plans’, City of Richmond is responsible for realizing the number and type of EV Fleet vehicles that have been indicated in Exhibit A of the aforementioned Contract regardless of the decision of granting agencies.

If City of Richmond does not purchase the number of vehicles stated in the section above, PG&E in its sole discretion may require City of Richmond to reimburse PG&E for costs incurred by PG&E associated with PG&E’s reliance on my commitment to install infrastructure, such as costs of equipment, site design, and installation.

Sincerely,

Customer Signature1
Signature
City of Richmond
Company Name

Customer Print
Print
Customer SignedDate1
Date

Customer Title1
Title

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Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 1 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company EV Fleet Program Terms and Conditions (“Contract”)

Definitions

As used in this Contract, the following terms have the following meanings:

Disadvantaged Community: Census tracts in PG&E’s service territory with a top quartile score according to California Environmental Protection Agency’s CalEnviroScreen 3.0, or current version.

EV Service Connection: Traditional utility infrastructure from the utility distribution system to the meter, which may include but is not limited to cable, conductors, conduit, transformers, and associated substructures from the utility distribution system.

Also referred to as “To the Meter” (TTM) infrastructure.

EV Supply Infrastructure: Infrastructure from the meter (“but not including the meter”) to the parking space, which may include an electrical panel, cable , and conduit necessary to deliver power to the parking space. Also referred to as “Behind the Meter” (BTM) infrastructure.

Electric Vehicle Supply Equipment (EVSE): Equipment used for charging EVs. The conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle chargers, connectors, attachment plugs, and all other fittings, devices, power outle ts, or apparatuses installed specifically for the purpose of delivering energy from the Premises wiring to the electric vehicle.

EVSE Package: EVSE hardware, software, and network services.

EV Service Provider (EVSP): A company that provides EV charging solutions to Customer, including but not limited to network services, billing, and customer support.

Operation and Maintenance (O&M): O&M includes, but is not limited to, network fees, resetting of breakers, replacement of parts, and associated services necessary to keep the EVSE and/or EV Supply Infrastructure operational.

Premises: Premises includes all of the real property and apparatus employed in a single enterprise on an integral parcel of land undivided, excepting in the case of industrial, agricu ltural, oil field, resort enterprises, and public or quasi -public institutions, by a dedicated street, highway or public thoroughfare or railway. Automobile parking l ots constituting a part of or adjacent to a single enterprise may be separated by an alley from the remainder of the Premises served. All Premises must be reviewed by PG&E to determine where service could be provided and at what cost. PG&E may agree to include some or all of the Premises in the EV Fleet Program. Multiple Premises may be listed in Exhibit A.

Rate Plan: The PG&E electric rate that Customer pays for using EVSE. Detail on PG&E rates and eligibility criteria can be found at www.pge.com/tariffs.

Customer: The entity participating in the EV Fleet Program that owns, leases , or manages the Premises where the EVSE Packages are installed. Customer will receive the bill for the energy delivered to the EVSE Package.

Specific Terms

Acknowledgement and Term: All parties agree to abide by the terms and conditions of this Contract for participation in the EV Fleet Program (part of California Public Utilities Commission, or “CPUC”, Decision Number 18 -05-040 issued May 31, 2018), including all requirements included by reference. The duration of this Contract (the “Term”) will commence on the date Customer’s EVSE Package becomes operational and will continue in effect for ten (10) years thereafter (unless otherwise earlier terminated pursuant to the terms herein). PG&E will inform Customer in writing whe n the EVSE Package becomes operational.

Ownership: Customer has two options for ownership of EV Supply Infrastructure. Ownership of other components is listed below for reference. Sections in this Contract labeled “Customer Owned EV Supply Infrastructure” or “PG&E Owned EV Supply Infrastructure” will apply depending on the ownership option a Customer selects. Customer should indicate their ownership option in the Cover Letter provided to the customer. All other terms are common to both ownership options. 406

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Contract version revised 02.2023 Page 2 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company

EV Service Connection: PG&E always constructs, owns, operates, and maintains the EV Service Connection. PG&E may opt to utilize existing infrastructure, including customer -owned conduits, in order to minimize project costs. This will be indicated in the accompanying Preliminary Design.

EV Supply Infrastructure: Customer has two options for EV Supply Infrastructure ownership:

1. PG&E O wned: PG&E constructs, owns , and maintains the EV Supply Infrastructure. PG&E covers costs in accordance with CPUC requirements.

2. Customer Owned: Customer is responsible for construction and maintenance of EV Supply Infrastructure and receives an incentive in accordance with CPUC requirements.

EV Supply Equipment (EVSE): Customer always installs, owns, operates, and maintains the EVSE.

Selection of EVSE Package: Upon approval of application by PG&E, Customer shall select and procure an EVSE Package from the PG&E approved list of qualified vendors. PG&E will share qualified vendor list with Customer. Customer shall install, operate, and maintain the number and type of the EVSE Package, associated equipment , and signage as selected by Customer and approved by PG&E. Customer acknowledges that PG&E makes no representations regarding manufacturers, dealers, contractors, materials, or workmanship of the EVSE Package. Customer agrees that PG&E has no liability whatsoever concerning the quality and safety of such EVSE Package. At PG&E sole discretion, Customer may use an EVSE Package that is not on the approved list of qualified vend ors. If EVSE Package is not on the approved list of qualified vendors, EVSE Package must be compliant with minimum requirements. These minimum requirements are attached to this Contract, as applicable. Customer agrees to provide all information requested b y PG&E about non -approved EVSE Packages, including but not limited to technical and safety specifications.

EVSE Rebate: Customer may qualify for a rebate of EVSE, in accordance with the CPUC requirements. Rebate amounts will vary in accordance with the CPUC requirements. Rebates will be paid after (1) Customer provides proof of purchase of EVSE Package, (2) at PG&E discretion PG&E inspects the installation of the EVSE and the physical location, and (3) the EVSE is operational. Any EVSE acquired after the E V Fleet Program implementation window (currently 2024) will not be eligible for rebate.

Additional Services from EVSP: Separate and apart from the application and PG&E’s obligations under the EV Fleet Program, the EVSP selected by Customer may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the EV Fleet Program as fully described in the CPUC decision. The costs of additional EVSP services, and any cost related to O&M of any additional EVSP services, will not be borne by PG&E , unless they are complementary services necessary to support the EV Fleet Program objectives and are approved by PG&E in writing.

EV Drivers’ Right to Access: Customer shall not restrict access to or use of the EVSE for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by app licable law. However, Customer may decide to make the EVSE available only to its employees, tenants, or lessors; under the terms of the EV Fleet Program, Customer decides whether to make the EVSE available to other 3rd parties.

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Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 3 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Accessibility Requirements: The installation of the EVSE and EV Service Connection is required to comply with the Americans with Disabilities Act (ADA) and California Building Standards. Customer understands and accepts that such standards may impact parking layouts and reduce the number of non -accessible parking spaces avail able. Customer understands and accepts that changes to initial design representations may occur during the design, construction , and operational phases of the EVSE as may be dictated by design constraints, by law or regulation , or by local jurisdictional authorities.

Easement Requirement: An easement may be required to maintain PG&E owned facilities. PG&E will use existing easements when possible to minimize encumbrances on Customer property. If a new easement is required, access rights will follow standard utility requirements for providing electrical service. PG&E will determine if a new easement is required when Customer application is evaluated and will communicate that to Customer. If Customer does not wish to grant an easement for one or more Premises , PG&E may remove those Premises from the EV Fleet program. If Customer accepts easement requirements, Customer agrees to grant PG&E an easement for the installation of EV Service Connection and EV Supply Infrastructure. If the EV Service Connection must cross property owned by a third party to serve Customer, PG&E may, at its option, install such EV Service Connection after appropriate rights of way or easements, satisfactory to PG&E, are obtained without cost to PG&E. Customer agrees to sign and return easement to PG&E within 30 days of receipt. If the Customer does not respond within 30 days, PG&E reserves the right to rescind Customer’s participation in the EV Fleet Program. Upon termination of the Contract, PG&E shall upon written demand therefor execute and deliver to Customer a good and sufficient quitclaim of said easement and right of way or such portion thereof conveyed in this document, at Customer expense.

EVSE O&M: The Customer is required to maintain the EVSE for the Term. Customer will pay all O&M costs associated with the EVSE. Customer shall maintain a consistent uptime at the direction of PG&E for EVSE installed. Customer shall maintain the common area improvements immediately surrounding the EVSE in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EVSE. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when neces sary to ensure safety or to perform maintenance on PG&E owned infrastructure. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises. Customer will immediately shut down chargers if there is a safety issue.

Billing: Customer will be the PG&E Customer and will be served according to the applicable Rate Plan. As the Customer, Customer will be responsible for paying the PG&E bill.

Compensation: Under no conditions shall Customer or EV Drivers receive compensation of any kind (including but not limited to: cash, in-kind services, or otherwise) for any duties or requirements provided for in this Contract or for participation in any way as part of the EV Fleet Program, including but not limited to: easements, use of data for lawful purposes, loss of business activity during construction or maintenance activities, or any other inconvenience or loss, without limitation, related to participation.

Changing Rate Plan: Customer may change Rate Plan during the Term but must remain on a retail PG&E rate for the duration of the Term. If Customer switches to a non -retail PG&E rate during the Term, Customer shall bear the full cost and sole expense, as circumstances may dictate, for l osses incurred by PG&E on behalf of ratepayers, such as pro -rated costs of equipment, site design, and installation.

Reliability: PG&E does not guarantee uninterrupted service. Customer may pursue options to ensure that any impact to Customer operations f rom potential loss of power is sufficiently mitigated. Customer is responsible for the cost of any supplemental solutions to improve reliability.

Expansion of EVSE Installation: Customer may add more charging ports to their installation in the future, in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Customer must coordinate with PG&E prior to any approved installation extension. Any installations or related work performed outside of EV Fleet program will be at Customer’s expense and its liability.

EVSE Replacement: Customer may replace their EVSE during the Term. Customer must notify PG&E ahead of replacement to ensure infrastructure can accommodate the additional load and new EVSE complies with necessary CPUC requirements for the program. If adequate infrastructure does not exist, Customer must request increased capacity in accordance with the provisions of CPUC filed tariffs such as Electric Rule 16. Any replacements will be at Customer’s expense and its liability.

Vehicle Purchase Plans : PG&E will work with Customer to understand its fleet electrification plans and may install 408

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 4 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company infrastructure to support future vehicle purchases. In Exhibit A, Customer will provide the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. At PG&E discretion, during the Term PG&E may request evidence that Customer is operating these vehicles and associated charging in accordance with its electrification plan. If Customer is not operating vehicles consistent with its electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for l osses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design and installation. Customer may, at any time within the Term request from PG&E projected and final costs associated with this. If Customer wishes to change its plan, Customer must provide a modified plan to PG&E. This modified plan must be mutually agreed upon by PG&E and Customer. Customer may opt to replace these vehicles with similar equipment but must operate the number and type of vehicles outlined in the electrifica tion plan. Vehicles that are leased must be replaced with similar equipment upon termination of the lease duration.

If Customer is not the party responsible for purchasing or leasing the vehicles indicated in Exhibit A , they will acquire and provide such proof from the responsible party including the number, type, and charging levels of electric vehicles that will be used at the Premises over time to justify the requested infrastructure. Customer is responsible to provide evidence of vehicle operation and associated charging during this term in accordance with the indicated electrification plans. If vehicles are not operating consistent with the indicated electrification plans, at PG&E discretion, Customer may be responsible for PG&E costs associated with installing the excess infrastructure. This includes costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as costs of equipment, site design, and installation.

Project Scope: Customer acknowledges that:
 Customer agrees to the high-level project scope listed in Exhibit A;  Upon execution of this Contract, PG&E will begin incurring design fees and costs as Customer project moves forward;
 If Customer withdraws from the program, then PG&E reserves the right to recover all fees and costs incurred by it and its subcontractors after the execution of this Contract including, but not limited to, design cost, site walk costs, etc.;
 PG&E will conduct a site walk;
 If the existing infrastructure or physical site or equipment is substantially different than anticipated or described, then PG&E will make reasonable effort to redesign the project in a manner acceptable to both parties, but reserves the right to cancel Customer participation in the program; and  If Customer does not submit required documentation (e.g., signed easement if needed) in a timely manner, then PG&E may grant extensions by request but reserves the right to waitlist Customer application and/or cancel participation in the program.

External Funding Sources: Customer understands that the total infrastructure and EVSE rebate and incentive amounts the Customer receives from all sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer, or otherwise, cannot exceed Customer’s total cost of purchasing the EVSE, installing the EVSE, and constructing the EV Supply Infrastructure.

Customer agrees to keep records of all infrastructure and EVSE incentives and rebates received for Customer’s EV Fleet project. Customer understands that PG&E may request and review said records up to one year after project completion date.

If rebates and incentives received exceed incurred project cost, PG&E may inform all other funding sources, which may include but is not limited to, utilities, state programs, manufacturer, retailer , or other, of the violation, including the name of the Customer, a description of the project, and details regarding the excessive rebates and incentives.

Customer Owned EV Supply Infrastructure Section

EV Supply Infrastructure Incentive: Customer qualifies for an incentive towards the cost of EV Supply Infrastructure if they choose to own and maintain the EV Supply Infrastructure. Incentive amounts will vary in accordance with the CPUC requirements. Incentive will be paid after (1) Customer provides proof of actual EV Supply Infrastructure construction cost, (2) EV Supply Infrastructure construction is complete, (3) the EVSE is operational.

Installation of EV Service Connection: PG&E and/or its contractors shall design and construct the EV Service Connection in compliance with the terms of this Contract, as well as all applicable local, state , and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limi ted to hazardous materials located at the site of the installation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to 409

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 5 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection as needed. It will be the Customer’s responsibility to provide a preliminary design of the EV Supply Infrastructure and associated electrical loads so that PG&E can provide the associated EV Service Connection design. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes will be made without approval from PG&E and Customer. After the EVSE is operational, Customer may request a copy of “as built” designs, which will be provided by PG&E.

Installation of EV Supply Infrastructure: The Customer and/or its contractors shall construct the EV Supply Infrastruc ture and install the EVSE in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements, including PG&E requirements found at www.pge.com/greenbook. The Customer is responsible for (i) the costs to construct the EV Supply Infrastructure, (ii) the purchase of the EVSE Package, and (iii) installation of the EVSE.

After the EVSE is operational, Customer receives incentive for EV Supply Infrastruct ure in accordance with terms of this Contract.

EV Supply Infrastructure O&M: If Customer owns the EV Supply Infrastructure, Customer is responsible for O&M of the EV Supply Infrastructure for the Term. Customer will pay all O&M costs associated with the EV Supply Infrastructure. Customer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emergency work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE and EV Supply Infrastructure o Customer has continued responsibility for O&M of EVSE and EV Supply Infrastructure. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE and EV Supply Infrastructure
o Remove the EVSE and/or EV Supply Infrastructure at Customer’s cost and expense. o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection serves other load or assets, for example building load or solar, PG&E continues to own EV Service Connection and will treat this under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and abandon facilities in place.

PG&E Owned EV Supply Infrastructure Section

Installation of Equipment: PG&E and/or its contractors shall design and construct the EV Service Connection and EV Supply Infrastructure in compliance with the terms of this Contract, as well as all applicable local, state, and federal laws and regulatory requirements. Customer is responsible for providing all disclosures, including but not limited to hazardous materials located at the site of the instal lation. If an easement is required, PG&E will provide a preliminary layout of proposed facilities to Customer prior to preparation of easement for Customer review and approval; such approval will not unreasonably be withheld.

The easement will be executed and recorded in favor of PG&E so that PG&E may access the EV Service Connection and EV Supply Infrastructure as needed. After Customer approval of the preliminary design, PG&E will coordinate with the Customer if there are any proposed material changes. A final design with no material changes from the agreed upon design will be 410

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 6 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company provided by PG&E prior to any installation activities. PG&E and Customer will approve final design prior to construction beginning. Once design is approved, no material changes wil l be made without approval from PG&E and Customer. An estimated installation schedule shall be provided by PG&E after execution of required easement and timely selection of EVSE Package. Should the installation schedule require modification, PG&E shall no tify Customer within a reasonable amount of time of such changes. PG&E is responsible for the costs to construct the EV Supply Infrastructure. The Customer is responsible for (i) the purchase of the EVSE Package and (ii) installation of the EVSE. Upon comp letion of installation of the EVSE, the Customer understands and acknowledges that it will be responsible for the O&M of the EVSE installed through the EV Fleet Program. After the EVSE is operational, Customer may request a copy of “as built” designs, whic h will be provided by PG&E.

EV Supply Infrastructure O&M: If PG&E owns the EV Supply Infrastructure, PG&E is responsible for O&M of the EV Supply Infrastructure for the Term. PG&E will pay all O&M costs associated with the EV Supply Infrastructure. Cust omer shall maintain the common area improvements immediately surrounding the EV Supply Infrastructure in good condition, ordinary wear and tear excepted, and will promptly notify PG&E of any problems it is aware of related to the EV Supply Infrastructure.

Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance and snow removal services, if applicable. Uninterrupted service is not guaranteed, and PG&E may interrupt service when necessary to ensure safety or to perform maintenance. PG&E will use reasonable efforts to notify Customer in advance of interruptions to service, planned maintenance, and physical access to Premises.

Access to Customers Premises: PG&E shall at all times have the right to enter and leave the Customer’s Premises for any purpose connected with the furnishing of electric service to the EV Service Connection (meter reading, inspection, testing, routine repairs, replacement, maintenance, vegetation management, emerge ncy work, etc.) and the exercise of any and all rights secured to it by law, or under PG&E's applicable tariff schedules. If Customer does not grant PG&E reasonable access to the Premises, then PG&E may deenergize the EV Service Connection until access is granted. PG&E will work closely with Customer to ensure this access does not unreasonably interfere with Customer’s property or operations.

End of Term: At the end of the Term, the Customer will have the following options:

1. Continue operating EVSE
o Customer has continued responsibility for O&M of EVSE. o If an easement was required for installation, easement remains in place. o PG&E continues to own EV Service Connection and EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16.

2. Stop operating EVSE
o Remove the EVSE at Customer’s cost and expense.
o If an easement was required for installation, PG&E will deliver a quitclaim for the easement and the easement will be removed.
o PG&E will require access to any energized PG&E facilities. If EV Service Connection and/or EV Supply Infrastructure serves other load or assets, for example solar, PG&E continues to own EV Service Connection and/or EV Supply Infrastructure and will treat these under the standard provisions of CPUC filed tariffs such as Electric Rule 16. If EV Service Connection and/or EV Supply Infrastructure serves only the EVSE installed under this Contract, PG&E will deenergize EV Service Connection and EV Supply Infrastructure and abandon facilities in place.

General Terms

Permission to Use Data: Customer agrees to allow PG&E and its agents and representatives to use data gathered as part of the EV Fleet Program (including usage data from the EVSE and EVSE performance data supplied di rectly to PG&E from the EVSP) (“Usage Data”) for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations. Usage Data furnished to PG&E by the EVSP w ill not include any personal information as defined for the purposes of California privacy laws (including the California Privacy Rights Act, as amended(“CPRA”)). Any such personal data will be deidentified (as defined by CPRA) before it is provided to PG &E.

Notwithstanding the foregoing, Customer acknowledges that PG&E is required to disclose location data at census tract or 5 - digit zip code level as part of its regulatory obligations to report aggregate data. Although such locations will not be identified as Customer locations in the aggregated and anonymous data disclosed by PG&E, a third party could potentially associate Customer with disclosed locations by reference to other facts and data sources.

411

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 7 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Representations: Customer understands that its participation in EV Fleet Program shall not be construed as creating any agency, partnership, or other form of joint enterprise between the Customer, PG&E, or their affiliates, contractors, vendors, representatives, or designees, nor create any obligations or responsibilities on their behalf except as may be expressly granted in writing, nor make any representations of any kind to this effect. Customer represents and warrants that it is either (i) the fee title owner and has the ability to grant an easement (if required), or (ii) it is the authorized manager of the proposed EV Fleet Program site working with the fee title owner, it has the power, authority, and capacity to bind itself to undertake the EV Fleet Program terms and conditions and to perform each and every obligation required of Customer, and such fee title owner has the ability to grant an easement (if needed).

Changes: PG&E may initiate changes to the EV Fleet Program as necessary to comply with CPUC directives. PG&E shall endeavor to provide Customer with advance notice of any such changes. Customer has the option to opt out of the Program subject to section “Customer Removal or Termination” below.

Compliance with Laws: All parties shall comply with all applicable federal, state, and local statutes, rules, regulations, laws, orders, and decisions that relate to or govern its participation in the EV Fleet Program and/or Customer’s interactions with customers in connection with the EV Fleet Program.

Failure to Comply with Terms and Conditions : Without limitation, and to the greatest extent allowed by law, PG&E and Customer reserve the right to seek damages and recovery for losses incurred due to any breach of this Contract on the part of Customer or PG&E, whether intentional or unintentional.

Relocations: Should Customer request relocation of EVSE or parts thereof, such relocation shall be per mutually agreeable terms and shall be at sole expense of Customer and in accordance with any EV Fleet Program requirements, laws, regulations, or other applicable jurisdictional requirements. Additionally, if applicable and requested by PG&E, Customer shall either amend the easement to include the legal description of the new location or enter into a new easement with PG&E.

PG&E Termination or Suspension: PG&E may terminate, or for any duration suspend, Customer’s participation in the EV Fleet Program, with or without cause, at any time, and for any reason, with reasonable advance notice. Such reasons may include but are not limited to failure to provide or maintain terms of easement, failure to abide by EV Fleet Program terms and conditions, permitting issues, exceptional installation costs, environmental concerns, or any other reason(s) not in the best interests of the EV Fleet Program or PG&E’s ratepayers.

Customer Removal or Termination: Should Customer request removal or termination of EVSE or parts thereof prior to expiration of the Term, then Customer shall bear the full cost and sole expense of such removal as well as all fees and costs, as circumstances may dictate, for losses incurred by PG&E on behalf of ratepayers, such as pro -rated costs of equipment, site design , and installation. Customer may, at any time within the Term , request from PG&E projected and final costs associated with such a remo val request. Such costs will include all amounts paid by PG&E, divided equally over a ten -year period (e.g., if amounts total $100k and Customer leaves after 1 year it is responsible for $90k). If the Customer wishes to assign its rights and obligations of this Contract to a new Customer prior to the expiration of the Term, the new Customer may assume all rights and obligations for the remaining Term with PG&E consent. Such consent not to be unreasonably withheld.

Indemnification: Customer shall indemnify, hold harmless, and defend PG&E, its affiliates, subsidiaries, parent company, officers, managers, directors, agents, and employees, from and against all claims, demands, losses, damages, costs, expenses, and liability (legal, contractual, or otherwise), which arise from or are in any way connected with any: (i) injury to or death of persons, including but not limited to employees of PG&E or Customer; (ii) injury to property or other interests of PG&E, Customer, or any third party; (iii) violation of a local, state, or federal common law, statute, or regulation, including but not limited to environmental laws or regulations; or (iv) strict liability imposed by any law or regulation; so long as such injury, violation, or strict liability (as set forth in (i) - (iv) above) arises from or is in any way connected with Customer ’s performance of, or failure to perform, this Contract. This indemnification obligation shall not apply to the extent that such injury, los s, or damage is caused by the negligence or willful misconduct of PG&E, its officers, managers, or employees.

Customer shall, on PG&E's request, defend any action, claim, or suit asserting a claim which might be covered by this indemnity, using counsel acceptable to PG&E. Customer shall pay all costs and expenses that may be incurred by PG&E in enforcing this indemnity, including reasonable attorney's fees. To the extent necessary, each Party was represented by counsel in the negotiation and execution of this Contract. PG&E represents and warrants that it has indemnification language in its contract with any third party who PG&E may send to perform work on Customer ’s physical site. PG&E agrees to work closely with Customer on any concerns that may arise related to the party who will perform work on Customer’s physical site.

412

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 8 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Insurance Requirements: Customer shall procure, carry , and maintain the following insurance coverage , and Customer is also responsible for its Subcontractors maintaining sufficient limits of the appropriate insurance coverage:

A. Personal Liability

1. The limit shall not be less than One Million Dollars ($1,000,000) each occurrence for bodily injury, property damage and personal injury.

2. Coverage shall: a) By "Additional Insured" endorsement add as insureds PG&E, its directors, officers, agents, and employees with respect to liability arising out of work performed by or for the Customer; b) Be endorsed to specify that the Customer insurance is primary and that any insurance or self -insurance maintained by PG&E shall not contribute with it.

B. Workers’ Compensation and Employers’ Liability

1. Workers’ Compensation insurance or self -insurance indicating compliance with any applicable labor codes, acts, laws, or statutes, state or federal, where Customer performs Work.

2. Employers’ Liability insurance shall not be less than $1,000,000 for injury or death in each accident.

C. Commercial General Liability

1. Coverage shall be at least as broad as the Insurance Services Office (ISO) Commercial General Liability Coverage “occurrence” form, with no coverage deletions.

2. The limit shall not be less than $1,000,000 each occurrence for bodily injury, property damage and personal injury.

3. Coverage shall: a) by “Additional Insured” endorsement add as insureds PG&E, its affiliates, subsi diaries, and parent company, and PG&E’s directors, officers, agents , and employees with respect to liability arising out of or connected with the Work performed by or for the Customer. (ISO Form CG2010 or equivalent is preferred.) In the event the Commercial General Liability policy includes a “blanket endorsement by contract,” the following language added to the certificate of insurance will satisfy PG&E’s additional insured requirement: “PG&E, its affiliates, subsidiaries, and parent company, and PG&E’ s directors, officers, agents , and employees with respect to liability arising out of the work performed by or for the Customer are additional insureds under a blanket endorsement.”; b) be endorsed to specify that the Customer’s insurance is primary and that any insurance or self-insurance maintained by PG&E shall not contribute with it.

D. Documentation Requirements

1. Customer shall have all insurance in place before beginning any Work. Upon request, Customer shall furnish PG&E with certificates of insurance, declaration pages and endorsements (collectively, “Documentation”) of all required insurance. Documentation shall be signed and submitted by a person authorized by that insurer to issue certificates of insurance and endorsements on its behalf.

2. The insurer shall deliver notification to PG&E in accordance with the policy provisions if any of the above-described policies are cancelled before the stated expiration date.

3. PG&E may inspect the original policies in Section s A or B or require copies at a ny time. Customer/Owner may redact non-essential exposure information from copies.

4. The minimum liability insurance requirements established in this Contract are not a representation by PG&E that the insurance limits are sufficient, nor do these requirements in any way limit Customer’s liability under this Contract.

5. Upon request, Customer shall furnish PG&E the same evidence of insurance for its Subcontractors as PG&E requires of Customer.

Dispute Resolution: After attempting in good faith to resolve a d ispute, a party may request mediation by written notice to the other Party. The mediation shall be conducted by a mutually -agreeable mediator with appropriate experience. All negotiations and any mediation conducted pursuant to this provision are confidential and shall be treated as compromise and settlement negotiations, to which Section 1119 of the California Evidence Code shall apply, and Section 1119 is incorporated herein by reference.

No Partnership: This Contract shall not be construed as creating a partnership, joint venture, agency relationship, franchise, or association, nor shall this Contract render PG&E and Customer liable as partners, co-ventures, or principals.

Enforceability: If any of the provisions, or application of any of the provisions, of this Contract are held to be illegal or invalid by a court of competent jurisdiction, PG&E and Customer shall negotiate an equitable adjustment in the provisions of this 413

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 9 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company Contract with a view toward effectuating the purpose of this Contract. The illegality or invalidity of any of the provisions, or application of any of the provisions, of this Contract will not affect the legality or enforceability of the remaining provis ions or application of any of the provisions of the Contract.

Integration: This Contract, including all items incorporated herein by reference, constitutes the entire agreement and understanding between the parties as to the subject matter of the Contract. It supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between parties, whether oral or written, express or implied, that relate in any way to the subject matter of this Contract. This Contract has been induced by no representations, statements, or agreements other than those expressed herein. Neither party shall be bound by any prior or contemporaneous obligations, conditions, warranties, or representations with respect to the subject matter of this Contract.

Survival: The provisions of this Contract, which by their nature should survive expiration, cancellation, or other termination of this Contract, including but not limited to provisions regarding warranty, indemnity, insurance, confidentiality, document retention, business ethics, and availability of information, shall survive such expiration, cancellation, or other termination.

Notice: Any and all notices shall be in writing and addressed to the parties at the addresses specified below or such other addresses as either party may direct by notice given in accordance with this section and shall be delivered in one of the following manners: (i) by personal delivery, in which case notice shall be deemed to have been duly given when delivered; (ii) by certified mail, return receipt requested, with postage prepaid, in which case notice shall be deemed to have been duly given on the date indicated on the return receipt; or (iii) by reputable delivery service (including by way of example and not limitation Federal Express, UPS and DHL) which makes a record of the date and time of delivery, in which case notice shall be deemed to have been duly given on the date indicated on the delivery service’s record of delivery.

If to PG&E:

Pacific Gas and Electric Company
Attn: EV Fleet Program Manager
300 Lakeside Drive
Oakland, CA 94612
Email Address: [email protected]

If to Customer:

Customer CompanyInput (Company Name)
Customer AddressInput (Street Address)
Customer CityZipInput (City, Zip)
Customer NameInput (Name)

The Parties have executed this Contract on the dates indicated below, to be effective upon the later date.

City of Richmond
Company Name

PG&E Pacific Gas and Electric Company
PG&E Company Name

Customer Signature2
Signature

PG&E Signature
Signature

Customer Print2
Print

PG&E Print
Print

Customer Title2
Title

PG&E Title
PG&E Contract Signer Title

Customer SignedDate2
Date

PG&E SignedDate
Date

414

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Contract version revised 02.2023 Page 10 of 10
EV Fleet Program Terms and Conditions (“Contract”)
Between City of Richmond and Pacific Gas and Electric Company

EXHIBIT A

PROJECT SCOPE
3230 MacDonald Avenue, Richmond, CA 94804

Vehicle Summary

Description 2023 2024 2025 2026 2027 Total
Medium Duty Vehicle 1 2 2 0 0 5

Charger (EVSE) Summary

Description 2023 2024 2025 2026 2027 Total

20.8 kW 5 0 0 0 0 5 EVSEs
Anticipated Load (kW) 104 kW 0 kW 0 kW 0 kW 0 kW 104 kW

Please note that your project was scoped based on the make, model, and power level of your EV charger.

Changes to your EV charger selection may impact the charger load of your project. If you would like to change your charger selection, please consult with your Project Manager.

Service Description

Main Service Size (Amps) 400
Voltage and Phase 208/120V Three Phase

415

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Appendix A

Appendix A

PG&E EV FLEET PROGRAM PARTICIPANT DATA REPORTING REQUIREMENTS

EV Fleet program participants are required to provide site, equipment, and utilization data for at least 5 years from the time chargers are operational.

Sites are required to install chargers with Application Program Interface (API) communication capability. Sites with off- road vehicles are excluded from this requirement but must install a separate meter that is dedicated for EV charging.

Below are the data and metrics that may be collected by PG&E through the API. PG&E will contact EVSPs after EVSEs are activated to initiate API testing. Upon activation, Customer must give consent to their EVSP to provide API data to PG&E and its agents and representatives.

Customer agrees to receive and respond to customer surveys throughout the project lifecycle including post-installation, upon request of PG&E or an associated party.

416

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Appendix A
Table 1. Data collected from API
Category Metrics
Site
 Pricing Structure ($/kWh, $/hour, subscription, free, flat fee, other) (for public charging stations only)
 Street Address
 City
 State
 Zip Code
Equipment

 EVSE Manufacturer
 EVSE Model
 EVSE Model number
 EVSE Serial Number
 EVSE ID (for public charging stations only)
 Demand Max (Maximum rated kW for each EVSE)
 Number of ports on associated EVSE
 Gateway or non-gateway
Sessions
Data for each charging session that
occurs at the site
 Maximum rated kW of each port
 Start date and time of session
 End date and time of session
 Equipment outages
 Reason for outage
 Date and time of when outage started
 Date and time of when outage ended
 Number of kWh consumed during the session
 Average demand (kW) per session
 Maximum demand (kW) per session
 Total dollar amount charged to the driver for the charging session (for public charging stations only)
 Demand charge ($/kW) (for public charging stations only)  Payment type (for public charging stations only)
 Anonymous unique driver ID for each driver/user
 Vehicle Make
 Vehicle Model
 Vehicle Year
 Vehicle Type (BEV, PHEV)
Session Intervals
15-minute interval data for each
charging session
 Start date and time of interval
 End date and time of interval
 Number of kWh consumed during the session interval
 Average demand (kW) per session interval
 Maximum demand (kW) per session interval
Port Intervals
15-minute interval data for each port
each day (96 intervals/port/day)
 Start date and time of interval
 End date and time of interval
 Number of kWh consumed during the interval
 Average demand (kW) per interval
 Maximum demand (kW) per interval

417

Clean Energy Transportation
Pacific Gas and Electric Company
300 Lakeside Drive
Oakland, CA 94612

Appendix B

Appendix B

CPUC’S SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS

418
Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

SAFETY REQUIREMENTS CHECKLIST FOR CPUC-APPROVED

TRANSPORTATION ELECTRIFICATION PROGRAMS

[Note: Each sponsoring utility must ensure that the following Pre-construction, Construction, and Operational standards are met and report on their compliance at quarterly Program Advisory Council meetings. These requirements are the minimum safety precautions the utilities should meet.]

Terminology Defined1
Acronym Definition
EV Electric Vehicle
UL Underwriters Laboratory
EVSE Electric Vehicle Supply Equipment safely connects the AC electricity grid at a site to the EV. Sometimes used more broadly to refer to the charging equipment, not including the make- ready infrastructure or other charging
infrastructure. May include multiple connectors to charge several EVs or to serve EVs with different types of
connectors (e.g., SAE CCS and CHAdeMO)
SAE Society of Automotive Engineers
ADA Americans with Disabilities Act
AHJ Authority Having Jurisdiction, as defined by Article 100 of the 2017 National Electric Code: An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.2
J-1772 Standard An SAE standard for electrical and physical interface to facilitate a safe connection from the EVSE for conductive charging

1 See D.18-01-024 at Appendix A.
2 2017 NEC Article 100, Definitions, includes an informational note regarding AHJ: “The phrase ‘authority having jurisdiction’ or its acronym AHJ, is used in National Fire Protection Association (NFPA) documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction.” 419
Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

Acronym Definition
Level 1 Charging Charging via AC electrical connection at 120 volts and up to 16 amps, or 1.9 kW.

Level 2 Charging Charging via AC electrical connection at 208 volts or 240 volts at up to 80 amps.

DC Fast Charging Charging via DC electrical connection using off-board AC/DC equipment at a fast rate. Not all EVs have this connector.

CHAdeMO and/or CCS Charging Connector
Standards
Three are three types of standard charging connectors for Direct Current Fast Charging. Vehicles capable of DC fast charging will have one of these ports on the vehicle. Other nonstandard connectors include Tesla and BYD. Most public DCFC currently deployed in California includes standard CHAdeMO and/or CCS Type 1 charging connectors.

IOU(s) Investor Owned Utility(ies)
EVITP Training The Electric Vehicle Infrastructure Training Program provides electricians with training for the installation of EVSE. EVITP is a collaboration of industry stakeholders, including automakers, EVSE manufacturers, educational institutions, utility companies, and electric industry professionals. More information is available at https://evitp.org.

NRTL Nationally Recognized Testing Lab

Pre-construction: These EV charging equipment safety requirements must be specified in procurement documents:

1. Charging equipment must be certified by a Nationally Recognized Testing Lab (NRTL).

2. Infrastructure must comply with applicable safety performance requirements associated with the type of TE infrastructure being installed.
• For light-duty vehicles, compliance with the Society of Automotive Engineers (SAE) J -1772 Standard for Level 1 or Level 2 charging. Compliance with CHAdeMO and CCS for DC fast charging would be appropriate evidence of compliance with this requirement. • For other types of TE infrastructure, including any nonstandardized EVSE, the following basic connector safety measures will be required:
• A passing EVSE safety performance evaluation report performed by a Nationally Recognized Testing Lab (NRTL);
• When not connected, the vehicle inlet and the EVSE connector must be designed to prevent direct contact with any live components;
• The vehicle inlet and EVSE connector shall be free of sharp edges and potentially injurious protrusions; • The coupler between the vehicle and the EVSE should avoid or mitigate any potentially hazardous conditions such as fires, electrical shock to users, or other personal injuries.

3. Infrastructure and its planned installation must comply with California Electrical Code Article 625.1

4. Infrastructure and its planned installation must comply with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and California Building Code Chapter 11B, 2 if applicable, per the AHJ where the EVSE will be installed, unless the appropriate waiver is obtained from local authorities.

2 California Electrical Code Article 625 covers Electric Vehicle Charging System safety and standards as installed in place.

California Code of Regulations, Title 24, Article 625.
3 California Building Code Chapter 2 includes definition associated with elect ric vehicle charging stations. CBC Chapter 11B defines requirements for ‘Accessibility to Public Buildings, Public Accommodations, Commercial Buildings, and Public Housing.’
420
Transportation Electrification Safety Requirements Checklist D.18-01-024/D.18-05-040

Appendix B

5. Outdoor-mounted EVSE must be rated to be installed for outdoor use.

6. For utility infrastructure work on the customer side of the meter, contractors must provide proof of EVITP Certification prior to construction.

7. Contractors must provide the utility proof of a full site assessment, including the appropriate load calculations to ensure existing infrastructure can accommodate additional EV load, or that appropriate infrastructure upgrades will be completed.

During Construction:

1. All utility infrastructure work on the customer side of the meter not performed by employees of the IOUs shall be performed by fully licensed electricians. For commercial installations, all electrical contractors should hold a valid C-10 contractor’s license.

2. Installations will be designed per Article 625 of the California Electrical Code.

Operational Safety:

1. Overcurrent protection associated with utility transformers and distribution circuits that feed power to the charging stations.

2. Overcurrent protection in the meter pedestal/circuit breaker panel that feeds each of the charging stations.

3. Bollard equipment protection installed where appropriate as defined by utility design standards and AHJ requirements.

4. Concrete parking stops to protect equipment where appropriate as defined by utility design standards and AHJ requirements.

421
RESOLUTION No.__________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CA

AUTHORIZING THE EXECUTION OF LETTERS OF COMMITMENT AND

CONTRACTS TO PARTICIPATE IN THE PACIFIC GAS AND ELECTRIC COMPANY

ELECTRICAL VEHICLE FLEET PROGRAM
______________________________________________________________________

WHEREAS, the city of Richmond (“City”) owns certain real property located at various public city facilities which are more particularly described hereto and incorporated herein as Exhibit A to this Resolution (“Project Sites”), and depicted in Grantee’s Drawings as (“Site”); and
WHEREAS, the Pacific Gas and Electric Company (“PG&E”), a California Corporation selected the Site(s) to join PG&E’s Electric Vehicle Fleet Program (“Program”); and
WHEREAS, the purpose of the Program is to provide electrical vehicle charging infrastructure from PG&E’s transformer to the City’s meter; and WHEREAS, as part of the City’s participation in the Program, one switchgear and ten electric vehicle charging stations will be installed at the Site; and WHEREAS, as part of the City’s participation in the Program, PG&E will construct, own, and maintain all electrical infrastructure from the transformer to the City’s meter (“To The Meter [TTM] Infrastructure”), at no cost to the District; and WHEREAS, PG&E has requested that the City of Richmond sign a letter of commitment to PG&E to allow PG&E access to the Site(s) to install and maintain the TTM Infrastructure that PG&E is providing to the city as part of the City’s participation in the Program; and
WHEREAS, the access provided to PG&E is intended to allow PG&E to construct, reconstruct, replace, remove, maintain, inspect, and use facilities, to install and maintain the TTM Infrastructure and all equipment necessary for the distribution of electric energy and communication purposes, as described in the Project description of each city owned project site hereto as Exhibits, together with access therefor, on, over, and under that certain land described and depicted and attached hereto as Exhibit A; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond hereby finds, determines, declares, orders, and resolves that the City shall be authorized to execute a letter of commitment and any related agreements necessary to participate in the PG&E EV Fleet Program, and comply with the program requirements.
422
* * * * * * * * * * * * * * * * * * * *
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held on November 28, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_________________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

APPROVED:

_______________________
Mayor

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. _______, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on November 28, 2023.

________________________________________
423
Pamela Christian, Clerk of the City of Richmond
424

November 28, 2023

Library and Community Services

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager - Community
Services
Lori Reese, Project Manager II
Subject:

North Richmond Mitigation Plan Second Amended Fiscal
Year 2022-23
FINANCIAL IMPACT: There is no fiscal impact associated with amending the North Richmond Mitigation Plan for the 2022-23 fiscal
year. The Mitigation Fee revenue is used to cover the
costs incurred by Contra Costa County (County) and City of Richmond (City) for listed strategies/activities
authorized for funding under the North Richmond Waste
and Recovery Mitigation Fee Expenditure Plan approved
by the County and the City. Each annual Expenditure
Plan includes a contingency line item in the budget to
serve as a cushion for potential revenue shortfalls, and City staff anticipates that there will be sufficient funding in the contingency fund for this purpose.

PREVIOUS COUNCIL
ACTION:

June 27, 2023

STATEMENT OF THE
ISSUE:

The Second Amended North Richmond Waste and
Recovery Mitigation Fee Expenditure Plan requires
approval by the Richmond City Council and the Contra
Costa Board of Supervisors. The plan prioritizes the
proposed activities, program services, and the projected revenues derived from the collection of the Mitigation
Fees to support efforts of blight reduction and
cleanliness.

AGENDA
REPORT
425

November 28, 2023
RECOMMENDED ACTION:

APPROVE the 2022-2023 Second Amended North
Richmond Waste and Recovery Mitigation Fee
Expenditure Plan, identifying the activities authorized to be funded with Mitigation Fee revenue and respective
funding allocations for the period of July 1, 2022 to June 30, 2023, as recommended by the North Richmond
Waste and Recovery Mitigation Fee Joint Expenditure
Planning Committee – Community Services Department
(LaShonda White 510-620-6828/Lori Reese-Brown 510-
620-6869).

DISCUSSION:

The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) reviews and recommends approval of the annual North Richmond Waste and Recovery Mitigation Fee Expenditure Plan for North Richmond community clean-up projects and services. The purpose of the Committee is to provide the City and County with recommended Expenditure Plans that describe the annual activities or strategies accompanied by an associated budget that is funded with North Richmond Mitigation Fees.

The Expenditure Plan governs the use of funding for each fiscal year (July 1st through June 30th) granting the City and County the authority to utilize allocated funding amounts for services and activities. On October 20, 2023, the Committee recommended approval of the second amended FY 2022-23 Expenditure Plan be presented to the Richmond City Council and the Contra Costa County Board of Supervisors as a means for both entities to administer the mitigation fee funding for the projects listed therein.

The amended Expenditure Plan was approved by the County Board of Supervisors on November 7, 2023. City Council’s approval of this item authorizes the continued use of mitigation fee funds for the intended purposes described in the second amended 2022- 2023 Expenditure Plan (Attachment 1).

DOCUMENTS ATTACHED:

Attachment 1 – FY 2022-2023 NRMF Second Amended Expenditure Plan 426
Second Amended North Richmond Waste & Recovery
Mitigation Fee 2022/2023 Expenditure Plan

The Waste & Recovery Mi tigation Fee was established as a result of the Environmental Impact Report (EIR) certified in July 2004 for the WCCSL Bulk M aterials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows:

“Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the appl icable p ermitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.”

In July 2004, the City of Richmond and Contra Costa County entered into a Mem orandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure P lanning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host com munity, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors.

By approving this Expenditur e Plan, the City Council and Board of Supervisors authorize the use of Mitigation Fee funding for only the purposes and in the amounts specified herein. The City and County have each designated their respective staff persons responsible for administering the development and implementation of the approved Expenditure P lan, which includes responsibility for drafting and interpreting Expenditure Plan language. However, the City and County have not delegated to the Committee or to staff the authority to expend funding for purposes not clearly identified in the Expenditure Plan document officially approved by their respective decision-making bodies.

Activities which can be funded in this Expenditure Plan period with the Mitigation Fee amounts specified within this Expenditure Plan are described herein as “Strategies” or “Staff Costs”.

Strategies are categorized as either “Core Services” or “Supplemental Enhancements” . Core Services includes the higher funding priority s trategies that most directly address the intended purpose of this City/County approved Mitigation Fee, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”.

All references to the “Mitigation Fee Primary Funding Area” or “Mitigation Fee Funding Area” pertain to the geographic area shown in the attached map (Attachment 5).

Expenditure Plan Period: July 1, 2022 - June 30, 2023
(unless otherwise specified herein)
427
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

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BUDGET
The funding allocation amounts included in this document apply to the Expenditure Plan Period specified on the first page unless otherwise specified herein. The total amount of funding allocated in the Expenditure Plan Budget is based on revenue projections provided by the BMPC operator, Republic Service, which are dependent upon multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI- adjusted per t on Mitigation Fee). Actual Mitigation Fee revenue may deviate from revenue projections provided by Republic and used to prepare this Budget. A “Contingency” line item is included in the Budget to help accommodate variations between projected and actual r evenue.

Excess funding allocated to strategies and not expended by the end of each Expenditure Plan period is treated as “roll-over” funding for reallocation in a subsequent Expenditure Plan period.

The Budget includes some line items that are based on fixed costs, however there are other line items which are scalable and/or dependent on utilization thereby providing flexibility to reallocate amounts if and when a significant need is identified. Allocated funding may remain unspent due to under-utilization of a particular program. If the amount allocated to a particular line item is determined to exceed needs based upon usage, the remaining funding can only be reallocated by officially amending the Expenditure Plan. This Expenditure Plan may only be adjusted upon official action taken by both the City and County. Although there has been some interest in allowing flexibility for staff to adjust funding allocations under specific circumstances, the authority to approve or modify the Expenditure Plan r ests solely with the City Council and Board of Supervisors.

Annual fiscal year Expenditure Plan cycle is expected to reduce margin of error of Mitigation Fee revenue projection s, streamline financial reconciliation/budgeting process a nd minim ize need to amend Expenditure Plans mid-cycle. Amending Expenditure Plans involve administrative burden and costs due to the joint approval needed from both the Richmond City Council and County Board of Supervisors. In order to minimize the amount of funding needed to cover staff costs incurred to amend the Expenditure Plan, staff will only recommend changes to the Expenditure Plan when necessary to address a significant or time-sensitive need.

428
# Expenditure Plan (EP) Strategy
Second
Amended
Budget
Allocations for
2022/2023
1 Bulky Item Pick-ups & Disposal Vouchers 1,000.00$
2 Neighborhood Clean-ups 30,000.00$
3 Prevention Services Coordinator 50,726.75$

4.A. City/County Right-of-Way Pick-ups & Tagging Abatement 40,000.00$

4.B. City/County Right-of-Way Pick-ups 20,000.00$
5 Code Enforcement Staff - County 91,850.60$
6 Illegal Dumping Law Enforcement 175,814.30$
7 Surveillance Cameras -$
8 Code Enforcement Staff - City 26,666.67$
9 Community Services Coordinator $ 90,909.09
10 Community Clean-Up Projects (See Attachment 2) 86,550.00$ 11 North Richmond Green Community Service Programs 20,042.00$ 12 North Richmond Green Campaign 10,500.00$
13 Garden Projects (See Attachment 4) 48,179.79$
14 Mobile Tool Lending Library 35,540.00$
Contingency (10% of Projected Revenue) 79,816.50$
Subtotal (without Committee Staffing) 807,595.70$
X Committee Administration/Staffing 131,971.09$
Total Projected Revenue in 2022/2023 (July 1, 2022 thru June 30, 2023) 798,165.00$ 141,401.79$
939,566.79$
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

BUDGET TABLE
Core ServicesSupplemental
Enhancements
Roll-over Funding from Prior EP Cycle(s)
Total 2022/2023 Expenditure Plan Budget
- Page 3 of 13 -429
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- Page 4 of 13 -

DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING
Funding allocation amounts for each strategy are specified in the Budget table on page

3. The following Strategies describe the activities allowed to be funded with the amounts allocated to each in the Budget (associated allowable agency staff costs are described in the Staff Costs section). Strategies are grouped based on relative funding priority levels and the “Core Services” category contains higher priority Strategies than the “Supplemental Enhancements” category. Higher funding priority Strategies are those which best address the Fee’s intended purpose, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”).

Level 1 Priority - PRIMARY CORE SERVICES STRATEGIES
• 1 - Bulky Item Pick-ups & Disposal Vouchers
• 2 - Neighborhood Clean-ups
• 4.A. - City/County Right-of-Way Pick-ups & Tagging Abatement • 4.B. - City/County Right-of-Way Pick-ups
• 5 - Code Enforcement Staff – County
• 6 – Illegal Dumping Law Enforcement
• 8 – Code Enforcement Staff – City

Level 2 Priority - SECONDARY CORE SERVICES STRATEGIES
• 3 - Prevention Services Coordinator
• 7 - Surveillance Cameras

Level 3 Priority - PRIMARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 9 - Community Services Coordinator
• 10 - Community Clean-up Projects
• 11 - North Richmond Green Community Services Programs • 12 - North Richmond Green Campaign
• 13 - Garden Projects
• 14 - Mobile Tool Lending Library

CORE SERVICES

1. Bulky Item Pick-ups & Disposal Vouchers
Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to:
o Request up to one on-call pick-up service per household per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS), only available to those with an active account with RSS; or
o Request up to twelve $5 vouchers per household for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire after six months, Mitigation Fees only pay for vouchers that are actually redeemed). 430
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

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1 Administering agency contracting charge applies ($3,000 per contract) [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: City of Richmond

Implementing Entity(ies):

Community Housing Development Corporation (processes requests and issues Disposal Vouchers/arranges Bulky Item Pick-ups)
Republic Services - Golden Bear Transfer Station & Richmond Sanitary Service (reimbursed for Disposal Vouchers redeemed and Bulky Item Pick-ups provided)

Reporting/Payment Requirements: Effective July 1, 2012, CHDC and Republic Services shall provide required data pertinent to Strategy 1 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

2. Neighborhood Clean-ups
Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: City of Richmond
Implementing Entity(ies):

City Manager’s Office (coordinates scheduling of clean-up dates and associated arrangements in conjunction with partner entities)
Republic Services - Richmond Sanitary Service (reimbursed for providing/servicing clean-up boxes and disposing of debris placed in clean-up boxes)

Reporting/Payment Requirements: Effective July 1, 2012, the City Manager’s Office and Republic Services shall provide required data pertinent to Strategy 2 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

3. Prevention Services Coordinator
Fund at least a portion of a Prevention Services Coordinator (PSC) position (including salary/benefits/overhead and administering agency contracting charge 1)
on a contract basis to assist the City and County in implementing Strategy 1 as the point of contact for community members interested in claiming Disposal Vouchers or Bulky-Item Pick ups. Assist community members interested in reporting illegal dumping and seeking referral/resources. Track and report data related to illegally dumped waste collected by Republic Services Hot Spot Crew and handle associated referrals to applicable public agencies, including right-of-way referrals for Strategy 4. The PSC may also assist City and County with administering funding allocated to selected non-profit organizations under Strategies 10 and 13. 431
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

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[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity: Community Housing Development Corporation (CHDC) (reimbursed actual cost for part-time position that issues Disposal Vouchers/arranges Bulky Item Pick-ups)

Reporting/Payment Requirements
: Effective July 1, 2012, CHDC shall provide
required data pertinent to Strategy 1 and Strategy 3 based upon the strategy- specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

4.A. City/County Right-of-Way Pick-ups & Tagging Abatement Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping and tagging abatement in the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: City of Richmond

Implementing Entity: Richmond Public Works Department’s Abatement Division

Reporting/Payment Requirements: Effective July 1, 2012, the Richmond Public Works Department’s Abatement Division shall provide required data pertinent to Strategy 4.A. based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).

4.B. City/County Right-of-Way Pick-ups
Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping in the public right-of- way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

432
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Administering Agency: Contra Costa County

Implementing Entity: Republic Services

Reporting/Payment Requirements: Effective July 1, 2022, Contra Costa County’s Department of Public Works shall provide required data pertinent to Strategy 4.B. based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

5. Code Enforcement Staff - County
Fund at least a portion of County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the unincorporated Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity
: County Department of Conservation & Development’s
Building Inspection Division

Reporting/Payment Requirements: Effective July 1, 2012, the County Department of Conservation & Development’s Building Inspection Division shall provide required data pertinent to Strategy 5 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

6. Illegal Dumping Law Enforcement
Fund majority of a full-time Sheriff Deputy (between approximately 90-100% of salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: Contra Costa County

Implementing Entity
: County Sheriff’s Office

Reporting/Payment Requirements: Effective July 1, 2012, the County Sheriff’s Office shall provide required data pertinent to this Strategy based upon the strategy-specific invoicing/reporting requirements and schedule 433
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

- Page 8 of 13 -
developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

7. Surveillance Cameras
Fund the cost of cameras, camera infrastructure, camera signage and costs related to monitoring, maintenance, warranty, repair & relocation of surveillance camera system equipment within the Mitigation Fee Primary Funding Area.

Cameras will be used to assist the dedicated Illegal Dumping Law Enforcement officer prevent dumping in targeting specific locations where illegal dumping occurs most regularly.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: Contra Costa County

Implementing Entity(ies):

Richmond Police Department (operate, move and maintain eight Pan-Tilt-Zoom wireless video surveillance cameras and associated camera system infrastructure throughout NR -AND- install/clean/move FlashCam cameras located within the incorporated NR area if funding is available)
County Sheriff’s Department (coordinate monitoring of FlashCams or other camera systems located throughout NR and identify/request relocation of surveillance cameras throughout NR as needed)
County Public Works Department (install/clean/move FlashCam or other camera systems cameras located within the unincorporated NR area upon request if funding is available)

Reporting/Payment Requirements: Effective July 1, 2012, each Implementing Entity shall provide required data pertinent to each entity’s applicable Strategy 7 responsibilities based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers) now or in the future.

8. Code Enforcement Staff - City
Fund at least a portion of City code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated Mitigation Funding Area.

Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency
: City of Richmond

Implementing Entity
: City Department of Infrastructure Maintenance & Operations

434
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

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Reporting/Payment Requirements: Effective July 1, 2020, the City Department of Infrastructure Maintenance & Operations shall provide required data pertinent to Strategy 8 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers).

SUPPLEMENTAL ENHANCEMENTS

9. Community Services Coordinator
Fund at least a portion of a Community Services Coordinator (CSC) position to be staffed on a contract basis (including salary/benefits/overhead and administering agency contracting charge2). The CSC shall:
• serve as a link between the community of North Richmond, the City of Richmond, and Contra Costa County for issues related to beautification, illegal dumping, and blight using referral process identified by the City and County;
• coordinate outreach activities related to illegal dumping and beautification within the Primary Funding area, as specified by the City/County, including North Richmond Green community service programs and outreach activities described under Strategies 11 & 12; and
• Identifying potential sites for Strategy 10 Clean-Up Projects. • be bilingual in order to assist with Spanish translation as needed. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity
: Community Housing Development Corporation (CHDC).

Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

10. Community Clean-up Projects
Fund the implementation, oversight and administering agency contracting charges3 of community clean-up projects with specific focus on reducing blight. Community clean-up projects may involve the removal of debris and/or landscaping maintenance. Sites to be cleaned shall be in the Mitigation Fee Funding area and designated by the Administering Agency. The number of sites to be cleaned will be determined by the amount of funding allocated.

2 Administering agency contracting charge is $3,000 per contract. 3 Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation (as described in the “Administering Agency” section).

435
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4 Administering agency contracting charge applies ($3,000 per contract) A breakdown of contracting costs and amount awarded to the Implementing Entity is contained in the Community Clean-up Project Table included as Attachment 2.

Up to 15% of the Implementing Entity’s Award Amount in Attachment 2 may be used for a fiscal sponsor or administrative oversight.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County. Community Housing Development Corporation (CHDC) may under contract with the County as an Administering Agency, administer Community Clean-Up Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Community Clean-Up Projects (after subtracting City/County contracting cost) listed in Attachment 2 to oversee implementation, including facilitating review/assessment of reports’ and deliverables. Payments to Implementing Entities for Community Clean-Up Projects shall not be issued by CHDC without the written approval of City and County Committee Staff.

Implementing Entity: See Community Clean-up Projects Table in Attachment 2

Reporting/Payment Requirements: Any Community Clean-Up Projects shall be subject to the Reporting & Invoicing Requirements specified in the template Memorandum of Understanding included in Attachment 1. Attachment 1 only applies to Community Clean-Up Project contracts with the Implementing Entities.

The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available for payments requested by Implementing Entities if and when authorized by City and County Staff. Additionally, CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided.

11. North Richmond Green Community Services Programs
Fund the following North Richmond Green programs on a contract basis4 to the extent the specific details submitted are determined to align with the purpose of the Mitigation Fee and Expenditure Plan:
• NR Little League Baseball Program - Includes cost of registration and uniforms with customized North Richmond Green patches for up to 5-6 teams, season kick-off event/parade, equipment, stipends for game monitoring and oversight, food and transportation.
• NR Youth Twilight Basketball Program - Includes cost of registration and uniforms with North Richmond Green patches for up to 5-6 teams, equipment, stipends for game monitoring and oversight, food and transportation. • NR Eco Workshops & Beautification Projects – Eco Workshops and Beautification Projects include school gardens, recycling efforts, beach/creek/neighborhood clean-ups and ecological field trips. May fund the cost of materials, transportation and fees associated with pre-approved community beautification projects such landscaping and murals. 436
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5 Administering agency contracting charge applies ($3,000 per contract) [See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity: Community Housing Development Corporation (CHDC)

Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

12. North Richmond Green Campaign
Fund the design, printing and/or distribution of education and outreach materials on a contract basis
5 which must align with the purpose of the Mitigation Fee and Expenditure Plan and be pre-approved by Committee Staff. Outreach materials must include “Jointly funded by City of Richmond & Contra Costa County” unless otherwise specified herein. Outreach materials may be any of the types specified below, however must clearly intend to directly:
• Inform the community about Mitigation Fee funded programs/efforts, • Increase participation in Mitigation funded programs/efforts, • Reduce illegal dumping and blight in the Mitigation Fee Funding Area, and/or • Promote beautification in the Mitigation Fee Funding Area.

The following type of outreach material expenditures may be funded if reviewed and pre-approved by Committee Staff:
• STIPENDS – Pay local community members (youth and adults) to distribute printed outreach materials door-to-door to promote mitigation-funded strategies (Jointly Funded text not applicable to stipend expenses, only materials) • HANDOUTS/MAILERS – Newsletters, flyers, brochures or other documents intended to be handed out or mailed to local residents/organizations. • T-SHIRTS - Shirts shall include the NRGreen.org website to encourage people to learn more about Mitigation funded programs/efforts (local phone number should also be included when possible, however inclusion of Jointly Funded text may not be required)
• NR GREEN FESTIVAL – Event held once per year and generally include information booths to raise awareness about mitigation-funded efforts and other local beautification efforts as well as fun activities for kids and food.

Materials promoting the event shall include the NRGreen.org website as well as a local phone number.
• SIGNAGE – Printed or manufactured signage, which includes promotional banners for local events/parades, which should include the NRGreen.org website for Community members to learn more about Mitigation funded programs/efforts. Repair, replacement and removal of NRMF-funded Light Pole Banners.
437
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[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agency: Contra Costa County

Implementing Entity
: Community Housing Development Corporation (CHDC)

Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments.

13. Garden Projects
Fund the implementation, oversight and administering agency contracting charges 6 of Garden Projects as further described below.

Community Garden Projects: Fund on-going maintenance and up-keep of existing community gardens within the Primary Funding Area. The projects selected under this Strategy has been funded on an on-going basis.

Garden Retrofit Projects: Fund the development and implementation of educational garden retrofit events within the Primary Funding Area. Sites for garden retrofits shall be selected via an application process administered by the implementing Entity and approved by County/City staff. Garden retrofit applications will be ranked based on the applicant’s ability/willingness to maintain the garden after installation, the visibility of the site from the street, and the size of the garden site.

The number of garden sites to be retrofitted will be determined by the amount of funding allocated. Garden retrofits shall contain drought-tolerant, native plants.

Details, including recommended allocation amounts, for Projects are included in Attachment 4. Up to 15% of the Non-Profit Implementer Award Amount specified in Attachment 4 may be used for administrative oversite.
[See “Staff Costs” section for agency activities that may also be funded under this Strategy.]

Administering Agencies
: Contra Costa County. Community Housing Development
Corporation (CHDC) may under contract with the County as the Administering Agency, administer Garden Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Projects (after subtracting City/County contracting cost) to oversee implementation, including facilitating review/assessment of reports and deliverables. Payments to Implementing Entities for Garden Projects shall not be issued by CHDC without the written approval of both City and County Committee Staff.

Implementing Entity
: See Garden Projects Table in Attachment 4

Reporting/Payment Requirements: Any Garden Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements 6 Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation (as described in the “Administering Agency” section). 438
2022/2023 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee

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equivalent with those shown in Attachment 3. Garden Project contracts being administered by CHDC on behalf of the County shall also incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Attachment 3 only applies to the Garden Project contracts with the Implementing Entities.

CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 3 due to the nature of the services to be provided. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff.

14. Mobile Tool Lending Library
Fund the development, implementation, and on-going maintenance of a mobile tool lending library that is accessible to the public within the Mitigation Fee Primary Funding Area at least once a week. Funding is intended to pay for the purchase of educational material, tools, a cell phone for the library, costs related to the tool lending system & trailer/tool maintenance, and personnel/labor.

Administering Agency: City of Richmond
Implementing Entity: City of Richmond Community Services Department

Reporting/Payment Requirements: Effective July 1, 2020, the City of Richmond Community Services Department shall provide required data pertinent to Strategy 14 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers).

STAFF COSTS
Committee Administration/Staffing Funding: The funding allocated for Committee Administration/Staffing may not be adequate to cover the full cost of staff time necessary for jointly staffing the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee as well as developing, administering and overseeing this Expenditure Plan for the specified period. Supplemental funding allocation may be necessary upon determining actual costs exceed the amount budgeted to cover the intended City/County costs for joint staffing.

Strategy-Specific Funding: The cost of City/County staff time spent providing direct implementation assistance and/or coordination for specific Strategies may be covered with a portion of the NRMF funding budgeted for each applicable Strategy. Additionally, a portion of the NRMF funding budgeted for Strategies will be used to pay fixed administering agency contracting charge for each applicable contract (Currently $3,000 per contract. An additional $3,000 may be added to a contract amendment to add additional funding or nonprofits to a contract during an existing contract cycle) unless otherwise specified herein.

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TEMPLATE MEMORANDUM OF UNDERSTANDING BETWEEN

AND

COMMUNITY HOUSING DEVELOPMENT CORPORATION

This is an agreement made and executed on _______ between Community Housing Development Corporation (CHDC) and _______ (Contractor). This contract will remain in effect for the time period identified in the TERM section of the agreement.

OVERVIEW:

The _________ North Richmond Mitigation Fee (NRMF) Expenditure Plan approved by the Board of Supervisors in ______ and Richmond City Council in _______ allocates a total of $_______to the Contractor for the disbursement of funds within Strategy 10 to complete Clean-Up Project(s) in the North Richmond Mitigation Area.

TERM:

The term of this agreement begins on _______ and ends on _______. Contractor will complete all work performed under this agreement not later than ________. Invoices submitted for work performed before or after this specified term and invoices submitted after _______will not be paid.

I. Contractor’s Obligations

The Contractor shall administer the _________, as described herein for an amount not to exceed $_____involving the following activities:

A. Recruit and Hire up to four (4) workers

1. Contractor will develop and publicize the job announcements. Job announcements shall contain, “Jointly funded by The City of Richmond & Contra Costa County” language.

2. Contractor will interview, select and hire up to four workers.

3. Contractor will host training for new hires that discusses the proper procedures of dispos al of hazardous waste (televisions, phones, batteries, tires, paint etc.).

Task A - Deliverables:

1. Documentation of publicized job announcement in English/Spanish with required jointly funded language.

2. Documentation of hiring papers.

B. Clean up to _____(_) North Richmond Sites Approved by the County

1. Contractor shall select North Richmond addresses provided by the County or City to be cleaned during each clean up. Community clean -up p rojects may involve the remo val of debris and/or landscaping maintenance.
a. Addresses provided by the County or City will include a description of debris for removal and/ or landscaping needs.
b. Addresses provided by the County o r City shall only be selected once for clean -up unless directed otherwise by County Staff.

2. Contractor will confir m with the County the address for cleanup one week and provide clear written procedures for the proper disposal of all waste types previously described at each clean-up site, including Attachment 1
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waste that is recyclable, hazardous or requires special handling. Proc edures shall be su bmitted and approved by the County before the site is cleaned up.

3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste.

4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris remo ved from the area during clean -up, using a log or other method agreed upon in advance.

5. Contractor shall demonst rate how the mate rials/debris re moved dur ing the clean-up were transported and where each type was properly recycled, composted or disposed.

Task B - Deliverables:

1. Documentation of disposal procedures approved by the County for each confirmed clean-up address.

2. Before photos of the entire site before the material/debris has been cleaned up.

3. Completed Contractor’s Log identifying the types and amount of material/debris removed.

4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos.

5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe.

For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. e- mail message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation.

C. Attend Community Meetings and Events

1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31st, March 31st and June 30th).
a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter.

Task C - Deliverables:

1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings

D. Reporting & Invoicing

1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting 441

documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report.

Task D- Deliverables:

1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose

2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a.

3. Completed Final P rogress Report a ddressing the entire pro ject to be submitted with the final invoice consistent with Section III.3.a.

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E. Eligible Costs:

Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______.

Budget Line Items by
Task/Deliverable
Quantity Payment
per Unit
Total
Payments Budget Amount
A. Recruit and hire up to four (4) workers $ 1,750 Deliverable 1 - Recruitment
Documentation 1 each $350 $350
Deliverable 2 - Hiring
Documentation 4 each $350 $1,400
B. Clean-up up to _____(_) designated locations in the
NRMF Funding Area $ _______
Deliverable 1 - Procedures _ each $200 $1600-
Deliverable 2 - Before
Photos _ each $300 $2,400-
Deliverable 3 - Contractors
Log _ each $400 $3,200-
Deliverable 4 - After Photos _ each $300 $2,400-
Deliverable 5 - Disposal
Documentation _ each $600 $4,800-
C. Attend North Richmond Green Meetings $ 750
Deliverable 1 - NR Green
Meetings 3 each $250 $750
D. Reporting and Invoicing $ 2,500
Deliverable 1 - Timely &
Complete Invoice 9 each $100 $900
Deliverable 2 - Progress
Reports 8 each $150 $1,200
Deliverable 3 - Final
Progress Report 1 each $400 $400

SUBTOTAL $ ______
Fiscal Agent (10% of amount
invoiced) $0

TOTAL BUDGET &
ALLOWABLE PAYMENTS $ ______

II. CHDC’s Obligations
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Subject to the payment limit of $______CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement.

III. Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than $______. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid.

1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance.

2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.

3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables.
a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested.

4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.
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a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations.
b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice.

SIGNATURES: Executed on the dates and by the persons named below.

Date: ____________________________ Date: _________________________________

By: _________________________________ By: ___________________________________

Name: _______________________________ Name: ________________________________

IV. Conflict of Interest
By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee.

Signature:________________________________________________________________

Name: __________________________________________________________________

Title: ___________________________________________________________________

Date: ___________________________

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Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance
Payment Allowed
(Up to 10% of
Implementer
Award Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award Amount
for Project
Notes
Social Progress Inc. Brighter Beginnings in North
Richmond Yes $ 29,999.76 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 SOS! Richmond SOS! Richmond Yes $ 75,000.00 $ 36,050.00 $ 1,000.00 $ 6,650.00 $ 28,400.00 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 25,250.00 $ 1,000.00 $ 4,850.00 $ 19,400.00 $ 124,999.76 $ 86,550.00 $ 3,000.00 $ 16,350.00 $ 67,200.00 Total Funding Requested/Allocated 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding.
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts.

Attachment 2 - Community Clean-up Projects Table (Strategy 10) Amended 2022/23 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $86,550.00 is recommended to be allocated in the Amended 2022/2023 Expenditure Plan for Community Clean-up Projects (Strategy 10). Two of the three entities below were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 The third entity, SOS! Richmond, was added per Committee direction at the October 16, 2020 meeting.

Community Clean-up Projects Recommended for Funding in 2022/2023 446

Garden Project Reporting and Invoicing Requirements
Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments

Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice.

Task Deliverables
The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task.

The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor.

Timely Submittal of Invoices
A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified.

The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports.

Pre-approval Required for Supplies and Materials
Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task.

Attendance of Community Meetings and Events
Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s).

Acknowledgment Required on Outreach & Promotional Materials Attachment 3
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Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address.

Authorized Advance Payments
In order to receive any potential payment in advance, such must be authorized for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan, the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount (not to exceed 10% of total award) would pay for and how such costs will aid in the completion of each applicable required task.

Conflict of Interest Provisions
Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Contra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County).

Payment Provisions
Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th.

Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment.

1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables.

a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested.

2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below.

a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation.
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b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice.

City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement.

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Implementing Entity /
Fiscal Sponsor
(if applicable)
Project Title
Advance Payment
Allowed
(Up to 10% of
Implementer Award
Amount)
Requested
Amount
Total Award
Amount
County
Contracting
Costs2
CHDC
Contracting
Cost (20%) to
Manage Non-
Profits2
Non-Profit
Implementer
Award
Amount for
Project
Notes
Watershed Project Curb Appeal No $ 29,986.25 $ 28,062.13 $ 1,747.34 $ 5,262.96 $ 21,051.83 Communities United Restoring Mother
Earth (CURME) /
Greater Richmond Interfaith Program
Lots of Crops No $ 15,092.00 $ 20,117.66 $ 1,252.66 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 45,078.25 $ 48,179.79 3,000.00 9,035.96 $ 36,143.83 Attachment 4 - Garden Projects (Strategy 13)
2022/2023 Funding Allocations for Garden Projects
recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2022/2023 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2022/2023
2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. 450
Southern boundary
shown on back side
Attachment 5
451
Hensley St
Garrard Blvd
Richmond Pkwy
7th St
Hensley St
Duboce Ave
Sanford Ave
8th St
Willard Ave
9th St
York St
Vernon Ave
Filbert St
Lincoln Ave
Battery St
Factory St
N Castro St
Kelsey St
6th St
Triangle Ct
Leo St
10th St
Amstan Ln
Cherry St
Lucas Ave
Presco Ln
Joy Ave
Enterprise Ave
Factory St
Committee Approved Additions to Primary Mitigation Funding Area Market Ave
Chesley Ave
Rum
rill Blvd
Legend
July 2006 Additiion to Mitigatin Funding Area
Primary Mitigation Funding Area
²
0 130 260 390 52065
Feet
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November 28, 2023

Mayor's Office

DATE: November 28, 2023
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Urban Forest Advisory Committee Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Melissa Garvey is applying for a vacant seat on the
Urban Forest Advisory Committee.

RECOMMENDED ACTION:

APPOINT Melissa Garvey to the Urban Forest Advisory
Committee with a term that expires on November 17,
2026 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

Melissa Garvey has a passion for nature and building community. She sees the greening of Richmond as an important tool to combat climate change and local pollution. Her background in communications and project management gives her a unique skillset that could be an asset to the committee. She is also a former member of the Sierra Club which is an environmental organization.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted Application
AGENDA
REPORT
453
454

November 28, 2023

Police Department

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Contract Amendment No. 1 with Cellebrite for Law
Enforcement Investigations Software and Hardware
FINANCIAL IMPACT: The proposed $12,791.34 first year expenditure is included in the Police Department’s approved Fiscal Year (FY) 2023-24 budget and will be budgeted for
appropriately in FY 2024-25 and Fiscal Year 2025-26 –
account string 01191021-400209.

PREVIOUS COUNCIL
ACTION:

October 20, 2020

STATEMENT OF THE
ISSUE:

The Police Department is requesting approval of a
contract amendment with Cellebrite to continue utilizing the cellphone analyzer tool by upgrading the software
platform to the Premium Software as a Service (SaaS)
package.

RECOMMENDED ACTION:

APPROVE a first contract amendment with Cellebrite in
the amount of $36,374.01, for a new total contract
amount not to exceed $70,654.74, to allow the Police
Department to continue using the cellular phone analyzer tool to extract evidence from cellular phones, and to
extend the contract term end date to November 28, 2026
- Police Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
455

November 28, 2023
DISCUSSION:

The Police Department has utilized Cellebrite for investigations related to human trafficking, homicides, robberies, and other crimes, since 2020.

During the course of these type of investigations, the use of cellular phones (by suspects and victims) are collected as evidence. When legal authority is obtained (whether by means of a warrant or consent), retrieval of the information from the cellular phone can be burdening. The use of a cellular phone analyzing tool is essential.

Criminal investigations, especially those with lengthy consequences, are cumbersome and oftentimes rely on physical evidence, in particular data retrieved from cellular phones (from the suspects and victims).

Maintaining the Cellebrite cellular phone analyzing tool by upgrading the software package will further assist the Richmond Police Department in retrieving evidence expeditiously and investigating crimes more efficiently.

The contract amendment total is for $36,374.01 of which $12,791.33 will be due in year one and includes the premium adapter for $1,000. The two remaining years will be billed equally at $11,791.34 per year.

DOCUMENTS ATTACHED:

Attachment 1 – Cellebrite Executed Contract
Attachment 2 – Cellebrite Amendment No. 1
Attachment 3 – IT Auth_Cellebrite Fully Executed
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Contract Amendment between the City of Richmond and
Cellebrite
Amendment No.
1 P.0./Contract No.
5458
AMENDMENT PROVISIONS {TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
November 1, 2020
(Insert original contract commencement date)
and it terminates
November 28, 2026
(Insert new contract termination date)
unless sooner terminated as provided herein."

2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by$ 36,374.01 . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 70 654.74 including expenses."
"The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000."

3. The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
a. This amendment includes a three year license with Cellebrite Premium aaS Package. The cost of $36,374.01 is the total cost for the three year license, which includes the hardware to utilize Cellebrite Premium Core Package and extend the UFED 4PC Ultimate subscription through November 28, 2026. Cellebrite will continue to provide necessary maintenance, and customer support as needed. For further detail please refer to Exhibit A-1.
- Cellebrite will provide the city of Richmond the hardware necessary to operate the Cellebrite Premium Core Package.
- The contract increase includes the cost of the hardware ($1,000), and three years (paid annually) for Cellebrite Premium Core Package ($11,791.34/ year). b. Cellebrite will comply with the City of Richmond's Sanctu ary City Policy as attached herein as Exhibit A-2.

Contract AmendmenUEJ/TE 9-26-07
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Exhibit A-1
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November 28, 2023

Police Department

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Proposed Contract with International Business
Information Technologies, Inc., d.b.a. LEFTA Systems.

FINANCIAL IMPACT: The proposed expenditure of $8,000 is budgeted in the Police Department’s approved budget for Fiscal Year
2023-2024 and staff will budget appropriately in the
subsequent budget periods – account string 01191021-
400209.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

Richmond Police Department (RPD) staff must submit
training files and records to the Police Officer Standards and Training (POST) to ensure officers meet minimum
standards. Maintaining paper records and mailing in
submissions can be problematic if lost or misplaced. RPD staff is seeking approval of a contract to allow for an electronic file storage and submission service.

RECOMMENDED ACTION:

APPROVE a three-year contract with International
Business Information Technologies, Inc., d.b.a. LEFTA
Systems, in an amount not to exceed $25,000, including
a $1,000 contingency, for software that will store, track, and submit paperwork to Police Officer Standards and
Training (POST), for the contract term November 28,
2023 through November 27, 2026 – Police Department
(Chief Bisa French 510-621-1802).

AGENDA
REPORT
619

November 28, 2023
DISCUSSION:

Officers throughout California are required to complete training in order to comply with the State of California Commission on Police Officer’s Standards and Training (POST).

In order to comply officers must complete their training on time and submit the required paperwork prior to POST. Police Department staff have relied on paper files and a physical filing system to track all sworn, and some non-sworn (i.e., dispatch, records) positions. Additionally, tracking is very difficult and on a user basis varies between excel, paper checklists, and various other documents and styles – there is no central repository available to collect all the information in a clean and concise manner. In the current process, training requests, files, and certificates of completion can get lost.

Richmond Police Department staff issued a Request for Proposals on July 27, 2023, to solicit bids for software that will maintain electronic filing and submission to Police Officer Standards and Training (POST). The bidding process closed August 10, 2023, with four qualified bidders: 3AM, International Business Information Technologies, Inc., d.b.a. LEFTA Systems, Benchmark Analytics, and Treinetic. Scoring was based upon vendor background and cost, weighted 70 percent and 30 percent, respectively.

International Business Information Technologies, Inc., d.b.a. LEFTA Systems was the highest scoring choice for both items and will meet the needs of staff and the requirements of POST.

The Field Training Officer (FTO) and Managing Employee Training Records (METR) software by International Business Information Technologies, Inc., d.b.a. LEFTA Systems, “LEFTA”, will eliminate the need for department staff to store paper files and will be able to automate and accurately store all training files. LEFTA will create a central electronic repository of training information for more accurate tracking and reporting. In addition, LEFTA can electronically track a trainee’s field training process so the training notes can be viewed by all necessary training officers and the Personnel and Training Unit. Currently, the Training Officer must fill out an evaluation form that has to be emailed, which is not very efficient and can lead to problems tracking the changes.

Department staff believes LEFTA will improve operational efficiency, support officer well-being, reduce liability for officers and the department, improve public safety, build trust and transparency, will allow department staff to stay ahead of Federal reform. In addition, department staff also believes that LEFTA’s electronic training will save thousands of dollars in paper, printing, and mailing expenses during the contract term.

In an effort to reduce errors, add automated features such as training reminders, due dates, etc., and cut back on overall expenses related to filing, printing, and submission, department staff is requesting a contract approval for an annual expense of $8,000 per year, plus a $1,000 contingency to accommodate any necessary changes, for a total contract amount of $25,000 over the three-year period.

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November 28, 2023
DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract
Attachment 2 – Request For Proposals
Attachment 3 – Approved IT Authorization

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CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

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
623
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:
624
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. 625
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
Project Manager: Department:
1701 Regatta Blvd.

Richmond, CA 94804

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. 626
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, 628
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. 629
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. 630
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 631
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 633
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 634
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 635
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 636
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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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 638
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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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.

41. Sanctuary City Contracting Ordinance (SCCO). The Richmond Sanctuary City Contracting Ordinance No. 12-18 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”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G, prior to the execution of this Agreement.
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For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
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For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
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In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

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

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

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

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

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

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

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

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

6. Cyber Liability Insurance

Required Coverage

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

If CONTRACTOR is self-insured, provide a certificate of Permission to 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)

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
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Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

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

Same limits as General Liability.

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

Additional Insured Endorsement

Additional Insured Endorsement
(continued)

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

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

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
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Revised: September 2011
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

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

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or 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 Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until 645
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Revised: September 2011
insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

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

Cancellation

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

Reporting Requirements

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

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

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CITY OF RICHMOND
Sanctuary City Compliance Statement

The undersigned, an authorized agent of International Business Information Technologies, Inc. d.b.a. LEFTA Systems (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 1st day of August, 2023 , Jacksonville, Florida.

Printed Name: Bryan Selzer Title: CEO

Signed: Date: 08-01-2023

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
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10-24-2023
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Request for Proposal

Personnel and Training Tracking Software

Release Date: July 27, 2023

Deadline for Submittal: August 10, 2023, 5:00PM

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INTRODUCTION

The City of Richmond’s Police Department is soliciting proposals for a Software as a Service (SaaS) solution to track personnel and training information (department has about 150 Sworn and about 100 Professional Staff) and allow for electronic transmission to POST.

Failure to submit information in accordanc e with the RFP requirem ents and procedures may be cause for disqualification. The anticipated term of this contract will be for a period of three (3) years.

Vendors are required to read and understand all information contained within this entire Proposal package. By responding to this RFP, the vendor agrees to read and understand these documents.

PROPOSAL FORMAT GUIDELINES

The proposal should be concise, well organized, and demonstrate the proposer’s qualifications and experience applicable to the Project.

The following proposal sections are to be included in the Vendor’s response:

A. Background, Qualifications and Description of SaaS Solution This section should describe your S aaS solution for tracking and managing Personnel and Training information for a Law Enforcement Agency. Please include references of similar agencies (Preferably in the Northern California area) currently using your solution.

B. Scope of Services
Please describe the general guidelines (Project Management) and general timeline for implementation. In addition, pl ease give a highlight of features and functionality typically used to track trai ning information for Sworn personnel, as required by POST and how your SaaS will meet this requirement.

C. Cost Information
Provide a comprehensive fee schedule for all the services the Respondent will provide to the Polic e Department. All cost and pricing data, including documents showing indirect costs and direct labor rates should be included in the proposal.

D. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the Police Department. If Offerors intend to subcontract any portion of the result ing contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the Department.
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E. Exceptions to this Request for Proposals
The proposer shall state whether it takes exception(s) to this RFP, including but not limited to the City of Richmond’s Standard Serv ices Agreement – RFP (Attachment 1). 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 or additions to sections of City of Richmond’s Standard Services Agreement must be shown by requesting deletion of specific words and/or by pr oviding new requested contract language.

Requests for complete replacement of the City of Richmond’s Standard Services Agreement for another contract will not be granted. Failure to make exceptions to the RFP or Standard Services Agreement within the proposal will be deemed a waiver of any objection. Exceptions will be considered during the proposal evaluation process.

F. Statement of Impartiality and Disclosure
This proposal shall include a statement declaring that the proposer’s and sub- consultants are not currently, and wil l not, during the performance of these services, participate in any other similar work involving a third-party with interests currently in conflict or likely to conf lict with City of Richmond’s interests.

Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of the proposer to carry out the Project.

G. Sanctuary City Contracting and In vestment Ordinance 12-18NS_2018, and Resolution 86-21 (Disclosure Statement of Limited Liability Companies Form The City of Richmond’s Sanctuary Contra cting Ordinance cert ification requires the City to refrain from doi ng business with vendors who provide Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Departm ent of Homeland Security (“ICE”). In addition, City of Richmond Resolution 86-21 requires disclosure of beneficial and responsible owners of Limited Liabilities Corporation (LLC).

PROCESS FOR SUBMITTING PROPOSALS

Questions Concerning Request for Proposals
Please do not contact staff di rectly regarding this Proposal . Electronic Proposals shall be submitted via the City’s secure online bi dding system. All required sections of the proposal must be submitted via the website. Contractor is solely responsible for “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors wil l receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

Proposals must be received no later than August 10, 2023, 1700 hours.

All questions must be submitted via the electronic BidsOnline system on the Q&A tab no later than August 3, 2023, 5:00pm PST. The City of Richmond reserves the right to waive inconsequential irregularitie s. If the City finds it necessary to issue an addendum, prospective Offerors will receive e-mail not ification of addendum. It is the proposer’s 652

responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/ bids for any possible Addenda to the RFP that may have been posted.

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

Interested parties may download copies of the above-mentioned proposal by visiting the City's web site, to download RFP, new vendors will be require d to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for th at project and will receive any addenda or notifications relating to the RFP.

Submission of Proposals
Please submit your proposal via the City of Richmond's BidsOnline system. Proposals submitted by facsimile or e-mail are not acceptable and will not be considered.

The proposal and any required certifications shall be signed by an individual or individuals authorized to execute legal documents on behalf of the proposer.

Proposer is responsible for submitting it s entire proposal packa ge with all required submittal documents and any modifications or revisions, to reach the City of Richmond’s office as designated in the RFP by the time specified below. Any proposal, modification, or revision received by the City of Richmond after the exact time specified for receipt of proposals is “late” and will not be considered.

The City of Richmond reserves the right to waive inconsequential irregularities.

GENERAL GUIDELINES
This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject a proposal without providing the reason(s) underlying the declination. A failu re to award a contract to the proposer with the lowest cost proposal shall not constitute a valid c ause of action against the City of Richmond.

The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The Cit y may investigate the qualific ations of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

4. Remedy technical errors in the Request for Proposal process.

5. Negotiate with any, all, or none of the Respondents.

6. Solicit best and final offers from all or some of the Respondents.

7. Select one or more Respondents.
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8. Accept other than the lowest proposed fees.

9. Waive informalities and irregularities in proposals.

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

Insurance Requirements
The City of Richmond requires consultants doing business with it to obtain insurance, as shown in RFP Attachment 2. The required in surance certificates must comply with all requirements of the standards as shown and must be provided within fifteen (15) days of issuance of the Notice of Intent to Award and prior to the commencement of any work on the Project.

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

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

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

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

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

Ownership of Documents
All reports, studies, information, data, stat istics, forms, designs, plans, procedures, systems, and any other materials produced for the Project shall be the sole and exclusive 654

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

PROPOSAL EVALUATION AND SELECTION PROCESS
All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from furt her consideration.

Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.

The City reserves the right to reject any or all proposals, or to make no award. The City also reserves the right to require modifications follow -up with requests for additional information, including, but not limited to, follow-up interviews. The City may request Best and Final offers based upon improved understandi ng of the offers or changed scope of service. The City will negotiate with that vendor to determine final pricing, and contract form. Because this proposal is negotiable, a ll pricing data will remain confidential until after award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process.

Vendors that meet the minimum qualificat ions may be invited to a “Phase II” meeting/demonstration for the evaluation committee for further clarification and consideration. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Vendor Background, Qualification and SaaS Solution - 70%

Cost – 30%

Selection may be made without further di scussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications.

The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

Award
When the Review Panel has completed its work, Police Department personnel will then work with the Respondent to complete the administrative paperwork. 655

November 28, 2023

Police Department

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Purchase of a Dual-Purpose Police Canine to Fill Vacant Team Position
FINANCIAL IMPACT: The proposed expenditure of $18,231.87 will come from the Police Department’s approved budget for Fiscal Year 2023-2024 – account string 01191021-400605.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

Police Department staff is requesting approval to
purchase a police canine with the associated training to replace a canine due for retirement at the end of the
year. The replacement will allow Police Department staff to maintain one canine on each of the five patrol teams.

The purchase and associated training will be made from
Top Dog Police K9 Training & Consulting, LLC.

RECOMMENDED ACTION:

APPROVE the purchase of a police canine and the
associated eight-week training class from Top Dog Police K9 Training & Consulting, LLC. in an amount not to
exceed $18,231.87 - Police Department (Chief Bisa
French 510-621-1802).

AGENDA
REPORT
656

November 28, 2023
DISCUSSION:

The City of Richmond Police Department’s Canine Unit has identified three vendors that can provide dual purpose police canines: Vohne Liche Kennels, Top Dog Police K9 Training & Consulting, LLC, and Spectrum Canine. Top Dog Police K9 Training & Consulting, LLC has the largest selection of police canines on hand at any given time.

Their flexibility, location, and number of available dogs would allow us to fill the vacancy, begin training, and certify the canine immediately. Top Dog Police K9 Training & Consulting, LLC is recognized as one of the nation’s premier police service dog suppliers and trainers. Their trainers have a background in law enforcement with a wealth of knowledge and experience gained as previous law enforcement canine handlers.

Richmond Police Department uses police canines on a daily basis and maintains one canine per patrol team for a total of five canines. Canines are used to help clear out residences and buildings that have been burglarized, locate narcotics and firearms, and apprehend individuals who have committed crimes and pose a threat to the community.

The canines work closely with Richmond Police Officers and community members to minimize threats and prevent violent criminals from hiding and eluding capture. Their ability to locate firearms and narcotics allows officers to recover dangerous items that otherwise could not be located. Police canines are vital members of our police force.

Their service is important to the safety of police personnel and the community.

Therefore, Police Department staff are requesting the approval to purchase one new canine officer and the associated training from Top Dog Police K9 Training & Consulting, LLC to replace the police canine officer set to retire later this year.

DOCUMENTS ATTACHED:

Attachment 1 – Quote Top Dog Police K9, LLC.

Attachment 2 – Quote Spectrum Canine
Attachment 3 – Quote Vohne Liche Kennels, Inc.

657
Top Dog Police K9 Training & Consulting , LLC
“We don’t just train dogs, we train teams .”

3805 Wesson Ranch Rd .

Modesto, CA 95356-1122
Phone (209) 596-4336

DATE: OCTOBER 12, 2023
TO:

Richmond Police Department
1701 Regatta Blvd.

Richmond, CA 9480 4

Attn: Sgt. James Moody
FOR:

Purchase of Dual Purpose K9
Basic Handler School

Quote

DESCRIPTION Date Cost Per AMOUNT Due
Purchase of one dual purpose K9 TBD $10,500.00 $10,500.00 8 weeks Basic Handler School TBD $850.00 $6,800.00

8.875% sales tax for dog

$931.87 $931.87

Federal Tax I.D. # 83-1941233
QUOTE ONLY $18,231.87

Thank you for your bu siness!
Checks payable to: Top Dog Police K9 Training and Consulting , LLC 658
Invoice #0006028
Hello!
Attached is the invoice for a dual purpose Police K9!
Please let us know if you have any questions.

Sincerely,
Spectrum Canine
Customer Invoice Details Payment
Sgt. Moody Richmond PD
[email protected]
PDF created October 12, 2023
$14,000.00
Due October 6, 2023
$14,000.00
Items Quantity Price Amount
Dual Purpose Police K9 1 $14,000.00 $14,000.00
Subtotal $14,000.00
Total Due $14,000.00

Spectrum Canine
[email protected] | 510-629-9498
Invoice #0006028
Issue date
Oct 6, 2023
Pay online
To pay your invoice go to https://squareup.com/u/2P8D6Liv x Or open the camera on your mobile device and place the QR code in the camera's view.
659
Invoice #0006029
Hello!
Attached is the invoice for a dual purpose patrol school! Please let us know if you have any questions.

Sincerely,
Spectrum Canine
Customer Invoice Details Payment
Sgt. Moody Richmond PD
[email protected]
PDF created October 12, 2023
$10,000.00
Due October 6, 2023
$10,000.00
Items Quantity Price Amount
Dual Purpose Patrol School 1 $10,000.00 $10,000.00
8 Week Dual Purpose School: This school is for the handler and dog to learn how to perform together and become a proficient team in both patrol and detection. The handler and dog will receive continual hands-on instruction from two instructors and training in all aspects of patrol and detection work, and gain an understanding on how not only to handle their dog, but also how to continue improving the basic set of skills the dog already has. The course ends with POST certification in both patrol and the chosen detection work by an independent POST certified evaluator.

Subtotal $10,000.00
Total Due $10,000.00

Spectrum Canine
[email protected] | 510-629-9498
Invoice #0006029
Issue date
Oct 6, 2023
Pay online
To pay your invoice go to https://squareup.com/u/ES0iZEth x Or open the camera on your mobile device and place the QR code in the camera's view.
660
Cost Quote
Date
10/12/2023
Estimate #
14440
Bill To
Richmond Police Dept
1701 Regatta Blvd
RIchmond, CA 94804
Ship To
Richmond Police Dept
1701 Regatta Blvd
RIchmond, CA 94804
Vohne Liche Kennels, Inc.
7953 N Old Rt 31
Denver, IN 46926
P.O. No. Terms
Net 30
Due Date
11/11/2023
VLK Rep
NKT
Contact #
This estimate is good for ninety days. Thank you for your inquiry.

Total USD
Subtotal
Sales Tax (9.25%)
Description Qty Rate Total
Dual Purpose Gun Detector Dog Course, 6 Weeks 1 6,000.00 6,000.00T Dual Purpose Pre-trained Gun Dog, Untitled.

Guarantee: Effective from date of purchase. 100% health 6 Months, Skeletal 12 Months. If a genetic or hereditary problem is found K-9 will be replaced. Vet report must accompany K-9 on return.

Workability 3 Months, Compatibility 1 Month.
1 12,000.00 12,000.00T
TAX ID # 35-2148814 0.00
California Seller's Permit Number EHC102290444 0.00 0.00T (765) 985-2274 Phone
(765) 985-2595 Fax
www.vohneliche.com $19,665.00
$18,000.00
$1,665.00
661

November 28, 2023

Police Department

DATE: November 28, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

County Amendment to the Agreement for City of
Richmond Animal Services
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

July 19, 2022

STATEMENT OF THE
ISSUE:

The Animal Services Agreement issued by the County
included a clerical error that stated the unincorporated portion of the county would be included in the annual
payment calculation; however, the formula example
remains unchanged since it did not capture the
unincorporated population.

RECOMMENDED ACTION:

APPROVE and ACCEPT the Contra Costa Animal
Services revisions to the agreement originally approved by City Council on July 19, 2022 – Police Department
(Chief Bisa French 510-621-1802).

DISCUSSION:

Upon noticing an error that described the formula to be used when calculating each city’s contribution, Beth Ward, County Director of Animal Services, sent a letter explaining a clerical error made to Section 13.a.iii of the executed agreement. Ms.

Ward’s letter states:

AGENDA
REPORT
662

November 28, 2023
“[…] the population used to calculate the per-capita rate would include both the cities for which the County provides animal services and the unincorporated population. That needs to be corrected because it should only reflect the incorporated populations of the cities and towns we contract with, not the unincorporated areas. To correct this, section 13.a.iii of the Agreement must be amended to remove the clause ‘…of the unincorporated area plus the…,’ as indicated below:

13. Annual Fee a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the county the following amounts (“Annual Fee”):

… iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) the County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

While the example below the deleted excerpt in the Agreement reflects the correct formula, the narrative does not accurately capture the fee structure as devised in the County’s strategic planning process and what had been previously communicated during meetings between City officials and Animal Services. I have attached an amendment that corrects this error—i.e., removes the erroneous highlighted section to match the formula and what was agreed upon between the City and County. The City of Richmond will thus need to process this amendment with their City Council to correct this section in the City-County Animal Services Agreement.”

Police Department staff are requesting that City Council approve this agreement in its amended state to omit the “unincorporated” populations when determining the city’s responsibilities for payment.

DOCUMENTS ATTACHED:

Attachment 1 – Letter from Beth Ward
Attachment 2 – Amendment to the Agreement
Attachment 3 – Original Agreement

663
Animal Services Department
4800 Imhoff Place
Martinez, California 94553-4300
(925) 608-8400
Beth Ward
Animal Services Director
Contra
Costa
County
October 3, 2023
Ms. Shasa Curl
City of Richmond
450 Civic Center Plaza, Ste. 300
Richmond, CA 94804
Re: Service Agreement Amendment (i.e., Section 13.a.iii. CORRECTION) Dear City Manager Ms. Sasha Curl,
I wanted to reach out to you today to bring forward a correction in Section 13. a. iii of the City – County Animal Services Agreement (“Agreement”) that pertains to the calculation of the Annual Fee. Unfortunately, your city council members approved the agreement without the revised language for section 13.a.iii.

The Agreement states that the population used to calculate the per-capita rate would include both the cities for which the County provides animal services and the unincorporated population. That needs to be corrected because it should only reflect the incorporated populations of the cities and towns we contract with, not the unincorporated areas. To correct this, section 13.a.iii of the Agreement must be amended to remove the clause “…of the unincorporated area plus the…,” as indicated below:

13. Annual Fee a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the county the following amounts (“Annual Fee”):
… iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) the County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

While the example below the deleted excerpt in the Agreement reflects the correct formula, the narrative does not accurately capture the fee structure as devised in the County’s strategic planning process and what had been previously communicated during meetings between City officials and Animal Services. I have attached an amendment that corrects this error—i.e., removes the erroneous highlighted section to match the formula and what was agreed upon between the City and County. The City of Richmond will thus need to process this amendment with their City Council to correct this section in the City-County Animal Services Agreement.

Please let me know if you have any questions.

Thank you,
Beth Ward
Beth Ward, Director
DocuSign Envelope ID: 1A1067EF-52C1-451C-AD9E-5C5F4BBC0DA0 664

AMENDMENT BETWEEN THE COUNTY OF CONTRA COSTA AND THE CITY OF

RICHMOND, CA ANIMAL SEVICES AGREEMENT
County of Contra Costa (“County”), a political subdivision of the State of California, and the City of Richmond (“City”), a municipal corporation of the State of California and in the County, hereby execute this administrative amendment to the City-County Animal Services Agreement, effective July 1, 2022 (“Agreement”), to correct an error in the Agreement and to accurately reflect the original intent and agreed upon terms between the City and County. NOW THEREFORE, County and City hereby amend the Agreement, as follows:

1. Correct Section 13.a.iii. of the Agreement. To accurately reflect the original intent and agreed upon terms between the City and County, Section 13.a.iii. of the Agreement is hereby amended to remove the erroneous clause “…of the unincorporated area plus the…” Section 13.a.iii. is therefore deleted in its entirety and replaced with the below Section 13.a.iii., as set forth below:

13. … a. … iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of all cities for which the County provides Animal Services. For example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,000, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97 per capita [($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.

2. Aside from the amended Section 13.a.iii of the Agreement, set forth above, all other terms and conditions of the Agreement shall remain in effect as provided therein. Furthermore, nothing in this amendment to the Agreement shall be construed to affect the interpretation of any other section(s) of the Agreement, except for those explicitly referenced above.

COUNTY: CITY

_________________________________ __________________________________

By: Beth Ward

Title: Animal Services Director

Date: ____________________________
By: _____________________________

Title: ____________________________

Date: _____________________________

DocuSign Envelope ID: 1A1067EF-52C1-451C-AD9E-5C5F4BBC0DA0 10/3/2023
665
1 CITY-COUNTY ANIMAL SERVICES AGREEMENT
The County of Contra Costa, a political subdivision of the State of California ("County"), and the City of Richmond, a municipal corporation in the County ("City"), enter int o this City-C ounty Animal Services Agreement (“Agreement”) effective as of July 1, 2022 (“Effective Date”).

1. Authority. The City has adopted by reference Division 416 of the Contra Costa County Ordinance Code (hereafter "Division 416") governing animals.

Division 416 establishes requirements and procedures for animal control by t
he County’s Animal Services Department. This Agreement is entered into to m
emorialize the County’s provision of Animal Services and enforcement of Division 416 within the City as provided in Section 416-4.208, and as authorized by California Government Code section 51301.

2. Enforcement Duties and Personnel. The County will enforce Division 416 within the City’s boundaries. The City hereby designates and appoints the County's Animal Services Director and his or her staff as public officers of the C
ity for the purposes of this Agreement and enforcing and carrying out its provisions.

3. Scope of Services.
a. In addition to enforcing Division 416, t he County will provide to the City the Field Services, Shelter Services, and Deceased Animal Services described in this Agreement (collectively, “Animal Services”) in the m
anner provided for in this Agreement. During periods of emergency (such as fire, earthquake, flooding, pandemic), it might not be possible to pr
ovide the Animal Services to the same extent and within the same time fr
ames as during non-emergency times.
b. Calls made to the County for services that are not provided by the County pursuant to this Agreement will be referred back to the City in which the c
all was requested. In such a case, the City is responsible for determining t
he next appropriate action.
c. The County will provide Animal Services within the City’s boundaries in accordance with all applicable federal, state, and local laws, including the O
rdinance Code.

4. Definitions.
a. “Critically Sick or Injured Animals” means those animals that have life- threatening conditions.
b. “Emergency Calls” means complaints of animal bites, potential rabies exposure, or attacks on humans or domestic animals that are in pr
ogress, or, when a bite or attack has occurred, where the animal remains an immediate threat to humans.
c. “Livestock” means a large domesticated agricultural animal, such as a DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 666
2 cow, bull, steer, horse, sheep, or other large agricultural animal. d. “Regular Field Services hours” means between 8:00 am and 9:00 pm each day of the week, including Saturdays and Sundays.

5. Field Services. The County will provide the following services (collectively, “Field Services”) within the City upon a request from a City resident or person within the boundaries of the City.
a. Pick up and attempt to return to their owners domesticated animals that are found “at large,” to the extent possible without impoundment by relying on the animal’s identification, including dogs, trapped, injured, or sick cats, and other small, domesticated animals, including rabbits, chickens, turkey, geese, and ducks, but excluding wildlife, such as deer, mountain lions, opossums, wild turkeys, raccoons, skunks or squirrels unless a rabies exposure has occurred.
b. Investigate complaints of animal bites, rabies exposure and attacks to humans or domestic animals, including documenting the incident, interviewing witnesses, quarantining animals, preparing and transporting animals for rabies testing, and investigating any alleged violations of a quarantine order.
c. Enforce provisions governing potentially dangerous and dangerous animals, including but not limited to investigating complaints, designating animals, impounding animals, conducting hearings, and issuing permits for animals designated dangerous or potentially dangerous. d. Enforce provisions governing barking dogs and other noisy animals, including but not limited to conducting hearings.
e. Respond during regular business hours to police or fire department calls for assistance regarding animal-related issues. The County may provide after-hours warrant support to the City with advance notice, if County Animal Services personnel are available and willing to volunteer for the assignment, and provided the City pays additional fees sufficient to cover the County’s actual costs.
f. Investigate, cite, impound, and seek resolution of complaints regarding potential mistreatment of domestic animals by their owners.

6. Response Times for Field Services.
a. The County will attempt to respond to requests for Field Services during the hours and within the times specified in this section. The County shall maintain records of its response times to calls for Field Services. i. Priority 1 calls are Emergency Calls, which are calls for assistance from police or fire personnel and calls regarding rabies exposure, dangerous animals, and Critically Sick or Injured Animals.

1. The County will respond to Priority 1, 2, and 3 calls between 8:00 AM and 9:00 PM, seven (7) days per week, including DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 667
3 holidays.

2. For ninety-five percent (95%) of responses to Priority 1 calls, County personnel will attempt to arrive on the scene within two (2) hours from the time when the call for service is received by County staff.
ii. Priority 2 calls are calls to pick up animals that were at large but have since been confined at a location within the County, and calls regarding urgent, animal-related requests for assistance not involving Critically Sick or Injured Animals.

1. The County will respond to Priority 2 calls during regular Field Services hours.

2. For eighty percent (80%) of responses to Priority 2 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 12 hours from the time the call for service is received by County staff.

3. The County will respond to Priority 2 calls received outside of regular Field Services hours no later than 7:00 pm on the next day.

4. The County may respond to Priority 2 calls by taking a report by phone or by contacting parties and witnesses at the scene. iii. Priority 3 calls are all other calls, such as calls regarding animals at large, animals causing a nuisance, and dead animals.

1. The County will respond to Priority 3 calls during regular Field Services hours.

2. For sixty-five percent (65%) of responses to Priority 3 calls received during regular Field Services hours, County personnel will attempt to arrive on the scene within 24 hours from the time the call for service is received by County staff.

3. The County will respond to calls received outside of regular Field Services hours on the next day.

4. The County will respond to Priority 3 calls only after the County has responded to all then-outstanding Priority 1 and Priority 2 calls.

5. The County may respond to Priority 3 calls by taking a report by phone or by contacting parties and witnesses at the scene.

7. Shelter Services.
a. The County will provide the following services to City residents (“Shelter Services”):
i. Impound and shelter lost or stray dogs, injured/sick, lost or endangered community cats, and other small, domesticated DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 668
4 animals that are brought to the shelter by County staff, residents of the County or cities that have contracts with the County for the provision of Animal Services. A community cat is considered endangered if it is in imminent risk of being killed, poisoned, or injured but not if, due to being at large, it is at risk of starvation, being attacked by another animal, or hit by an automobile. Orphaned kittens that cannot survive without human intervention are also considered endangered.
ii. Impound and quarantine biting animals.
iii. Provide rabies testing of animals suspected of infection. iv. Provide for reclamation of abandoned, lost or stray domestic animals.
v. Provide onsite services to the public at the County’s Martinez shelter for the following: search for lost animals, reclaim animals, adopt animals, answer inquiries regarding animals, accept complaints regarding animals, provide vaccines and spay/neuter services for a small fee, conduct humane education programs, and license animals onsite or online.
vi. Provide care for sheltered animals based on the California Veterinary Board Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians. vii. Provide services as required by the California Penal Code Section 597.1 and other laws governing shelters for animal care, treatment, holding periods, placements, and dispositions.
b. Medical Services. As part of the Shelter Services, the County will provide the following medical services (“Medical Services”):
i. The County will provide veterinarian services twenty-four (24) hours per day through partnerships with emergency vets to treat injured or sick impounded animals.
ii. If an animal’s condition requires immediate treatment outside of the County shelter’s regular business hours or when no veterinarian is on staff at the County’s shelter, then County Animal Services Department officers or Good Samaritans may take the animal to any emergency veterinarian clinic/hospital that is under contract with the County to provide emergency veterinary services (as posted on the County shelter’s doors and on the County’s Animal Services Department’s website).
iii. The County will monitor animals on a rabies virus quarantine. iv. The County will conduct a minimum of one vaccine clinic per month and maintain a spay and neuter clinic in Martinez, which for a fee paid by the animal’s owner will provide vaccine and spay/neuter services for County residents’ dogs and cats. The fee will be DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 669
5 approved by the County Board of Supervisors and published on the County Animal Services Department fee schedule.
v. Provide rabies control information free of charge to the public. vi. The County will provide emergency veterinary services in accordance with Section 597(f) of the California Penal Code. c. Shelter Services Hours
i. The Martinez shelter will be open to the public for a minimum of 30 hours per week, 5 days per week, 6 hours per day, including one weekend day each week except during weeks that are shortened by a County holiday.
ii. The Martinez Shelter will be closed on designated County holidays and one day per year dedicated to in-house staff training.

8. Deceased Animal Services. The County will provide the following services within the City in response to calls regarding deceased animals during regular Field Services hours:
a. Pick up deceased domestic animals, wildlife, and livestock from public property.
b. With property owners’ consent, pick up deceased domestic or wild animals from private property for a fee based on the Department’s fee schedule paid directly to the County Animal Services Department by the property owner or reporting party.
c. Identify and notify the owner of deceased animals, whenever possible. d. Dispose of the body of any deceased animal picked up by the County.

9. Excluded Services. The County will not provide the following services to the City under this Agreement:
a. Respond to requests for removal of live or deceased marine animals and disposal of deceased marine animals.
b. Pick up and transport wildlife, including baby birds. c. Pick up live animals for surrender. The County may, at its discretion, accept live animals belonging to County residents for surrender at the Martinez shelter and charge a fee to the animal owner or property owner as part of its regular operations.
d. Respond to pest control issues (i.e., infestations, perceived or real, of squirrels, rats, mice, insects, gophers, wasps, bees, spiders, or other pests).
e. Respond to calls regarding live, sick and injured racoons, opossum, deer, mountain lions, coyotes, wild turkeys, wild pigs, peacocks, or other wildlife unless a rabies exposure has occurred. The County will refer calls regarding live wildlife to the California Department of Fish and Wildlife.

DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 670
6 10. Policies and Procedures. All policies and procedures shall be developed with the goal of ensuring animal welfare, enhancing cost efficiency and quality of services provided to the contracted cities and unincorporated areas of Contra Costa County. They will be developed to reflect best practices in the industry for animal control and shelter animal care using the Guidelines for Standards of Care in Animal Shelters published by the Association of Shelter Veterinarians, ASPCA, the Humane Society of the United States, National Animal Control Association (NACA) and/or other currently accepted best practices for animal control and animal sheltering.

11. Performance and Activity Reports. The County will deliver to the City within 14 days of the end of each quarter, an Animal Control and Results Report summarizing Animal Services provided by the County to the City during the previous quarter and including year-to-date data. This report will include the following information:
a. The total number of calls for service received by the County under this Agreement, identified by type of service and Priority level. b. A response time report identifying response times by Priority level. c. The outcomes for animals impounded, identified by City/County jurisdiction.
d. The number of calls for service received from City residents or persons within the City’s boundaries.
e. A listing of dogs registered to City residents identified as potentially dangerous or dangerous (PDA/DA) that have a valid County-issued PDA/DA permit.

12. Fees and Fines. Pursuant to Food and Agricultural Code Section 30652, all fees and fines collected by the County for providing Animal Services to the City shall be deposited into the County Treasury and shall be used to meet the County’s cost of providing Animal Services to the City.

13. Annual Fee.
a. In consideration for Services provided by the County to the City, and in addition to any fees and fines imposed on City residents, the City agrees to pay to the County the following amounts (“Annual Fee”):
i. For fiscal year 2022-2023, $7.97 for each person residing within the City limits as of January 2022. For example, if the City’s population is 50,000, the Annual Fee is $398,500.
ii. For fiscal year 2023-2024, $9.11 for each person residing within the City limits as of January 2023. For example, if the City’s population is 50,000, the Annual Fee is $455,500.
iii. For each fiscal year thereafter, the per capita rate for the Annual Fee shall be calculated using the following formula: (A) The County’s budgeted cost to provide Animal Services throughout the DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 671
7 County in that fiscal year, minus the sum of animal licensing fees and user fees projected to be received from all County residents in that fiscal year, minus the budgeted County general fund contribution for that fiscal year, divided by (B) the sum of the population of the unincorporated area plus the population of all cities for which the County provides Animal Services.

For
example, if the budgeted cost to provide Animal Services throughout the County is $12,640,000, the animal licensing and user fees projected to be received are $1,620,00, the budgeted general fund contribution is $4,112,000, and the population is 866,583, then the per capita Annual Fee would be $7.97
[($12,640,000 - $1,620,000 - $4,112,000) / 866,583]. For a City with a population of 100,000, the total Annual Fee would be $797,000.
b. The City shall pay the Annual Fee to the County in four equal quarterly installments. Each installment shall be due on the first day of each fiscal quarter (i.e., July 1, October 1, January 1, and April 1). The City shall make the payment to the County Treasurer-Tax Collector, 625 Court Street, Martinez, CA 94553.
c. The City shall pay the Annual Fee to the County regardless of the amount of any fees and fines collected by the County pursuant to Division 416.
d. Each year, the County will prepare a reconciliation report of actual costs incurred by the County to provide Animal Services during the immediately preceding year to ensure the Annual Fee paid by the City covers only actual costs incurred to provide Animal Services. The reconciliation report will be completed and sent to the City in the month of August for each fiscal year. Any cost savings for that fiscal year will be applied to the following fiscal year.
e. For purposes of calculating the Annual Fee, the County shall rely on the population figures reported by the California State Department of Finance E1 Population Estimates report as of January of each year. f. The County shall notify the City of the amount of the Annual Fee for the next fiscal year by March 1st of each year.

14. Term; Termination.
a. The term of this Agreement begins on the Effective Date and continues for two (2) years. This Agreement shall automatically renew for successive three-year periods until either party terminates this Agreement by giving the other party 90 days advance written notice of termination.
b. This Agreement shall automatically terminate if the County repeals Division 416 or if the City repeals its resolution incorporating and applying Division 416 within the City.

DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 672
8 c. The County may terminate this Agreement if the City fails to pay the Annual Fee by its due date by giving the City 30-days advance written notice.
d. The County agrees to meet jointly with all contracting city agencies annually during Quarter 2 of each fiscal year (i.e., October) to discuss potential revisions or updates through the Public Managers Association.

15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties, and supersedes any prior agreement between the parties, with respect to the subject matter hereof. Any amendment to this Agreement must be in writing and approved by the Contra Costa County Board of Supervisors.

16. Governing law; Venue. This Agreement shall be governed by the laws of the State of California. Any dispute arising out of or related to this Agreement shall be brought in Contra Costa County Superior Court.

17. Notices. Any notice to be given to either of the parties in connection with this Agreement shall be sent by U.S. mail to the following address:

If to County:

Director, Animal Services
4800 Imhoff Place
Martinez, California 94553-4300
If
to City:
__________________________
__________________________
__________________________
__________________________
The parties are signing this Agreement as of the Effective Date set forth above.

COUNTY CITY
By: Beth Ward By:

Title: Animal Services Director Title:

Date: Date:

City of Richmond
1701 Regatta Blvd.

Richmond, CA 94804
c/o Richmond Police Dept.

Thomas K. Butt
Mayor
DocuSign Envelope ID: 6044E4CA-6050-4094-98C0-7354E6BF22E8 7/22/2022
7/22/2022
673
Public Works
October 2023
Abatement Update
November 28, 2023
674
NEIGHBORHOOD CLEAN-UPS (2)

1. North & East

2. Pullman
Neighborhood Council Areas
675
NEIGHBORHOOD CLEAN-UPS (2)
74 Seniors and people with disabilities assisted
12 Debris dumpsters removed

28.26 Tons of debris collected
676

ILLEGAL DUMPING
317.6 Tons removed
1246 Locations
677

ILLEGAL DUMPING
678
ILLEGAL DUMPING: PAINT/OIL MATTRESSES AND TIRES
140 Gallons of Paint/Oil 290 Mattresses
248 Tires
679
ENCAMPMENT ABATEMENT (7)

17.76 Tons removed
680
Tonnage Collected Oct Sep Aug Jul Jun May Apr Mar Feb Jan Illegal Dumping 317.6 207.01 238.18 213.87 242.03 185.09 224.86 210.78 169.66 249.87 Neighborhood Clean-
Ups* 53.79 83.83 89.17 34 62.5 60.09 51.84 72.07 11.11 0 Encampments 17.76 4.95 4.43 10.66 8.54 8.67 53.46 13.18 26.54 21.08 Totals 389.15 295.79 331.7 258.53 313.07 253.85 330.16 296.03 207.31 270.95 *Number of Events 2 3 4 3 4 3 3 3 1 0681

WEED ABATEMENT
682

GRAFFITI REMOVAL
276 Tags Removed
138 Locations
683

ABATEMENT STAFF HOURS
Illegal Dumping 1,806
Encampment Removal 52
Graffiti Abatement 168
North Richmond Mitigation 56
Weed/Litter Abatement 502
Private Board Ups & Clean-Ups 48
Transport/Misc.* 62
Total 2,856
October Hours
Illegal Dumping Encampment Removal
Graffiti Abatement North Richmond Mitigation
Weed/Litter Abatement Transport/Misc*
Board Ups/Clean Ups
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal. 684
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2023
0 50
100
150
200
250
300
350
685
ILLEGAL DUMPING TOTAL COST PER MONTH – 2023*
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
January February March April May June July August September October *Includes Labor and Equipment 686
687

PARTNERSHIPS
688