Richmond City Council
November 28, 2023

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, November 28, 2023, 4:30 p.m.

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

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
NOTICE: MASKS ARE STRONGLY ENCOURAGED!!

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

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

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

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

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

Click here for City Harassment Policy

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

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

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

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

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) • Hanlees Hilltop Buick et al. v. City of Richmond
• Riggers Loft Wine Company v. City of Richmond et al.

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Two cases
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
• One case
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

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

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Proclamation Recognizing Diane Richwine for Leadership and Service in Emergency Preparedness
13 PROCLAMATION recognizing Diane Richwine for Exceptional Leadership and Service to the City of Richmond Community Emergency Response Team – Councilmember Soheila Bana (510-620-6743).

O. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
P. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
P.1 City Clerk's Office
P.1.a City Council Meeting Minutes 16
APPROVE the minutes of the October 3, 2023, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

P.2 City Council
P.2.a Annual Payment of the Shuumi Land Tax 27
ADOPT a resolution to make an annual contribution to Shuumi Land Tax to support the work of the Sogorea Te' Land Trust; and DIRECT the city manager and director of Finance to include this annual contribution in the City's budget for the upcoming fiscal year and to continue this commitment as a line item in all future budgets – Councilmember Soheila Bana (510-620-6743).
6 P.2.b Diwali Festival of Lights 32
PROCLAMATION recognizing the Diwali Festival of Lights holiday, on November 12th, and its significance to the City of Richmond’s Hindu populations – Councilmember Cesar Zepeda (510-620-6593) and Mayor Eduardo Martinez (510-620-6503).

P.2.c Letter requesting that Heritage Park at Hilltop not move forward with its current December 1, 2023, rent increase and to reevaluate rent increases in the future.
35 APPROVE a letter to Heritage Park at Hilltop Apartments requesting that it not move forward with its current rent increase and to reevaluate future rent increases and DIRECT staff to work with the Rent Program staff to develop strategies to assist with housing for seniors - Councilmembers Melvin Willis (510) 412-2050) and Cesar Zepeda (510) 620-6593.

P.3 Community Development
P.3.a Motel Leases 43
AUTHORIZE City staff to identify motel properties suitable for use for interim housing pending implementation of plans to address homeless encampments; and AUTHORIZE the city manager to negotiate and execute leases of motel properties for such purposes subject to City Council approval of terms – Community Development Department (Lina Velasco 510-620-6841).

P.3.b Contract Amendment No. 2 with RCF Connects for Housing First and Emergency Housing Assistance Programs
46 APPROVE a contract amendment No. 2 with RCF Connects to add $1,111,633.15 in additional funding for the Richmond Housing First and Emergency Housing Assistance Programs, for total contract amount not to exceed $2,261,717.95, for a term extending through June 30, 2025 – Community Development Department (Lina
Velasco/Jesus Morales 510-620-6706).

P.4 Finance Department
P.4.a Investment and Cash Balance Report and Overtime Reports for the Month of September 2023
107
RECEIVE the City’s Investment and Cash Balance Report for the month of September 2023 – Finance Department (Andrea Miller 510- 620-6740).
7 P.4.b Contract for Business Tax Audit Services and Analysis 123 APPROVE a contract with BRI Consultants, Inc. in an amount not to exceed $250,000, to provide Business Tax Audit Services and provide as-needed analysis, with a term beginning November 29, 2023, and ending December 31, 2026, with two one-year options to renew at the amount of $50,000 per year, for a total contract amount not to exceed $350,000 – Finance Department (Andrea Miller/ Mubeen Qader 510-412-2077/ Antonio Banuelos 510-620-6741).

P.4.c Ordinance changing the due date of the Business Tax for businesses (excluding rental businesses) from July 1st to April 1st and adding a section allowing for a thirty-day grace period before late fees are assessed.
246
INTRODUCE an ordinance (first reading) changing the due date for the business tax (excluding those due from rental businesses) from July 1 to April 1, and add a section allowing for a thirty-day grace period before late fees are assessed – Finance Department (Nickie Mastay/Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620- 6741).

P.4.d Compliance with Developer Fees Reporting Requirements of Sections 66006 and 66001 of the Government Code
252
RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of Government Code – Finance
Department (Andrea Miller/Mubeen Qader/Vrenesia Ward 510-621- 1211).

P.4.e Fiscal Year 2023-24 Quarter 1 Budget Review 257
RECEIVE the Fiscal Year 2023-24 Quarter 1 budget report for the period of July 1, 2023, through September 30, 2023; and APPROVE proposed budget adjustments – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

P.5 Human Resources
P.5.a Amend Staffing (Position Control) and the Salary Schedule, and Appropriate Funds as Required
317
ADOPT a resolution to amend staffing (position control) for the Finance, Community Development-Planning, and Fire Departments; and APPROPRIATE associated salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).
8 P.6 Information Technology
P.6.a Resolution Confirming Standing Orders and Outline Agreements for Technology Related Services from Cal Coast Telecom and Red Cloud
322
ADOPT a resolution authorizing standing orders/outline agreements for technology related goods and services from Cal Coast Telecom and Red Cloud to support critical public safety communications for City infrastructure and emergency services including the Emergency Operations Center, in an amount not to exceed $250,000 per year for fiscal years 2023-2024 through 2026-2027 - Information Technology Department (Sue Hartman 510-620-6874).

P.6.b First Contract Amendment with David Carroll Associates 331 APPROVE a first amendment to the contract with David Carroll Associates, in the amount of $70,000, for a new total contract amount not to exceed $520,000, to provide support and maintenance services for the audio/video technology located in the City Council Chambers, with an extended term through December 8, 2024 – Information Technology Department (Sue Hartman 510-620-6874).

P.7 Library and Community Services
P.7.a Community Crisis Response Program Development Update 368 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).

P.7.b California Department of Parks and Recreation Outdoor Equity Grant Program Cycle 2 Grant Application Submission
391
ADOPT 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 (LaShonda White 510-620-
6828/Jene Levine-Snipes 510-307-8132).

P.7.c Pacific Gas and Electric – Electric Vehicle Fleet Electrification Program
397
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 (LaShonda White 510-620-6828/Denée Evans 621- 1718).
9 P.7.d North Richmond Mitigation Plan Second Amended Fiscal Year 2022- 23 425
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).

P.8 Mayor's Office
P.8.a Urban Forest Advisory Committee 453
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).

P.9 Police Department
P.9.a Contract Amendment No. 1 with Cellebrite for Law Enforcement Investigations Software and Hardware
455
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).

P.9.b Proposed Contract with International Business Information Technologies, Inc., d.b.a. LEFTA Systems.
619
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).

P.9.c Purchase of a Dual-Purpose Police Canine to Fill Vacant Team Position
656
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).
10 P.9.d County Amendment to the Agreement for City of Richmond Animal Services
662
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).

P.10 Public Works
P.10.a Abatement Report from the Public Works Director 674 Receive a written abatement report from the Public Works Director - Public Works Department (Daniel Chavarria 510-620-5478).

P.10.b Dump Day Event Agreement 689
APPROVE the Dump Day Event Agreement with Caltrans; and ACCEPT and APPROPRIATE $50,000 of funds to be reimbursed to the City of Richmond’s Public Works Department, Abatement Division – Public Works Department (Daniel Chavarria/Hugo Mendoza 510- 231-3030).

Q. BUDGET SESSION
Q.1 Update and Funding Options Using American Rescue Plan Act (ARPA) and Environmental and Community Agreement (ECIA)
696
RECEIVE an update regarding the American Rescue Plan Act (ARPA), and Environmental Community Investment Agreement (ECIA); DISCUSS recommendations to utilize ARPA and ECIA funds to offset identified shortfalls in Capital Projects and programs/projects aligned with the City Council Strategic Goals; and ADOPT a resolution appropriating ARPA and ECIA to fund proposed expenditures – Finance Department/City Manager’s Office (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077/LaShonda White 510-620- 6828).

R. PUBLIC HEARINGS
R.1 CONTINUED TO DECEMBER 5, 2023 - Cannabis Ordinance Amendments HOLD a Public Hearing; and INTRODUCE (first reading) an ordinance making certain amendments to Richmond Municipal Code (RMC) Section

15.04.610.270 Marijuana/Cannabis Commercial Uses, that includes, but is not limited to, increasing the number of storefront retail permits and adding new non-storefront retail (delivery only) permits, with a certain amount of the new retailer licenses to be reserved for equity applicants – Community Development Department (Lina Velasco 510-620-6841).
11 S. STUDY AND ACTION SESSION
S.1 Realign Draft Service Scenarios 796
RECEIVE a presentation Ryan Lau, AC Transit External Affairs Representative on the redesign of their services – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

T. ADJOURNMENT
________________________
12

November 28, 2023

City Council

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

Councilmember Bana

Subject:

Proclamation Recognizing Diane Richwine for
Leadership and Service in Emergency Preparedness
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Ms. Diane Richwine deserves recognition for her
exceptional work in emergency preparedness and her
dedication to the Community Emergency Response
Teams (CERT).

RECOMMENDED ACTION:

PROCLAMATION recognizing Diane Richwine for
Exceptional Leadership and Service to the City of
Richmond Community Emergency Response Team –
Councilmember Soheila Bana (510-620-6743).

DISCUSSION:

The City of Richmond recognizes the importance of being prepared for emergencies, especially due to our proximity to the Hayward Fault with a significant risk of major earthquakes. The Community Emergency Response Team (CERT) program is an essential educational outlet for residents to learn valuable disaster response skills, such AGENDA
REPORT
13

November 28, 2023
as fire safety, light search and rescue, team organization, and disaster medical operations.

Diane Richwine has exemplified remarkable leadership by keeping the CERT volunteers connected with the Fire Department, and organizing and conducting the 2023 CERT Academy, including nine 3-hour classes and one 4-hour emergency drill.

Her efforts led to the successful graduation of twenty Richmond residents, an accomplishment made more notable by the fact that there were no dropouts, and the student evaluations of the classes were overwhelmingly positive. This initiative under Diane Richwine’s stewardship represents a successful collaboration between the community and the Fire Department, strengthening the city’s capacity to respond to emergencies. The evident interest and participation of the community, underscored by the easy recruitment of twenty participants and a current waiting list, highlight the value Richmond residents place on being prepared for and capable of responding to emergencies.

Diane Richwine’s dedication to community preparedness and her tireless work to ensure the safety and preparedness of the Richmond community serve as an inspiration to us all. Through her dedication and exceptional leadership, Diane has revitalized this essential program after a period of closure during the COVID pandemic, directly enhancing the emergency readiness of our residents and thereby significantly contributing to the safety and resilience of our entire city.

The CERT program under Diane’s guidance serves not only to prepare individuals for the initial response to disasters but also fosters a culture of mutual aid and community support that is indispensable in times of crisis. Volunteers such as Charmain Tyler, David Swanson, and Jeff Miller have been instrumental in assisting Diane Richwine with the CERT program, dedicating a significant amount of time and effort, and without whom the successes of the recent CERT Academy would not have been possible.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

14 Whereas, the City of Richmond recognizes the importance of being prepared for emergencies, especially due to our proximity to the Hayward Fault with a significant risk of major earthquakes; and

Whereas, the Community Emergency Response Team (CERT) program is an essential educational outlet for residents to learn valuable disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations; and

Whereas, Diane Richwine has exemplified remarkable leadership by keeping the CERT volunteers connected with the Fire Department, and organizing and conducting the 2023 CERT Academy, that included nine 3-hour classes and one 4-hour emergency drill; and

Whereas, her efforts led to the successful graduation of twenty Richmond residents, an accomplishment made more notable by the fact that there were no dropouts and the student evaluations of the classes were overwhelmingly positive; and

Whereas, this initiative under Diane Richwine’s stewardship represents a successful collaboration between the community and the Fire Department, strengthening the city’s capacity to respond to emergencies; and

Whereas, the evident interest and participation of the community, underscored by the easy recruitment of twenty participants and a current waiting list, highlight the value Richmond residents place on being prepared for and capable of responding to emergencies; and

Whereas, Diane Richwine’s dedication to community preparedness and her tireless work to ensure the safety and preparedness of the Richmond community serve as an inspiration to all; and

Whereas, through her dedication and exceptional leadership, Diane has revitalized this essential program after a period of closure during the COVID pandemic, directly enhancing the emergency readiness of our residents and thereby significantly contributing to the safety and resilience of our entire city; and

Whereas, volunteers such as Charmain Tyler, David Swanson, and Jeff Miller have been instrumental in assisting Diane Richwine with the CERT program, dedicating a significant amount of time and effort, and without whom the successes of the recent CERT Academy would not have been possible .

NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby express its profound gratitude to Diane Richwine on this day, November 28, 2023, for her exceptional service and leadership. We commend her for her outstanding achievements in enhancing the emergency preparedness of the City of Richmond through the CERT program.

Eduardo Martinez, Co-sponsor Soheila Bana, Sponsor
Mayor Councilmember, District 4

Proclamation Recognizing Diane Richwine for Exceptional Leadership and Service in the City of Richmond Emergency Preparedness

Recognizing

15 cc03Oct2023 – sl

RICHMOND, CALIFORNIA, October 3, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:30 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Claudia Jimenez, Doria Robinson, Melvin Willis, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent: Councilmembers Soheila Bana and Cesar Zepeda arrived after the roll was called.

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven Trust v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.

C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.3.a CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: South 45th Street to the west, Wall Avenue to the south, Interstate 80 to the east, and the BART tracks to the north Agency negotiators: Lina Velasco
Negotiating parties: Miraflores Community Devco, LLC
Under negotiations: Price and Terms of Payment

16 cc03Oct2023 – sl

D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Mike Velazquez gave comments in person regarding Item C.1. (RFMA labor negotiations).

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:35 p.m. Closed Session adjourned at 6:27 p.m.

F. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL/SUCCESSOR

AGENCY TO THE RICHMOND COMMUNITY REDEVELOPMENT AGENCY
The Special Meeting of the Richmond City Council/Successor Agency to the Richmond Community Redevelopment Agency was called to order at 6:32 p.m. by Mayor Martinez.

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

H. ROLL CALL

Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY

REDEVELOPMENT AGENCY CONSENT CALENDAR
Motion by Vice Mayor McLaughlin
Seconded by Councilmember Willis
To approve the item on the Consent Calendar.

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

K.1 Declaration of Exempt Surplus Land and 12th Amendment to Disposition and Development Agreement for Metrowalk Phase 2
ADOPT a resolution determining and declaring land owned by the City and land that will be conveyed to the City from the San Francisco Bay Area Rapid Transit District (BART) to be Exempt Surplus Land pursuant to Government Code Section 54221(f)(1)(A); and ADOPT a Resolution authorizing the city manager to execute the 12th Amendment to the Disposition and Development Agreement (DDA) by and among the City of Richmond, the Successor Agency to the Richmond Redevelopment Agency, Pacific West Communities, and BART for the Metrowalk Phase 2 Project – Community Development Department (Lina Velasco 510-620-6841).

Adopted Resolution Nos. 23-1 and 98-23

17 cc03Oct2023 – sl

L. ADJOURNMENT
There being no further business, the meeting adjourned at 6:34 p.m.

M. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:34 p.m. by Mayor Martinez.

N. ROLL CALL

Present: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: None.

O. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated a conflict of interest for Item V .3.a (sole-source contracts with Urban Tilth) and that she would recuse herself from the matter.

P. AGENDA REVIEW
The following items were reordered as listed: W.4 (contract amendment with Wiss, Janney, Elstner Associates, Inc.); V .8.b. (long-term financial analysis of the city's budget); W.1 (opportunities for soccer fields and other amenities); and W.3 (18-month plan to eliminate mandatory overtime within the Fire Department).

The following items were continued to the October 17, 2023, City Council meeting: W.2 (18-month plan to eliminate mandatory overtime within the Police Department); V .4.a (annual review and adoption of fiscal policies); and V .4.b (OMNIA cooperative purchase agreements).

City Attorney Dave Aleshire advised that with regard to questions raised concerning Item V .3.b, his office received clarification from the Registry of Charitable Trusts in the Attorney General's Office. The clarification stated that "as long as the audits for the fiscal years ending December 31, 2020, and December 31, 2021, are in process, the organization may solicit and receive contributions and conduct its day-to-day operations", thus making the agenda item appropriate for the council to consider.

Q. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (labor negotiations) received reports from the negotiators on three of the labor units, a status report was provided, further direction was given to the city's negotiators, and there was no reportable action was taken.

Item C.2 (existing litigation) a status report was given for the Winehaven matter and no reportable action was taken. The Guidiville Rancheria matter was not discussed.

Item C.3 (anticipated litigation) one case was not discussed. Item C.3.a (Miraflores litigation) a report was given on developments. Mr. Aleshire reported that the Mira Flores development entity declared bankruptcy, blocking the foreclosure action that was undertaken.

R. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following October 2023 city events: Fall Family Day to celebrate Indigenous Peoples Day at the Richmond Art Center; Eclipse Viewing Party at the Richmond Main Library; Keller Beach Park Improvements Community Event at the Miller Knox Park; 15th Annual Spirit and Soul Festival in Downtown Richmond; Pajama Storytime at the Richmond Westside Library Branch; and Lawyer in the Library event to provide free legal advice for tenants. 18 cc03Oct2023 – sl

R.1 NEW EMPLOYEE REPORT - 1st Tuesday
Interim Director of Human Resources Sharrone Taylor presented a PowerPoint that highlighted 15 new hires in the following departments/divisions: Planning and Building Services; Literacy for Every Adult Program; Employment and Training; Finance; Police; City Manager's Office; Public Works; Community Services; and the Office of Neighborhood Safety.

S. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Jimenez acknowledged staff and residents of District 6 for attending a recent community traffic forum. Councilmember Jimenez also acknowledged Pacific Gas and Electric and the residents who advocated for the lighting at Wendell Park.

Vice Mayor McLaughlin reported her attendance to the following events on September 30, 2023: Richmond's Tiny House Village Farm and Garden Ground-Honoring at 175 23rd Street; and Carol Teltschick's Memorial Bench Dedication at the Point Molate Beach Park. Vice Mayor McLaughlin acknowledged staff for their work on both events and the community members who participated.

Councilmember Willis acknowledged staff, Councilmember Jimenez, and all the community advocacy for the lighting at Wendell Park.

Councilmember Robinson urged staff to resolve issues with residents obtaining disabled parking in front of their homes and address the intersections in District 3 where drivers were known to do "donuts". Councilmember Robinson reported that she was working to develop short-term solutions for the intersections. Councilmember Robinson advised that she was also working to understand what the Miraflores bankruptcy filing meant for the project and how to move forward. Councilmember Robinson reported that she attended many neighborhood council meetings within her district and was bringing the residents issues forward.

Councilmember Zepeda acknowledged staff for hosting the National Drive Electric Week event held on September 28, 2023. Councilmember Zepeda mentioned that the Richmond Fire Department had an opportunity to view Contra Costa County Fire Protection District's electric vehicle fleet. Councilmember Zepeda announced that the Parchester Village neighborhood received one of the first Míocars, an electric vehicle accessible to rent hourly or daily. Councilmember Zepeda added that the Miocar solar-powered charging station was available for charging other vehicles and could be moved and used for emergency services. Councilmember Zepeda acknowledged the participants for the Santa Fe neighborhood cleanup. Councilmember Zepeda announced that Veolia was upgrading its water treatment facility in Richmond which was estimated to be completed by October 6, 2023.

Councilmember Bana acknowledged staff for the following: installation of the first "Fire Danger" sign in a high fire hazard severity zone; assistance with coordinating the Richmond Fire Station No. 63 Open House event scheduled for October 14, 2023; and the "¡Ya Basta! y Sin Miedo/Enough is Enough! Benefit Concert” held on September 30, 2023. Councilmember Bana gave comments in memory of Richmond resident, Alona Gallon. Councilmember Bana requested ideas to end violence against women.

Mayor Martinez announced that he participated in the Art Corridor, which had an exhibit at the Richmond Bridge Storage and Artspace.

19 cc03Oct2023 – sl

T. ABATEMENT REPORT FROM THE PUBLIC WORKS DIRECTOR - 1st Tuesday (public comment allowed under Open Forum)
Director of Public Works Daniel Chavarria presented a PowerPoint that highlighted the following: neighborhood clean-ups; illegal dumping; encampment abatement; tonnage collected; weed abatement; graffiti removal; abatement staff hours; illegal dumping hot spot locations; and partnerships. Mr. Chavarria advised, in response to a previous council inquiry, that the neighborhood cleanup days had not helped to reduce illegal dumping.

Discussion ensued. The council recommended the following: add locations cleaned up by the Safe Organized Spaces organization to the map of hot spot locations; consider providing tickets to trash haulers for free dumping; provide options for residents who were unable to afford or access dumpster day services; provide a clear notice to encourage community members to utilize dumpster days and enforcement; and urge residents to verify properly permitted trash haulers by calling the City Manager's Office at (510) 620-6512.

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

Carmen Lazo expressed concerns regarding labor standards. Ms. Lazo urged the council to consider more apprenticeship programs, better healthcare, local jobs, and increased living wages.

Rick Perez suggested there was a need for police de-escalation training in other jurisdictions. Mr. Perez expressed he was grateful that the Richmond Police Department included his son's police shooting case in its training. Mr. Perez gave comments against police manipulation and qualified immunity.

Patricia Perez gave comments regarding the Richard "Pedie" Perez police shooting case.

Ms. Perez acknowledged the council for its proclamation honoring the life of her grandson, Pedie.

Dani Lanis gave an overview of the E-Bike Lending Library Project proposed along the Richmond Greenway at Unity Park. Mr. Lanis advised that the program was focused on Richmond's First Mile/Last Mile Transportation Strategic Plan. Mr. Lanis encouraged the council to move forward with the project.

Mark Wassberg gave comments regarding hate crimes, transgenders, and violence against women.

Wesley Alexander encouraged the council to consider hosting a job hiring fair to fill vacant city positions and allocate American Rescue Plan Act funding to cover the cost burden. Mr. Alexender advised that the hiring of additional personnel would allow the city to secure other grants. Mr. Alexender gave comments regarding the importance of economic recovery and relief for small businesses.

Marcus Floriano gave comments in favor of Item V .3.a (Urban Tilth contract). Mr.

Floriano provided an overview of the services and community events provided by Urban Tilth. Mr. Floriano advised the list of projects that would be provided by the contract.

Jamin Pursell announced that October was Lesbian, Gay, Bisexual, and Transgender (LGBT) history month. Mr. Pursell acknowledged Councilmember Zepeda for being the first openly gay Richmond councilmember as well as other "first" LGBT members in history. Mr. Pursell gave comments regarding Item V .8.a (rescind resolution restricting travel to certain states).
20 cc03Oct2023 – sl

The following individuals gave comments via teleconference:

Ben Therriault gave comments regarding illegal dumping and supported the need for robust education prior to enforcement. Mr. Therriault objected to haulers coming from outside the city to dump illegally in Richmond. Mr. Therriault assured the council that the Richmond Police Department was capable of handling neighborhood disturbances such as excessive horn blowing, which was the police's responsibility, and not an issue that could be legally handled by a community response team.

Trey Blinka gave comments regarding the current housing and crime crisis happening in the city and around the country. Mr. Blinka gave comments against illegal immigration.

Naomi Williams announced that the Pullman Neighborhood Block Party was scheduled for October 14, 2023. Ms. Williams agreed that unpermitted trash haulers should be punished, as well as unpermitted street food vendors. Ms. Williams gave comments in support of all people of different races.

Gabe Stutman gave comments regarding various statistics concerning the LGBT community.

Adam Bossiert acknowledged the council for its work in the community. Mr. Bossiert gave comments in support of Item V .3.a (Urban Tilth contract). Mr. Bossiert invited the community to Urban Tilth's Halloween Land event scheduled for October 28, 2023, at the Richmond Greenway.

V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Jimenez
Seconded by Vice Mayor McLaughlin
To approve all items on the Consent Calendar except items V .4.a, V .4.b, and V .8.b.

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

V.1 City Attorney's Office
V.1.a Third Contract Amendment with NHA Advisors, LLC.

APPROVE a third amendment to the contract with NHA Advisors, LLC. in the amount of $100,000 to continue to provide municipal advisor and consulting services on an as-needed basis, as well as litigation and California Public Employees' Retirement System (CalPERS) and Other Post-Employment Benefits (OPEB) matters, for a new total contract amount not to exceed $300,000, keeping the contract term ending October 6, 2024 – City Attorney’s Office/Finance Department (Dave Aleshire/ /Nickie Mastay 510-620-6609).

21 cc03Oct2023 – sl

V.2 City Council
V.2.a Ya Basta y Sin Miedo/Enough is Enough Domestic Awareness Campaign Banners
DIRECT City staff to install five to seven Ya Basta Enough is Enough banners in or around the Civic Center Plaza by October 16, 2023, to bring awareness to ending violence against women and girls - Councilmember Bana (510-620-6743).

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

Councilmember Robinson was recused from this matter due to a conflict of interest.

V.4 Finance Department
V.4.a Annual Review and Adoption of the Resolutions to approve the Financial Policies (Debt, Investment, Pension Funding, and SWAP)
REVIEW the City’s Debt, Pension Funding, Investment, and Swap policies; and ADOPT resolutions to approve the updated policies – Finance Department (Andrea Miller 510-620-6790/ Mubeen Qadar 510- 412-2077).

Continued to the October 17, 2023, City Council meeting.

V.4.b OMNIA Cooperative Purchase Agreements for Citywide Goods and Services for Fiscal Year 2023-24 to 2026-27
ADOPT a resolution approving the use of OMNIA Cooperative Purchasing Agreements with Amazon Business, Ari Phoenix, Epic Business, Grainger, HD Supply, Herc Rentals, Kimball Midwest, Ricoh, and The Home Depot in an amount not to exceed $250,000 per year per vendor for Fiscal Years 2023-24 to 2026-27; and APPROVE an exception to the Sanctuary City Contracting and Investment Ordinance for Amazon Business – Finance Department (Antonio Banuelos 510-620-6741/ Ofelia Alvarez 510-620-6699).

Continued to the October 17, 2023, City Council meeting.

V.5 Fire Department
V.5.a The Gumshoe Group Contract
APPROVE a two-year contract with The Gumshoe Group to provide pre- employment background investigations for a total amount not to exceed $100,000, for a term of October 4, 2023, through July 31, 2025 – Fire 22 cc03Oct2023 – sl

Department (Chief Angel Montoya 510-307-8041/Deputy Chief Aaron Osorio 510-307-8021).

V.6 Human Resources
V.6.a Amend Staffing (Position Control) and the Salary Schedule, and Appropriate Funds as Required
ADOPT resolutions amending the salary schedule to add the Paralegal classification for the City Attorney’s Office and amending staffing (position control) for the Rent Program– Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).

Adopted Resolution Nos. 99-23 and 100-23.

V.7 Library and Community Services
V.7.a Request to Attend the National Recreation and Parks Association Conference in Dallas, Texas
APPROVE travel requests for Ranjana Maharaj, Deputy Director for Community Services-Recreation; Tetteh Kisseh, Recreation Supervisor; Jene Levine-Snipes, Development Project Manager, and Hope Lattell, Finance Manager, to attend the National Recreation and Parks Association conference in Dallas, Texas from October 9 to October 12, 2023 – Community Services Department (LaShonda White 510-620-
6828/Ranjana Maharaj 510-620-6972). This item was continued from the September 19, 2023, meeting.

V.8 Mayor's Office
V.8.a Resolution to Rescind Resolution 92-17 which restricted City-sponsored travel to certain states.

ADOPT a resolution rescinding Resolution 92-17 that prevents City-funded travel to states in reliance on state law. Governor Newsom repealed the travel restrictions established by Government Code section 11139.8 (e) and therefore the Mayor’s Office is recomme nding that Resolution 92 -17 be rescinded – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

Adopted Resolution No. 101-23
V.8.b Long Term Financial Analysis of the City’s Budget Under Proposed Alternative Scenarios.

DIRECT city staff to work with the Mayor’s Office to finalize the draft Request for Proposals (RFP) for a Long-Term Financial Analysis of the City’s Budget under the proposed alternative scenarios - Mayor Eduardo Martinez (510-620-6503) and Councilmember Claudia Jimenez (510-620- 6565).

Mayor Martinez, Councilmembers Jimenez, and Robinson introduced the matter. Councilmember Jimenez clarified that the item was also co-sponsored by Councilmember Robinson. The Mayor's Office Chief of Staff Shiva Mishek and Policy Director B.K. White presented a PowerPoint titled, "The Petroleum Industry, Planning for the City of Richmond's Financial Future" that highlighted the following: desired outcomes; sector analysis; state regulations; refinery closures; fuel retail market; and scenarios. Discussion ensued. The council requested staff to contact Chevron to determine realistic scenarios and objective research.

The council recommended including the high-tech industry in the RFP and 23 cc03Oct2023 – sl

some cross-over with the Just Transition for Contra Costa County. Jamin Pursell gave comments in person. Eli Moore gave comments via teleconference. Further discussion ensued.

Motion by Councilmember Jimenez
Seconded by Vice Mayor McLaughlin
To direct the Mayor’s Office staff to work with the City Attorney's Office to finalize the Request for Proposal (RFP) with a scope of work that includes: (a) to complete a Long-Term Financial Analysis of the city’s budget considering the three scenarios presented regarding the petroleum industry; (b) to propose revenue-generating measures that can be deployed in the near term in order to shore up the city's finances in anticipation of any budget shortfall; and direct staff to move the RFP with the following calendar, beginning of December contract with the consultant and bring the analysis to the City Council in April of 2024.

Staff outlined the following calendar steps: legal review from October 18-25, 2023; release the RFP on October 26, 2023; final day to submit questions on November 15, 2023; responses to questions posted on bids online on November 20, 2023; RFP due on November 27, 2023; interview notification of short list on December 7, 2023; short list interviews on December 11, 2023; final selection on contract negotiations on December 15, 2023; city approval process on January 16, 2024; effective contract date on January 17, 2024; and provide two weeks from October 4-18, 2023, to work with city staff and the Mayor's Office to finalize the RFP before legal review.

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

W. NEW BUSINESS
W.1 Opportunities for Soccer Fields and Other Amenities at Various City Parks RECEIVE an update on the City’s efforts to increase the quality and quantity of soccer fields within the City of Richmond – Public Works Department/Community Services Department (Daniel Chavarria 510-620- 5478/LaShonda White 510-620-6512).

City Manager Shasa Curl introduced the matter. Deputy City Manager Community Services LaShonda White, Director of Public Works Daniel Chavarria, and Robert Stevens and Marcia Vallier of CSW|ST2 presented a PowerPoint that highlighted the following: project purpose and background; findings; Richmond parks by council district; existing soccer fields; recommendations; funding currently in the works and proposed for fiscal years 2023-2024 and 2024-2025; mid-term and long-term play; joint-use agreements; outreach; and next steps. Discussion ensued. The council requested the following: individual meetings to engage with staff and Ms. Vallier to answer questions; multi-use fields that include tracks and dedicated space for other sports; correct the presentation and list John F. Kennedy Park under Council District 3; a joint council/school board meeting to review and update joint use agreements; consider more field lighting and parking at Wendell Park; utilize city vacant properties; list of parks by cost; mechanism to schedule and book parks; research if an older agreement exists with the Oakland A's baseball team for the 24 cc03Oct2023 – sl

North Richmond field; analysis of best uses for surplus, grant, and general funds; and general recommendations around sources of funds. Leisa Johnson gave comments via teleconference.

W.2 18-Month Plan to Eliminate Mandatory Overtime within the Richmond Police Department
RECEIVE a report which outlines the Richmond Police Department’s strategy to eliminate the need for mandatory patrol overtime signups within the next 18 months – Police Department (Chief Bisa French 510-621-1802).

Continued to the October 17, 2023, City Council meeting.

W.3 18-Month Plan to Eliminate Mandatory Overtime within the Richmond Fire Department
RECEIVE a report from the Richmond Fire Department to reduce mandatory overtime within the next 18 months –Fire Department (Chief Angel Montoya 510- 307-8041).

Fire Chief Angel Montoya and Management Analyst Den Mark Marcelo presented a PowerPoint that highlighted the following: mandatory overtime factors and trends; proposed resolutions; and promotional and recruitment efforts. (At 10:57 p.m., a motion made by Councilmember Zepeda, seconded by Councilmember Jimenez, to extend the meeting to complete Item W.3, passed by the unanimous vote of the City Council). Discussion ensued. The council requested the following: number of injury claims filed since the Alternative Dispute Resolution program ended in May of 2023; the length of a lateral training academy; the percentage of Richmond fire personnel that reside within ten miles of the Richmond City Hall; stronger plan for filling vacancies; and the results of the investigation for the last academy. (At 11:30 p.m., a motion made by Councilmember Jimenez, seconded by Vice Mayor McLaughlin, to suspend the rules and extend the meeting to complete Item W.3., passed by the unanimous vote of the City Council). Further discussion ensued. The council also requested the following: the difference between regular and mandatory overtime; trends using prior years data for retirees, vacancies, vacations, and other criteria; training workshop for fire inspector candidates; a revised plan showing more details with a pathway map over eighteen months for how to resolve the mandatory overtime issue; and the causes of overtime within the last three years.

W.4 Contract Amendment with Wiss, Janney, Elstner Associates, Inc. to provide architectural and engineering consulting services during the construction phase to repair of roofs and structures in the Winehaven Historic District DIRECT the City Attorney to negotiate and finalize a contract amendment with Wiss, Janney, Elstner Associates, Inc. (“WJE”) to allow WJE to retain a contractor and to provide architectural and engineering consulting services during the build phase to support the roof repair, rehabilitation, and temporary preservation of certain cottages located in the Winehaven Historic District; and PROVIDE DIRECTION regarding two proposed scopes (1) $250,000 to tarp buildings that require immediate protection from rain for a total contract amount of $497,000; or (2) $438,000 to repair certain cottages and tarping other cottages so they may be preserved for work expected to commence October/November 2023. For scope 2, the architect estimates the need for an additional $75,000 for the original contract for the architectural and supervisory services for a total contract amount of $760,000 – Public Works Department (Dave Aleshire 510-620-6509/Daniel Chavarria 510-620-5478).
25 cc03Oct2023 – sl

City Attorney Dave Aleshire presented a PowerPoint that highlighted the following: background; WJE proposal; cottage repair analysis; Scope 1 (localized tarping), Scope 2 (localized repairs and limited tarping), and assessments; and recommendations. Discussion ensued.

Motion by Vice Mayor McLaughlin
Seconded by Councilmember Willis
To direct staff to negotiate and finalize said contract amendment as recommended and utilize Scope 2.

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

X. ADJOURNMENT
There being no further business, the meeting adjourned at 11:57 p.m., to meet again on October 17, 2023, at 6:30 p.m.

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

26

November 28, 2023

City Council

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

Councilmember Bana

Subject:

Annual Payment of the Shuumi Land Tax
FINANCIAL IMPACT: The financial impact has not been determined at this stage. The item directs staff to return to the City Council with a recommended annual allocation.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The City Council of Richmond, California, should allocate funds for the annual payment of the Shuumi Land Tax, as a symbolic acknowledgment of the Ohlone people and in
support of their ongoing cultural and community
endeavors.

RECOMMENDED ACTION: ADOPT a resolution to make an annual contribution to Shuumi Land Tax to support the work of
the Sogorea Te' Land Trust; and DIRECT the city
manager and director of Finance to include this annual
contribution in the City's budget for the upcoming fiscal year and to continue this commitment as a line item in all future budgets – Councilmember Soheila Bana (510-620-
6743).

DISCUSSION:

AGENDA
REPORT
27

November 28, 2023
The City of Richmond acknowledges the native people of the City of Richmond, the Ohlone people. Given the atrocities that the Ohlone faced for centuries, unrecognition from the federal government, and the forceful and deadly removal of their ancestors from their land, it is recommended that the City of Richmond make an annual payment to the Shuumi Land Tax. The Sogorea Te’ Land Trust is an urban Indigenous women- led land trust in the San Francisco Bay area. Their trust helps bring indigenous land back to Indigenous people.

BACKGROUND:

The Sogorea Te’ organization envisions a Bay Area in which Ohlone language and ceremony are an active, thriving part of the cultural landscape, where Ohlone names and history is known and recognized, and where intertribal Indigenous communities have affordable housing, social services, cultural centers, and land to live, work, and pray on.

This item directs the City Manager and Director of Finance to return to the City Council with a recommended amount for the proposed annual contribution.

For thousands of years, the Lisjan (Ohlone) people have lived in what is now known as the East Bay in the San Francisco Bay Area. The Ohlone people didn’t believe in owning land, but believed they belonged to it. They had reciprocal relationships with plants and animals. Their territory includes five Bay area counties, with Contra Costa being one amongst them. This region was colonized by the Spanish soldiers and missionaries who sought to convert all Indigenous people to the Catholic subject of Spain and steal their land. The Ohlone was forced into slave labor and built the missions (plantations), they had to endure brutal physical violence and the missionaries used extractive land practices.

The Ohlone people survived over two centuries of genocide and colonization during the Spanish, Mexican and American eras. They continue to inhabit their ancestral homeland, fight for their sacred sites, and revitalize their cultural practices.

After the Mexican Rancho period, the Ohlone faced extermination policies from the United States that aimed to eliminate California Indians entirely. During this time, the Ohlone people dealt with racial discrimination and were more susceptible to be killed.

The Ohlone survived by concealing their identities and isolating themselves. The Ohlone couldn’t openly practice their spiritual traditions; unfortunately, their traditions began to be lost with each generation. While Mexico won its independence from Spain and gave out land to soldiers in the army, the Ohlone became slaves at different ranchos. After America won the war against Mexico, the Ohlone was even more likely to be killed. The State of California gave soldiers, ranchers, and miners a financial incentive to kill native people: $5 for a head and $0.25 for an ear.

The Ohlone people had to hide, and many of them relocated to a small area known as “Indian Town” in Pleasanton, Ca, where native people of the Mission San Jose 28

November 28, 2023
relocated to. The Ohlone people went to work on ranches and newly created townships.

Despite the converted efforts to erase the Ohlone’s people history and identity, the Ohlone community consists of diverse nations and families. The Ohlone people continue to practice their cultural and spiritual traditions and are vital to protecting and caring for their ancestral homeland.

The Ohlone are not recognized by the government as a Native American tribe, so they do not receive any benefits regarding federal scholarships, housing grants, or other protections afforded to Indian tribes in the US. Most importantly, their cultural, burial, and sacred sites are not protected by the government. The City of Richmond would like to allocate funds to the Sogorea Te’ Land Trust to bring visibility to native.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution to Pay Annual Shuumi Land Taxes 29 RESOLUTION NO.

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA IN TO PAY ANNUAL SHUUMI LAND TAXES

WHEREAS, the City of Richmond recognizes the importance of acknowledging the history and culture of the indigenous Ohlone people, the original stewards of the land on which our city is built; and

WHEREAS, the Shuumi Land Tax is a voluntary financial contribution that individuals and organizations can make to support the work of the Sogorea Te' Land Trust, an urban Indigenous women-led land trust that facilitates the return of Chochenyo and Karkin Ohlone lands in the San Francisco Bay Area to Indigenous stewardship; and

WHEREAS, the payment of the Shuumi Land Tax represents a step towards rectifying the historical injustices faced by the Ohlone people by funding the acquisition and preservation of sacred land, cultural revitalization, and community-building; and

WHEREAS, such contributions are essential for supporting the sustainability of the Indigenous-led land trust, which, in turn, benefits the cultural heritage, environmental stewardship, and community education within the City of Richmond; and

WHEREAS, by participating in this act of restoration and reparations, the City of Richmond can demonstrate leadership in supporting indigenous sovereignty and resilience;

NOW, THEREFORE, BE IT RESOLVED that the City Council of Richmond, California, respectfully requests the City Manager to allocate funds for the annual payment of the Shuumi Land Tax, as a symbolic acknowledgment of the Ohlone people and in support of their ongoing cultural and community endeavors.

BE IT FURTHER RESOLVED that the City Council directs the City Manager to include this annual contribution in the city's budget for the upcoming fiscal year and to continue this commitment as a line item in all future budgets.

BE IT FURTHER RESOLVED that the City of Richmond calls upon other cities, businesses, and institutions in the area to join in making their commitment to the Shuumi Land Tax, strengthening the regional effort towards indigenous land stewardship and cultural revitalization.

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

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 INSERT DATE, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

30 CLERK OF THE CITY OF RICHMOND

Approved:

Mayor

Approved as to form:

City Attorney

31

November 28, 2023

City Council

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

Councilmember Zepeda and Mayor Martinez

Subject:

Diwali Festival of Lights
FINANCIAL IMPACT: There is no financial impact related to this item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Diwali Festival of Lights is one of the most important holidays in India. It has been recognized for over 2,000 years.

RECOMMENDED ACTION:

PROCLAMATION recognizing the Diwali Festival of
Lights holiday, on November 12th, and its significance to the City of Richmond’s Hindu populations –
Councilmember Cesar Zepeda (510-620-6593) and
Mayor Eduardo Martinez (510-620-6503).

DISCUSSION:

The City of Richmond recognizes the sacred holiday, the Diwali Festival of Lights holiday, on November 12th (retrospectively), and its significance to our Hindu population.

Diwali is a festival of lights and is celebrated in the Hindu religion. Diwali is a time where people visit each other, exchange gifts, feast, feed the poor, and set off fireworks. This AGENDA
REPORT
32

November 28, 2023
holiday last for 5 days and symbolizes the spiritual victory of light over darkness and good over evil.

Diwali is celebrated differently based on traditions and regions. Hindus light up lamps filled with oil, known as diyas, on the night of the new moon to invite the presence of Lakshmi, the goddess of wealth. In Bengal, the goddess Kali is worshiped. In northern India, the festival celebrates the royal homecoming of Rama to the city of Ayodhya. In southern India, the festival marks Krishna’s defeat of the demon Narakasura.

On the first day of Diwali, Dhanteras, people clean their homes, purchase small items of gold, and worship Lakshmi. On the second day of Diwali, Naraka Chaturdashi, Krishna’s destruction of Narakasura is celebrated, and people offer prayers for the souls of their ancestors. On the third day of Diwali, Lakshmi Puja, people seek blessings from Lakshmi to ensure their prosperity, light diyas, candles, fireworks, and visit temples. On the fourth day of Diwali, Goverdhan Puja, Krishna’s defeat of Indra is celebrated, the king of gods, and this day is the first day of Karttika and the start of the new year in Vikrama, the Hindu calendar, and merchants perform religious ceremonies. On the fifth day of Diwali, Bhai Dooj, the bond between brothers and sisters are celebrated, and sisters pray for the success and well-being of their brothers.

It is customary to release the issues of the past year and start anew. The Richmond City Council urges Richmond residents to learn more about Diwali and to join the various activities honoring the Diwali Festival of Lights.

DOCUMENTS ATTACHED:

Attachment 1– Proclamation recognizing Diwali Festival of Lights 33 Whereas, Diwali is a festival of lights and is celebrated in the Hindu religion; Diwali is a time where people visit each other, exchange girts, feast, feed the poor, and set off fireworks; this holiday last for 5 days and symbolizes the spiritual victory of light over darkness and good over evil; and

Whereas, Diwali is celebrated differently based on traditions and regions, Hindus light up lamps filled with oil, known as diyas, on the night of the new moon to invite the presence of Lakshmi, the goddess of wealth, in Bengal the goddess Kali is worshiped, in northern India, the festival celebrates the royal homecoming of King Rama to the city of Ayodhya, in southern India, the festival marks Krishna’s defeat of the demon Narakasura, in western India, the festival celebrates the day Lord Vishnu sent the demon King Bali to rule the nether world, some people celebrate the marriage of Lakshmi and Vinshu, and other celebrate the birth of Lakshmi; and

Whereas, during Diwali diyas are lit and placed in temples, houses, and set adrift on rivers and streams, homes are decorated, and floors are filled with designs made up of colored rice or flower petals, and the doors and windows of houses are kept open in hope that Lakshmi will come and bless people with wealth and success; and

Whereas, on the first day of Diwali, Dhanteras, people clean their homes, purchase small items of gold, and worship Lakshmi; and

Whereas, on the second day of Diwali, Naraka Chaturdashi, Krishna’s destruction of Narakasura is celebrated, and people offer prayers for the souls of their ancestors; and

Whereas, on the third day of Diwali, Lakshmi Puja, people seek blessings from Lakshmi to ensure their prosperity, light diyas, candles, fireworks, and visit temples; and

Whereas, on the fourth day of Diwali, Goverdhan Puja, Krishna’s defeat of Indra is celebrated , the king of gods, and this day is the first day of Karttika and the start of the new year in Vikrama, the Hindu calendar, and merchants perform religious ceremonies; and

Whereas, on the fifth day of Diwali, Bhai Dooj, the bond between brothers and sister is celebrated, and sisters pray for the success and well-being of their brothers; and

NOW, THEREFORE BE IT RESOLVED, that the City of Richmond at its regular meeting of November 28, 2023, recognizes the Diwali Festival of Lights holiday, on November 12th (retrospectively), and its significance to our Hindu population.

Eduardo Martinez, Co-sponsor Cesar Zepeda, Sponsor,
Mayor Councilmember District 2

Recognizing Diwali Festival of Lights
November 12, 2023

34

November 28, 2023

City Council

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

Melvin Willis, Councilmember
Cesar Zepeda, Councilmember
Subject:

Letter requesting that Heritage Park at Hilltop not move forward with its current December 1, 2023, rent increase and to reevaluate rent increases in the future.

FINANCIAL IMPACT: There is no financial impact with this item

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

On December 1, 2023, residents of Heritage Park will
receive a 5% rent increase. The City Council is
requesting that the City send a letter to Heritage Park and USA Multifamily Property Fund Inc. expressing
concern about the 5% increase and future rent increases.

In addition, this item is requesting that City staff
coordinate with Rent Program staff to develop strategies to assist with housing for seniors.

RECOMMENDED ACTION:

APPROVE a letter to Heritage Park at Hilltop Apartments requesting that it not move forward with its current rent increase and to reevaluate future rent increases and
DIRECT staff to work with the Rent Program staff to
develop strategies to assist with housing for seniors - Councilmembers Melvin Willis (510) 412-2050) and
Cesar Zepeda (510) 620-6593.

AGENDA
REPORT
35

November 28, 2023
DISCUSSION:

Residents of Heritage Park at Hilltop have testified during public comment at Richmond City Council meetings about a 5% rent increase that will take effect on December 1, 2023. Residents are also concerned about future rent increases after communicating with Heritage Park Management about this year's rent increase.

Concerns raised at our City Council meeting include:

 Seniors at Heritage Park are a vulnerable population on fixed incomes who are impacted by inflation.

 The cost of housing, food, transportation, medicine, utilities, and other necessities impact their monthly income. The 5% rent increase will force them to sacrifice other needs to keep up with their housing cost.

 Future rent increases will price residents out of their current housing, and they will eventually become homeless as a result.

Contra Costa County 2023 Point in Time Count reported a 29% increase in homelessness in West Contra Costa County between 2020 to 2023. Most of the population was identified in the City of Richmond. Richmond has spent millions on homeless support services and relocation costs to address the increase in the population, and we still have more work to do.

In 2022, Richmond voters passed Measure P with 58% of the vote. The measure caps rent increases at 3% on rent control units. The measure was placed on the 2022 ballot due to concerns about the higher cost of living and to prevent residents from being priced out of their units.

Based on the concerns raised by residents, and the City's goal to prevent homelessness and to build sustainable communities, the City of Richmond is requesting Heritage Park to not move forward with its current rent increase and future increases.

With the City Council’s approval, the letter (Attachment 1) will be sent before December 1 to Heritage Park and USA Multifamily Property Fund.

In addition, Council is requesting that City staff work with the Rent Program staff to develop strategies to assist with housing for seniors at Heritage Park and other senior housing throughout Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Letter to Heritage Park
Attachment 2 – Measure P – Rent Control
Attachment 3 – Measure P Results
36 City of Richmond – 450 Civic Center Plaza, Suite 300, Richmond, CA 94804

November 28, 2023

Heritage Park at Hilltop
3811 Lakeside Drive
Richmond, California 94806

USA Multifamily/ Property Fund Inc.
200 Douglas Boulevard, Suite 200
Roseville, California 95661

Dear Heritage Park and USA Multifamily/ Property Fund Inc.,

The City of Richmond is writing in light of concerns communicated to the City Council by the residents of Heritage Park. Residents have testified during our public comment about a 5% rent increase that will take effect on December 1, 2023. Residents have attended Richmond City Council meetings recently to communicate to the council about how the senior population at Heritage Park will be impacted by the 5% rent increase this year. Residents are concerned about future rent increases after communicating with Heritage Park Management about this year's rent increase.

Concerns raised at our City Council meeting are as follows:

 Seniors at Heritage Park are a vulnerable population on fixed incomes who are impacted by inflation.

 The cost of housing, food, transportation, medicine, utilities, and other necessities impacted their monthly income. The 5% rent increase will force them to sacrifice other needs to keep up with their housing cost.

 Future rent increases will price residents out of their housing, and they will eventually become homeless as a result.

Contra Costa County 2023 Point in Time Count reported a 29% increase in homelessness in West Contra Costa County between 2020-2023. Most of the population was identified in the City of Richmond. Richmond has committed millions of dollars in homeless support services and relocation to address the increase in the population and we still have more work to do. In 2022 Richmond voters passed Measure P with 58% of the vote. The measure caps rent increases at 3% on rent 37 Heritage Park

control units. The measure was placed on the 2022 ballot due to concerns about the higher cost of living and to prevent residents from being priced out of their units.

Based on the concerns raised by residents, and the City's goal to prevent homelessness and to build sustainable communities, the City of Richmond is requesting Heritage Park not move forward with its current 5% rent increase and to reevaluate future rent increases. We want the senior population at Heritage Park to be assured that their concerns are being taken seriously and that steps will be taken to not price out seniors who currently reside at Heritage Park.

Thank you for your time and consideration. The City looks forward to a thoughtful, solutions-based conversation to address these critical issues.

Sincerely,

Eduardo Martinez, Mayor
City of Richmond
38 MEASURE P

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

ORDINANCE NO. ______________________ N.S.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF RICHMOND APPROVED AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, AMENDING THE

FAIR RENT, JUST CAUSE FOR EVICTION AND HOMEOWNER PROTECTION ORDINANCE TO LIMIT RENT INCREASES FOR REGULATED UNITS TO 3% OR 60%

OF THE CONSUMER PRICE INDEX, WHICHEVER IS LESS

The People of the City of Richmond do ordain as follows:

SECTION 1. Title and Purpose.

TITLE. This Ordinance may be cited as the RICHMOND ANNUAL ALLOWABLE RENTAL ADJUSTMENT ORDINANCE.

PURPOSE. In Richmond, certain residential rental units’ rental rates are controlled by Richmond’s Fair Rent, Just Cause For Eviction And Homeowner Protection Ordinance. As written, Landlords are entitled to an annual rent increase equivalent to “one hundred (100%) percent of the percentage increase in the Consumer Price Index (All Urban Consumers, San Francisco-Oakland-San Jose region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S.

Department of Labor, Bureau of Labor Statistics, for the 12-month period ending as of March of the current year.” The Annual General Adjustment for 2022 is five point two (5.2%) percent.

Due to historic levels of inflation, rent-controlled tenants in Richmond are set to receive an unprecedented rent increase. The historically high level of inflation has highlighted the need to ensure Richmond tenants are not forced to grapple with both rising prices of goods and services and rent increases that are inconsistent with the City’s goal of protecting residents from excessive rent increases. As Such, this Ordinance would cap rent increases for controlled units at three percent (3%) or sixty percent (60%) of the local consumer price index, whichever is lower.

SECTION 2. Findings.

This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”), since in accordance with CEQA Guidelines Section 15061, subd. (b)(3), it can be seen with certainty that there is no possibility that the activity authorized herein may have significant effect on the environment. Additionally, CEQA review does not apply when a measure is placed on the ballot and approved by the voters.

SECTION 3. Conflicting Measures.

This measure is intended to be comprehensive. It is the intent of the people of City of Richmond that in the event this measure and one or more measures relating to the Fair Rent, Just Cause For 39 Eviction And Homeowner Protection Ordinance appear on the same ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void. If this measure is approved by a majority of the voters but does not receive a greater number of affirmative votes than any other measure appearing on the same ballot regarding the Fair Rent, Just Cause for Eviction and Homeowner Protection Act, this measure shall take effect to the extent not in conflict with said other measure or measures.

SECTION 4. Liberal Construction.

This measure shall be liberally construed to effectuate its purpose.

SECTION 5. Effective Date.

This ordinance shall be effective only if approved by a majority of the voters at the November 8, 2022, Statewide General Election and shall go into effect ten (10) days after the vote is declared by the City Council. The limitation on rent escalation stated in this Amendment shall be effective immediately upon the effective date. Over the phase-in period which extends through August 31, 2023, no tenant's rent on a controlled unit shall be higher than what it was on August 31, 2022, plus a 3% increase. After the partial year of phase-in, the regular provisions of this Amendment shall apply.

SECTION 6. Savings Clause.

If any provision, sentence, clause, section, or part of this ordinance is found to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, such unconstitutionality, illegality, or invalidity shall affect only such provision, sentence, clause, section, or part of this ordinance and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this ordinance. It is declared that this ordinance would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section, or part not been included.

SECTION 7. Fair Rent, Just Cause For Eviction And Homeowner Protection Ordinance Amendments.

Chapter 11.100.070 subdivision (b) of the Richmond Municipal Code is hereby amended as follows. Added text is shown as double underlined type; deleted text is shown as strikethrough type.

(b)Annual General Adjustment. No later than June 30 each year, the Board shall announce the percentage by which rent for eligible Rental Units will be generally adjusted effective September 1 of that year.

(1)The Annual General Adjustment shall be equal to one hundred sixty (1060%) percent of the percentage increase in the Consumer Price Index (All Urban Consumers, San 40 Francisco-Oakland-San Jose region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the 12-month period ending as of March of the current year, or three (3%) percent, whichever is lower. (2)Subparagraph 1 of this Subsection notwithstanding, in no event shall the Annual General Adjustment be less than zero percent (0%).
(3)For the period between the effective date of this Charter and the first Annual General Adjustment announced September 1, the landlord may increase the Maximum Allowable Rent to include one Annual General Adjustment for September 2016. Notwithstanding any previously issued rent increase, the Annual General Adjustment for 2022 is three (3%) percent. In the event a landlord issued a rent increase on or after September 1, 2022 in excess of 3%, that tenant’s rent shall be adjusted to their Maximum allowable rent on August 31, 2022, plus three (3%) percent.
41 42

November 28, 2023

Community Development

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

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

Subject:

Motel Leases for Interim Housing for Encampment
Resolution Funding
FINANCIAL IMPACT: The City was awarded an $8,602,587 Encampment Resolution Funding Round 2 award to provide services to connect at least 115 unhoused city residents with
urgently needed services and pathways to housing.

PREVIOUS COUNCIL
ACTION:

September 12, 2023

STATEMENT OF THE
ISSUE:

On September 19, 2023, the City Council accepted and
appropriated an $8.6M Encampment Resolution Funding
to connect 115 individual people to housing pathways.

The County-run shelters are at capacity and the City
needs to identify short-term housing to begin to transition unhoused residents living in encampments. Leasing
motel rooms will better enable the City to provide people with a comfortable, safe alternative to encampments,
while caseworkers are working to transition them into
permanent housing.

RECOMMENDED ACTION:

AUTHORIZE City staff to identify motel properties
suitable for use for interim housing pending
implementation of plans to address homeless
encampments; and AUTHORIZE the city manager to
negotiate and execute leases of motel properties for such purposes subject to City Council approval of terms –
Community Development Department (Lina Velasco 510-
620-6841).

AGENDA
REPORT
43

November 28, 2023
DISCUSSION:

In February 2023, the Community Development Department submitted an Encampment Resolution Funding (ERF) Round 2 application seeking resources from the State of California to fund a second local demonstration project to connect at least 115 unhoused city residents, living in encampments, along Interstates 80 and 580 and the Richmond Greenway, with urgently needed services and pathways to housing.

Richmond is one of six cities that received a second ERF award (ERF-R-2). The use of the City’s first ERF award was focused at resolving the Castro Vehicle Encampment and restoring the site to its original Bay Trail use. City staff is seeking City Council authorization to accept and appropriate the $8,602,587 ERF-R-2 award (Attachment 2).

Summary of Richmond’s ERF Round 2 Project

Richmond’s plan is designed to help an especially vulnerable and transient population— people living in tents, lean-tos, and on the ground along the city’s major transit corridors, including Interstates 80 and 580. Staff from Richmond’s Housing Division worked with Caltrans to identify eight critical locations beneath overpasses and in the land patches formed by curving freeway entrances and exits where people return again and again.

The City will focus its efforts to support people now living in these dangerous locations to stabilize their lives and move into safe housing. The target encampments are along Central Avenue, Marina Bay Pkwy., Cutting Blvd., Macdonald Ave., San Pablo Dam Rd., and Castro Street, where people living in vehicles are already receiving support services through a previous grant.

The project is designed to achieve real change for individuals experiencing homelessness in Richmond, not to just “clear sites.” It was selected for funding by the California Interagency Council on Homelessness (Cal ICH) because of its commitment to provide people in encampments with holistic, compassionate case management to address long-term health and housing needs. A nine-person Rapid Rehousing Team with expertise in street outreach, clinical care, housing navigation, social services, and employment will go to the sites, meet the people living in them, learn about their needs, and work to connect the residents to life-changing resources. Encampment residents will develop plans to move from the streets onto durable paths to stability, with support over three years.

The County-run shelters are at capacity and the City needs to identify short-term housing to begin to transition unhoused residents living in encampments. Leasing motel rooms will better enable the City to provide people with a comfortable, safe alternative to encampments, while caseworkers are working to secure them with permanent housing. Homeless individuals living in encampments would be offered interim housing in motel rooms that the City leases. Once in a motel room, caseworkers would be able to offer wraparound services while they work closely with the client to find them permanent housing.

44

November 28, 2023
Alignment with Homelessness Strategic Plan

The proposed project will assist in implementing certain short-term action steps identified in the City’s recently adopted Homelessness Strategic Plan. Specifically, the following short-term action steps will be implemented through this project:

3.3 Expand interim housing options for transition-age youth, older adults, and other Increase crisis housing vulnerable populations. These interim housing options may expand on the expected design of how bridge housing can be most effectively provided for targeted populations, including young people.

CONCLUSION:

The motel leases are needed to help address the myriad needs of people living in various encampments, along Interstates 80 and 580 and throughout the City. Motels offer a quick option for the City to quickly increase the number of interim housing units that can be offered to people as a comfortable, safe alternative to encampments, while they are being connected to permanent housing.

DOCUMENTS ATTACHED:

None.
45

November 28, 2023

Community Development

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

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

Subject:

Contract Amendment No. 2 with RCF Connects for
Housing First and Emergency Housing Assistance
Programs

FINANCIAL IMPACT: The City Council accepted and appropriated an Encampment Resolution Round 2 award totaling
approximately ~$8.6 million. The grant funds include
resources for rent assistance and support services, such as case management and housing navigation services.

The contract amendment amount will be paid for using
the project-specific account string: 15061219-400201-
16G25.

PREVIOUS COUNCIL
ACTION:

December 20, 2022, July 11, 2023, September 12, 2023

STATEMENT OF THE
ISSUE:

In December 2022, the City Council approved a
$525,000 contract with the Richmond Community
Foundation to administer the City’s Housing First and
Emergency Housing Assistance Programs. In July 2023,
the Council approved an amendment no. 1 to add
$625,084.80 in additional Housing First program funds.

All funds have since been expended or committed.

There are additional unhoused clients on a waitlist;
therefore, City staff is seeking City Council authorization to execute a contract amendment No. 2 to add
$1,111,633.15 in additional Housing First funds for these AGENDA
REPORT
46

November 28, 2023
programs to support unhoused residents in securing
housing and obtaining support services.

RECOMMENDED ACTION:

APPROVE a contract amendment No. 2 with RCF
Connects to add $1,111,633.15 in additional funding for the Richmond Housing First and Emergency Housing
Assistance Programs, for total contract amount not to
exceed $2,261,717.95, for a term extending through June 30, 2025 – Community Development (Lina Velasco/Jesus
Morales 510-620-6706).

DISCUSSION:

In December 2022, the City Council approved a $525,000 contract with the Richmond Community Foundation to administer the City’s Housing First and Emergency Housing Assistance Programs. In July 2023, the Council approved an amendment no. 1 to add an additional $625,084.80 Housing First program funds. All funds have since been expended or committed. There are additional unhoused residents on a waitlist; therefore, City staff is seeking City Council authorization to execute contract amendment No. 2 to add $1,111,633.15 from the ERF-2R grant in additional Housing First funds for these programs to support ERF-2R eligible unhoused clients in securing housing and obtaining support services.

It is important to note the current state of the emergency shelter system within Contra Costa County. As of November 2023, the county's emergency shelter system has been severely impacted, resulting in nearly all the available beds being filled. This situation has placed an extreme burden on our unhoused population and our public systems.

Considering this, it is crucial for our city to adhere to the legal precedent set by Martin vs. Boise and Johnson vs. City of Grants Pass, which mandates that cities provide emergency shelter before enforcing any camping ordinances.

The Housing First program has proven to be a valuable resource in addressing these challenges. By providing housing assistance, emergency motel vouchers, employment support, and wrap-around services, the program aims to stabilize individuals' housing situations and alleviate some of the pressures on our emergency housing systems. This amendment will provide funds to address the ongoing needs of the unhoused population in Richmond.

The City Council accepted and appropriated an Encampment Resolution Round 2 award totaling approximately ~$8.6 million. The grant funds include resources for rent assistance and support services, such as case management and housing navigation services.
47

November 28, 2023

The Housing First program was able to assist 29 households with care management services and rent assistance that will last up to 12-18 months based on individual needs. City staff is seeking to utilize ERF-R2 funds to allow the program to continue and to support up to 30 additional eligible unhoused clients with rental assistance and care management services.

The ERF-R2 funds will fund a 1.0 FTE Program Manager/Housing Navigator, and a 1.0 FTE Case Manager for one year, provide up to $666,000 in direct rental assistance, and will also include up to $150,000 in Flex Funds to help unhoused clients address other housing living needs; food, furniture, and other items needed to help set up each home.

In addition, the Flex Funds can assist with transportation, documentation needs, employment support, medical, behavioral, and mental health services.

Staff recommends approving contract amendment No 2 with Richmond Community Foundation to continue the Housing First Program to assist up to 30 clients with housing assistance and case management services for a total not to exceed contract amount of $2,261,717.95, for a term through June 30, 2025, to be funded using the City’s Encampment Resolution Funds R2 grant.

DOCUMENTS ATTACHED:

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

48 CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Term.

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

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

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

5. City's Obligations.

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

Community Development Lina Velasco
[email protected] (510) 620-6841
9235
RCF Connects (formerly known as Richmond Community Foundation) will administer the Housing First Program and Short Term Emergency Housing Assistance Program.

RCF Connects
3260 Blume Drive, Suite 110
Richmond, CA 94806
James "Jim" Becker, President & CEO
(510) 234-1200 [email protected]
4005-3126 December 31, 2022
December 21, 2022
June 30, 2024
525,000.00
✔











 




49 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
RCF Connects









 





















50 For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

City of Richmond
See attached scope of work
RCF Connects









 




51 EXHIBIT A

SERVICE PLAN

In a satisfactory manner as will be determined by the City‘s Project Manager, Contractor shall execute:

1. Service Specification

Richmond Community Foundation (dba as RCF Connects) shall administer the development and implementation of both the Housing First Program and the Short-Term Emergency Housing Assistance Program for the City of Richmond. In partnership with local community-based organizations (e.g., Catholic Charities of the East Bay, Richmond Rotary, Safe Organized Spaces (SoS), Collaborasing, Richmond Neighborhood Housing Services, SparkPoint Contra Costa, R3F, etc.), RCF Connects will develop and implement both programs which will provide unhoused individuals and families with temporary and/or permanent housing options to support health and safety, as well as extensive wrap- around services for those in need.

Final decisions regarding program development and implementation, program partners, outreach, performance metrics and goals, budget, and any other program components, will be developed in close collaboration with the City of Richmond.

The following programs include the following major service offerings:

Housing First Program shall help people obtain housing quickly, increase self-sufficiency, and remain housed. The Housing First model is an approach that prioritizes providing safe, stable, long-term housing to unhoused community members and building a community of support around them from which they can pursue personal goals and improve their quality of life. The Core Components of Housing First model shall include:

ƒ Identification of Resident Needs
o Leveraging the years of trust building with community members who are unhoused staff and trusted partners will also seek to understand the needs of each person.

ƒ Creation of a Housing Transition Plan (from unhoused to housed) o Staff will engage community members in a new peer-based planning, problem-solving, and navigation process to move from encampments, address their safety and survival needs, and support their overall health and wellbeing as they transition into housing. The navigation process will:
ƒ Assist unhoused individuals in accessing services and ƒ Help them plan for the housing resources provided through the Housing First model. ƒ Develop a housing transition plan, evaluated regularly, that will include strategies for addressing the needs identified

ƒ Housing Identification
o RCF Connects will build on its list of landlords from the Housing First pilot program willing to participate in the program and to regularly update the list of available housing units. In the Housing First Pilot, partners will develop agreements with and ever-growing list of landlord participants in Richmond and across the East Bay Area.










 




52 EXHIBIT A

SERVICE PLAN

ƒ Rent and Move-in Assistance
o Staff will assist with move in support as well as with securing donations of furniture, cooking supplies, and other items needed to help set up each home. RCF will assist with the leasing process and provide payment for up to one year of rent, in advance, for the housing unit.

ƒ Care Management
o Care Managers will support each person’s transition into housing and help sustain this housing arrangement by serving as a liaison with the person, the landlord, the neighbors, and service providers to develop the network and relationships the person will need to truly thrive.

ƒ Access to Services
o Care Managers will work with identified community partners to provide “warm referrals” to services that can meet a resident’s needs (e.g., health, income, etc.)

ƒ Housing Stability
o Staff and partners will support each person or family in maintaining their housing because their needs have been met (medical, behavioral, mental health), they have income to support their housing (at least 75% of self-sufficient income), and they have built a strong, positive relationship with the landlord and their neighborhoods.

Short-Term Housing Assistance Program will provide rental subsidies or hotel/motel vouchers on an emergency and short-term basis to provide support to move individuals and families experiencing homelessness as rapidly as possible into permanent housing. After intake is performed by a qualified partner, those persons who require additional support will be served through the Housing First program.

The Core Components of the model Short-Term Housing Assistance Program include:

ƒ Immediate Financial Assistance
o Reduce eviction and displacement as well as enable rapid housing placements for residents facing safety, domestic violence or other issues that require immediate housing placement.

ƒ Financial Management and Coaching
o Provide additional financial and asset-building services to help residents build their own financial safety nets and stabilize their housing

The funding available for direct assistance will include approximately $70,000 from the City of Richmond and $100,000 in additional private and public funds raised by RCF and its partners, bringing the total to $170,000. $30,000 of the City funds are designated for community partners that will provide intake and supportive services.

Program eligibility, to be finalized with City of Richmond staff, may include:
x Richmond community member at imminent risk of losing their permanent housing or having just lost their permanent housing
x Housing-related financial assistance (e.g., hotel/motel, rent, future rent, x utilities)
x Household monthly income must typically support future monthly expenses 








 




53 EXHIBIT A

SERVICE PLAN

x Person experiencing a decrease in income due to a reduction in work hours, layoffs, or termination
x Person experiencing an increase in out-of-pocket medical expenses x Person fleeing domestic violence

RCF and its partners shall provide services in English and Spanish. Should a person require another language in order to receive services, the Care Managers will contact Keylingo Translation services based in Concord, California, or other translation services.

2. Timeline

The proposed timeline for this pilot project is 12 months but the timeline may extend or shorten based on various factors including but not limited to community needed, available budget, etc. The proposed timeline is subject to change and can be amended based on mutual agreement between the City and contractor.

Task/Activities Month
1st Term (January 1 – June 30)
Subcontracts are executed with both Housing First and Short- Subcontracts are complete
January 2023
Care Managers job descriptions are complete and posted for hiring. January 2023 Outreach is launched for short-term emergency housing
assistance. Payments are made directly to landlords, hotels etc.

January 2023
Care Managers hired. February 2023
Landlord lists are updated and outreach to new landlords begins.

March 2023
Outreach to hotels/motels begins and agreements are
secured for emergency placements.

April 2023
Unhoused residents and those already in the Housing First program begin process of needs assessment and the

development of a housing transition plan.

April 2023
Housing placements are underway for new residents. April 2023 Care Managers are engaging with residents, landlords and neighbors on a weekly basis.

April 2023
Initial evaluation of metrics occurs. April 2023
Financial review of Short-term assistance occurs. Plan to raise additional funds is implemented.

April 2023
2nd Term (July 1 – December 31)
Quarterly evaluation of metrics occurs. July – October 2023 Financial review of Short-term assistance occurs. July – October 2023 One year review of program takes place December 2023









 




54 3. Project Outcome and Evaluation

The City, in collaboration with RCF Connects and partners, will establish clear performance metrics and goals after contract execution and prior to the end of the first quarter. The table below will be amended, per the approval of the Director of Community Development, to accurately reflect the needs of community and the shared goals for the program.

Program
Component Program Outcome Indicator/ Measurement Goal Evaluation Method Placement

Provide long term, safe
and supportive housing
for unhoused members of
our community

Number of residents served in Housing First Program 12
Tabulation or count
reported by Care
Managers, partners,
and participants

Number of residents served in ST Emergency Housing Program 64 Number of landlords participating in the program TBD
Percentage of people who remained housed for six months TBD Percentage of people who remain housed for 12 months TBD Sufficiency
Build three key elements
of financial stability and
prosperity: managing
credit, increasing
income,
and building assets
Percentage of people that increased income and income
stability TBD
Develop a step-by-step
action plan and keep
clients on track.

Percentage of people that started part-time or full-time education TBD
Percentage of people that started and completed job training TBD Health
Provide access to
providers to care for the
physical/medical health,
behavioral health
(including substance use),
and mental health
of
participants
Number of households to receive care management services 88 Tabulation or count
reported by Care
Managers, partners,
and participants

Number of people that access health care services TBD
Number of people that access mental/behavioral health
services TBD
Number of people that access other supportive services TBD Type and number of supportive services offered TBD
Percentage or people that report they are satisfied with the services they are receiving and that their health issues are being addressed
TBD Participant survey
response









 




55 4. Program Budget

RCF Connects will provide services outlined in the scope of work for a total not to exceed amount of $525,000 ($425,000 for the Housing First program and $100,000 for the Short-Term Emergency Housing Program). The Program Budget can be modified up to the disbursement limit upon request from RCF Connects and approval from the City’s Project Manager.

HOUSING FIRST PROGRAM
Expenditures Richmond
Amount
Private
Donors
Budget Narrative Required Supporting
Documents for Payment
Program Personnel

Staff Salaries and
Benefits

$13,776 $24,326 Project Director; RCF
Controller; Benefits
calculated at 23% if
salaries
Proof of payment (Payroll
records, paystubs, etc.)
Timesheets (name, date,
and hours worked)

TOTAL PERSONNEL COST $13,776 $24,326

Program Cost

Subcontractors $180,000 Care Managers (2) salaries
and benefits calculated at
25% of salaries
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Translation Services $5,000 Translation services for
languages other than
English to Spanish
Rental Assistance $160,000 $144,674 Payments made to
landlords For rent per unit
up to a maximum of 12
months (total assistance
dependent upon
assessment)
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Coaching $15,974 Group peer support for
outreach staff, Care
Managers, and residents
to improve engagement
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Indirect Expense $55,250 $26,000 Administrative salaries, facility rentals, insurance,
financial audits and other
support cost
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check

TOTAL PROGRAM COST $411,224 $175,674

TOTAL HOUSING FIRST

PROJECT BUDGET
$425,000 $200,000










 




56 SHORT-TERM EMERGENCY HOUSING ASSISTANCE
Expenditures Richmond
Amount
Private
Donors
Budget Narrative Required Supporting
Documents for Payment

Program Cost

Subcontractors $30,000 Application and Needs
Assessment for Short-term
emergency housing
assistance, including
SparkPoint, Neighborhood
Housing Services, Richmond
Rent Program, etc.

Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Rental Assistance $58,000 $100,000 Month rental assistance at ~ $2,000 per unit per month
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Hotel/Motel Vouchers $12,000 Vouchers at ~ $104 per
night
Invoice and confirmation
payment, receipt, bank
statement, or cancelled
check
Indirect Expense (13,000) (26,000) RCF will be subsidizing all indirect cost for this work

TOTAL PROGRAM COST $100,000 $100,000

TOTAL EMERGENCY

HOUSING ASSISTANCE

PROJECT BUDGET
$100,000 $100,000

Expenses for translation services, outreach materials, and any other items necessary to implement the programs which are not explicitly called out in the budget below, will be the responsibility of RCF Connects, unless otherwise approved and agreed upon with the City.

RCF Connects will enter into appropriate agreements with all subcontractors and agree to pay the subcontractors for work performed under this contract. RCF will share said agreements with the City for information purposes. RCF Connects will invoice the City monthly based on the work completed by their organization and/or any subcontractors.










 




57 For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Lina Velasco
RCF Connects
Community Development
Lina Velasco









 




58 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:

RCF Connects
RCF Connects
Lina Velasco
450 Civic Center Plaza
James "Jim" Becker, President & CEO
3260 Blume Drive, Suite 110
Richmond, CA 94806









 




59 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, 








 




60 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. 








 




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

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

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

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

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

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

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








 




62 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 








 




63 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.










 




64 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 








 




65 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 








 




66 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 








 




67 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 








 




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

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

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

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

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

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

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

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










 




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

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

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

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

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

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

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

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

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








 




70 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.










 




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

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

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

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








 




72 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):

N/A
RCF Connects









 




73 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.

RCF Connects









 




74 ___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services to the City of Richmond (City), or will be awarded City of Richmond (City) funds to provide programs or 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, 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)

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 (for CONTRACTOR’s with employees);

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

6. Fidelity Bond/Crime Coverage – in an amount stipulated by City depending upon scope of contract.

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” located at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

General Liability
(primary and excess limits
combined)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).

Policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the CONTRACTOR, its personnel, agents or subcontractors.

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









 




75 ___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 2 of 3
Revised: September 2011
Automobile Liability (If auto is used.) $1,000,000 per occurrence for bodily injury and property damage.

Fidelity Bond/Crime Coverage
(Applies if receiving City
funds.)
In an amount stipulated by City depending upon the scope of Contract. (Usually based upon the amount of money the Contractor is handling that could be embezzled over a period of time.)
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability Coverage.

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

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

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

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

SAMPLE ENDORSEMENT 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.

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.

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

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

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








 




76 ___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
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 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.









 




77 CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Community Development Lina Velasco
[email protected] (510) 620-6706
9235 / 6378
RCF Connects (formerly known as Richmond Community Foundation) will administer the Housing First Program and Short Term Emergency Housing Assistance Program. ✔
1 RCF Connects
3260 Blume Drive, Suite 110
Richmond, CA 94806
James "Jim" Becker, President & CEO
(510) 234-1200 [email protected]
4005-3126 December 31, 2023
✔
January 18, 2023
December 21, 2022 June 30, 2024
525,000.00







  





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

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

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

6. Insurance Coverage Updated and Maintained.

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

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

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

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates
CONTRACTOR:
______________________________
(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)
By____________________________
Title:________________________
(*The Corporation Chief Financial Officer, Secretary or Assistant Secretary should sign on the line below.)
By:___________________________
Title:________________________
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and
the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

RCF Connects







  











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

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

Contract Amendment/EJ/TE 9-26-07
1 / 6378
December 21, 2022
June 30, 2025
625,084.80
1,150,084.80
RCF Connects

Budget Attached







  





80 HOUSING FIRST
Personnel
Finance Staff 22,400.00 .10FTE
Benefits 5,152.00 @ .23% of salaries
Personnel Total 27,552.00

SubContractors
Collaborising
Care Manager 70,000.00 1.0 FTE
Benefits 17,500.00 25% of salaries
SOS Care Manager 70,000.00 1.0 FTE
Benefits 17,500.00 25% of salaries
SubContractors Total 175,000.00
Program Expenses
Coaching Services 30,000.00
Group Peer Support for both
Outreach Staff, Care Managers and
Residents
One Year Rents 200,000.00 rent for UP TO 16 new households SUBTOTAL EXPENSES 432,552.00
INDIRECT 64,882.80
TOTAL EXPENSES 497,434.80








  





81 RCF Connects - Short-term Housing Assistance
Item
SubContractors
SparkPoint Contra Costa 15,000.00$
Richmond Neighborhood H 15,000.00$
SubContractors Total 30,000.00$
Program Expenses
Motel Vouchers 23,000.00 $ 115 vouchers @$200/night
Rent Assistance 58,000.00 $ 29 months of emergency rent @$2,000/month Program Expenses Total 81,000.00$
Indirect 16,650.00 $
TOTAL EXPENSES 127,650.00$







  





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

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

Contract Amendment/EJ/TE 9-26-07
RCF Connects
1 / 6378








  





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

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

Service Plan
RCF Connects
1 / 6378
625,084.80
1,150,084.80
June 30, 2025
✔
✔
1,150,084.80
1,150,084.80
1,150,084.80
1,150,084.80







  





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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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







  





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

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

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

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

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

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

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

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

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

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

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

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

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

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






  





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

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

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

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

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

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

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

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

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

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

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

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

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







  





87 






  





88 CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
03/22/2023

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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

PRODUCER

AUTOMATIC DATA PROCESSING INS AGCY
76250717
71 HANOVER ROAD
FLORHAM PARK NJ 07932
CONTACT NAME:

PHONE
(A/C, No, Ext):
(800) 524-7024 FAX
(A/C, No):

E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Fire and Its P&C Affiliates 00914

INSURED

RICHMOND COMMUNITY FOUNDATION

FOUNDATION
3260 BLUME DR STE 110
SAN PABLO CA 94806-1960
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

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

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 76 WEG AN4J6U 09/09/2022 09/09/2023
X PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
Workforce Development
Board of Contra Costa
4071 Port Chicago Highway, Suite 250
Concord CA 94520

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 






  





89 






  





90 CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

(*The Corporation Chairperson of the Board, President or Vice-President should sign on the line below.)

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President
and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313.

92 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

93 For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

EXHIBIT A - SERVICE PLAN

Contractor shall, to the sa�sfac�on of the city of Richmond, perform the following services as outlined below.

1. Service Specifica�on
Richmond Community Founda�on and their subcontractor (RCF) shall administer the development and implementa�on of the Housing First Program under the ERF-2-R Grant Program for the City of Richmond.

RCF will develop and implement the housing and support services needed to provide unhoused individuals and families with temporary and/or permanent housing op�ons to support health and safety, as well as extensive wrap-around services for those in need. City staff and CORE in collabora�on with RCF will determine which individuals on the wai�ng list or otherwise meet eligibility criteria under the ERF-2-R Grant Program. The unhoused individuals and families will be from the city of Richmond encampment sites and must complete an intake with CORE, including a ViSPDAT.

Final decisions regarding program development and implementa�on, program partners, outreach, performance metrics and goals, budget, and any other program components, will be developed in close collabora�on with the City of Richmond.

The following programs include the following major service offerings:

Housing First Program shall help people obtain housing quickly, increase self-sufficiency, and remain housed. The Housing First model is an approach that priori�zes providing safe, stable, long-term housing to unhoused community members and building a community of support around them from which they can pursue personal goals and improve their quality of life. The core components of Housing First shall include:

Iden�fica�on of Resident Needs
o Leveraging the years of trust building with community members who are unhoused staff and trusted partners will also seek to understand the needs of each person.

Crea�on of a Housing Transi�on Plan (from unhoused to housed) o RCF will engage unhoused individuals and families in a peer-based planning, problem-solving, and naviga�on process to move from encampments, address their safety and survival needs, and support their overall health and wellbeing as they transi�on into housing. The naviga�on process will:
o Assist unhoused individuals in accessing services and o Help them plan for the housing resources provided through the Housing First model. o Develop a housing transi�on plan, evaluated regularly, that will include strategies for addressing the needs iden�fied

94 For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

Housing Naviga�on
o RCF will provide housing naviga�on services for eligible clients based on individual needs per the Housing Transi�on Plan.

Iden�fy suitable housing accommoda�ons for eligible unhoused individuals and families.

Assist with paperwork and other required documenta�on to apply for available housing. o Assist with appointments, provide transporta�on assistance, to tour units and/or meet with property owners and property management.
o Coordinate move-in into housing with eligible unhoused individuals and families and property owners.

Housing Iden�fica�on
o RCF will build on its list of landlords from the Housing First pilot program willing to par�cipate in the program and regularly update the list of available housing units. RCF will develop agreements with and ever-growing list of landlord par�cipants in Richmond and across the East Bay Area.

Rent and Move-in Assistance
o RCF will assist with move-in support u�lizing flex funds as well as securing dona�ons of furniture, cooking supplies, and other items needed to help set up each home. RCF will assist with the leasing process and provide payment for up to one year of rent, paid quarterly in advance, for the housing unit. RCF will also u�lize flex funds to prepay u�lity services for 6 to 12 months.

Case Management
o Case Managers will support each person’s transi�on into housing and help sustain this housing arrangement by serving as a liaison with the person, the landlord, the neighbors, and service providers to develop the network and rela�onships the person will need to truly thrive.

Access to Services
o Case Managers will work with iden�fied community partners to provide “warm referrals” to services that can meet a resident’s needs (e.g., health, income, etc.)

Financial Management and Coaching
o Provide addi�onal financial and asset-building services to help residents build their own financial safety nets and stabilize their housing

Housing Stability
o RCF and partners will support each person or family in maintaining their housing because their needs have been met (medical, behavioral, mental health), they have income to support their housing (at least 75% of self-sufficient income), and they have built a strong, posi�ve rela�onship with the landlord and their neighborhoods.

95 For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

The funding available for direct renal assistance will include $660,000 from the City of Richmond ERF-2-R Grant Program to assist at least 30 households with rental assistance for up to one year. In addi�on, $150,000 in flex funds from the ERF-R2 Grant Program will be made available to RCF to assist residents with home living items, personal hygiene, employment support, transporta�on, and other personal items as needed to help them become self-sustainable.

Program eligibility, to be finalized with City of Richmond staff, may include but not limited to:
o Preferably a resident(s) that lost their housing in the city of Richmond and or has been a long �me Richmond resident
o Is currently unhoused and living in a homeless encampment in the city of Richmond that is been targeted per the goals and guidelines of the city’s ERF-2-R grant program. o Must complete an intake with the CORE team, including a ViSPDAT o Agrees to adhere and follow the program regula�ons

RCF and its partners shall provide services in English and Spanish. Should a person require another language in order to receive services, the Case Managers will contact Keylingo Transla�on services based in Concord, California, or other transla�on services.

2. Timeline
The proposed �meline for program is 12 months but the �meline may be extended or shorten based on various factors including, but not limited to, community needs, available budget, etc. The proposed �meline is subject to change and can be amended based on mutual agreement between the City and RCF.

Task/Ac�vi�es Month

Contract Amendment No. 2 is executed with RCF December 2023

Case Managers job descrip�ons are posted for hiring and Waitlist is provided to CORE to begin CORE intake, including ViSPDAT

December 2023
Case Managers hired. January-February 2024

Landlord lists are updated and outreach to new landlords begins.

February-March 2024

Eligible unhoused residents and those already in the Housing First pipeline begin process of needs assessment and the development of a housing transi�on

March-April 2024
Housing placements begin for unhoused residents. February-April 2024 and ongoing
96 For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

Care Managers are engaging with residents, landlords and neighbors on a weekly basis.

March-April 2024 and
ongoing
Initial evaluation of performance metrics occurs. April 2024, quarterly thereafter

3. Project Outcome and Evalua�on
The City, in collabora�on with RCF, will establish clear performance metrics and goals a�er contract execu�on and prior to the end of the first quarter. The table below will be amended, per the approval of the Director of Community Development, to accurately reflect the needs of community and the shared goals for the program.

1. Housing Placement Rate: This metric measures the rate at which unhoused individuals are successfully placed into temporary or permanent housing through the program. It can be calculated by dividing the number of individuals successfully housed by the total number of individuals enrolled in the program.

2. Housing Stability Rate: This metric measures the rate at which individuals remain stably housed a�er being placed through the program. It can be calculated by dividing the number of individuals who maintain their housing for a specified period (e.g., 6 months or 1 year) by the total number of individuals housed.

3. Income Gain: This metric measures the increase in income for individuals enrolled in income sustaining programs facilitated by the Housing First Program. It can be calculated by comparing the individuals' income levels before and a�er par�cipa�ng in the program.

4. Employment Rate: This metric measures the rate at which individuals secure and maintain employment a�er par�cipa�ng in job training educa�on and income sustaining programs. It can be calculated by dividing the number of individuals employed by the total number of individuals enrolled in the program.

5. Support Services U�liza�on: This metric measures the u�liza�on of support services provided by the program or through referred partners, such as job training, financial literacy workshops, counseling, and healthcare access. It can be calculated by tracking the number of individuals accessing and engaging with these services.

6. Par�cipant Sa�sfac�on: This metric measures the sa�sfac�on levels of program par�cipants regarding the housing and support services provided. It can be assessed through surveys or interviews to gather feedback on their experience and the impact of the program on their lives.

These metrics will help RCF assess the effec�veness of the Housing First Program in assis�ng unhoused individuals with income sustaining programs and iden�fy areas for improvement.

97 For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

Program
Component Program
Outcome
Indicator/ Measurement Goal Evaluation
Method

Placement
Provide long
term, safe and
supportive
housing for
unhoused
members of our
community
Number of residents housed via the Housing
First Program ERF-2-R Grant Program (1)
30 Tabulation or
count reported
by Case
Managers,
partners, and
participants
Number of landlords participating in the
program
TBD
Percentage of people who remained housed
for six months (2)
TBD
Percentage of people who remain housed for
12 months (2)
TBD

Sufficiency
Build three key
elements of
financial
stability and

Percentage of people that increased
income and income stability (3)

TBD
Develop a
step-by-step
action plan
and keep
clients on
track.

Percentage of people that started
part-time or full-time education (4) TBD
Percentage of people that started and
completed job training and started jobs (4)
TBD

Health

Provide access
to providers to
care for the
physical/medical
health,
behavioral
health
(including
substance use),
and mental
health of
participants
Number of households to receive care
management services (5)
30 Tabulation or
count reported
by Case
Managers,
partners, and
participants
Number of people that access health care
services (5)
TBD
Number of people that access menta/
behavioral health services (5) TBD
Number of people that access other
supportive services (5)
TBD
Type and number of supportive services
offered (5)
TBD
Percentage or people that report they are
satisfied with the services they are
receiving and that their health issues are
being addressed (6)

TBD Participant
survey
response

98 For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

4. Program Budget
RCF will provide services outlined in the scope of work for a total not to exceed amount of $1,111,633,000.15. The Program Budget can be modified up to the disbursement limit upon request from RCF and approval from the City’s Project Manager.

Expenses for transla�on services, outreach materials, and any other items necessary to implement the programs which are not explicitly called out in the budget below, will be the responsibility of RCF, unless otherwise approved and agreed upon with the City.

RCF will enter into appropriate agreements with all subcontractors and agree to pay the subcontractors for work performed under this contract. RCF will share said agreements with the City for informa�on purposes. RCF will invoice the City monthly based on the work completed by their organiza�on and/or any subcontractors.

RCF Housing First ERF-2-R Budget
Description
Staff Salary FTE Hrly Rate
Anuual Hours (12
months) Total
Program Manager/Housing Navigator 1 36.00$ 2080 74,880.00$ Case Manager 1 33.00$ 2080 68,640.00$
143,520.00$
Benfits @ 23% 23% 33,009.60$
Total Staff Salary 176,529.60$
Households
Avg. Monthly
Rent Term, 12 months
Rental Assistance 30 1,850.00$ 12 666,000.00$
Flex Funds 30 5,000.00$ 150,000.00$
Total Assistance 816,000.00$
Subtotal 992,529.60$
Indirect 12.0% 119,103.55$
Total 1,111,633.15$
99 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

100
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
101
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

102
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

103
104

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
03/22/2023

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

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

PRODUCER

AUTOMATIC DATA PROCESSING INS AGCY
76250717
71 HANOVER ROAD
FLORHAM PARK NJ 07932
CONTACT NAME:

PHONE
(A/C, No, Ext):
(800) 524-7024 FAX
(A/C, No):

E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Fire and Its P&C Affiliates 00914

INSURED

RICHMOND COMMUNITY FOUNDATION

FOUNDATION
3260 BLUME DR STE 110
SAN PABLO CA 94806-1960
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

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

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 76 WEG AN4J6U 09/09/2022 09/09/2023
X PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
Workforce Development
Board of Contra Costa
4071 Port Chicago Highway, Suite 250
Concord CA 94520

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 105
106

November 28, 2023

Finance Department

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

Andrea Miller, Director of Finance
Jerry Chak, Accounting Manager
Subject:

Investment and Cash Balance Report and Overtime
Reports for the Month of September 2023
FINANCIAL IMPACT: There is no fiscal impact due to this agenda item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report for the
month of September 2023.

RECOMMENDED ACTION:

RECEIVE the City’s Investment and Cash Balance
Report for the month of September 2023 – Finance
Department (Andrea Miller 510-620-6740).

DISCUSSION:

The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the Investment Policy updated on October 17, 2023.

DOCUMENTS ATTACHED:

Attachment 1 – Investment and Cash Balance Report for September 2023 AGENDA
REPORT
107

November 28, 2023
Attachment 2 – Overtime Report FY2023-24-Period 3
Attachment 3 – Public Safety Overtime Report FY2023-24-Period 3 108

Finance Department – Treasury Division

M E M O R A N D U M

To: Mayor and Members of the City Council

From: Andrea Miller, Director of Finance
Jerry Chak, Accounting Manager

Date: November 28, 2023

Subject: MONTHLY CASH BALANCES & INVESTMENT REPORT –
September 2023

Enclosed for your information are the Investment Report, Portfolio Summary, and Comparative Cash Report for the month of September 2023 prepared by the City Treasurer pursuant to the statutory requirements of the State of California.

109
110
111
112
113
114
115
116
117
118

6. Overtime Report ( All Funds ) ( September 2023)
PERIOD 3, SEPTEMBER 2023
25% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
GENERAL FUND (summary)
400031 OVERTIME/General 1,725,650 1,725,650 682,161 1,043,489 40% 400032 OVERTIME/Sworn 9,282,969 9,282,969 3,084,619 6,198,350 33% TOTAL GENERAL FUND 11,008,619 11,008,619 3,766,780 7,241,839 34% Overtime By Department

CITY CLERK
Administration 20,000 20,000 4,562 15,438 23%

COMMUNITY DEVELOPMENT -
General Plan Code Enforcement 20,000 20,000 1,312 18,688 7%

FINANCE -
General Accounting - 844 (844) 100% Short-staffed. A budget transfer will be completed.

Payroll - 23,980 (23,980) 100% Short-staffed. Budget will be added at mid-year.

Treasury/Cash Management - - Accounts Payable 600 600 43 557 7% Revenue Collection 5,000 5,000 2,079 2,921 42% Short-staffed.

TOTAL FINANCE 5,600 - 5,600 26,946 (21,346) 481%

HUMAN RESOURCES
Administration 199 (199) 100% A budget transfer will be done to cover the actual.

POLICE
Administration 490,227 490,227 115,184 375,043 23% CAD Dispatch System 680,625 680,625 192,168 488,457 28% New hire training RM System 4,000 4,000 270 3,730 7% Parking Enforcement 6,000 6,000 842 5,158 14% Sworn Administration 4,800,000 4,800,000 1,890,514 2,909,486 39% Short-staffed.

TOTAL POLICE 5,980,852 - 5,980,852 2,198,979 3,781,873 37% FIRE
Administration 2,000 2,000 2,000 0% Suppression - - 152,254 (152,254) 100% 7 Personnel's OT is being charged to general OT object (400031) instead of sworn OT (400032). Contacted payroll to correct the account string.

Sworn Suppression 4,453,872 4,453,872 1,152,859 3,301,013 26% Vacancies, Injury Leave, Vacation/CTO

6. Overtime Report ( All Funds ) ( September 2023)
25% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
Sworn Prevention 29,097 29,097 3,562 25,535 12% Sworn Training 37,683 (37,683) 100% 1 Battalion Chief's OT is being charged to Training instead of Suppression.

Contacted payroll to correct the account string.

TOTAL FIRE 4,484,969 - 4,484,969 1,346,358 3,138,611 30%

PUBLIC WORKS & ENGINEERING SVCS
Facility Maintenance Administration - - Stationary Engineers 10,000 10,000 4,834 5,166 48% Stationary Engineers had after hours calls Building Services 3,000 3,000 485 2,515 16% Utility Sections 132,000 132,000 48,469 83,531 37% Weekend cleaning of the Aquatic centers, stripping and waxing of the Recreation Complex and work in the Council Chambers
Electric 25,000 25,000 8,343 16,657 33% After hours emergency calls.

Parks & Landscape Admin 200,000 200,000 80,154 119,846 40% Tree work and extensive weed abatement in various locations that are open spaces and busy roadways.

Streets Administration 36,000 (30,000) 6,000 49 5,951 1% Street Sweeping 1,100 1,100 189 911 17% Pavement Maintenance 41,447 10,000 51,447 8,641 42,806 17% Traffic Signs & Lines 4,885 20,000 24,885 5,561 19,324 22% Equipment Services 8,000 8,000 8,500 (500) 106% To catch up on outstanding work, clerical and maintenance.

Abatement Services 27,000 27,000 10,666 16,334 40% Abatement staff had Dumpster Day work on the 15th, 22nd and 29th TOTAL PUBLIC WORKS 488,432 - 488,432 175,891 312,541 36%

LIBRARY
Library Administration - - 3,089 (3,089) 100% Admin support fo Deputy City Manager, Library Commission, and staffing shortages.

COMMUNITY SERVICES
Recreation Services/Cities of Service - 23 (23) 100% Recreation Administration - 682 (682) 100% Administrative staff were tabling at several weekend and evening events in July.

Booker T Center 250 250 250 0% Nevin Center 1,000 1,000 1,864 (864) 186% Short-staffed.

Shields Reid 37 37 161 (123) 430% Short-staffed.

Recreation Complex 1,000 1,000 924 76 92% Short-staffed.

Parchester Center 200 200 260 (60) 130% Short-staffed.

May Valley Center - 670 (670) 100% Short-staffed.

Recreation DPRC 500 500 500 0% Senior Center 300 300 300 0% Senior Center Annex 250 250 77 173 31% Staff participated in fireworks events.

Aquatics 2,028 2,028 2,224 (196) 110% Short-staffed.

Convention Center - 551 (551) 100% Increased rentals and county vaccinations required staff overtime Plunge 2,200 2,200 2,009 191 91% Short-staffed.

TOTAL COMMUNITY SERVICES 7,766 - 7,766 9,445 (1,679) 122%

6. Overtime Report ( All Funds ) ( September 2023)
25% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT

ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 1,000 1,000 0% TOTAL GENERAL FUND 11,008,619 - 11,008,619 3,766,780 7,241,839 34%

NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 20,000 8,050 11,950 40% The Hilltop crew completed weed abatement around the lake and High Fire Zones
1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 25,300 11,572 13,728 46% The Marina crew overtime was for the July 3rd and tree trimming/weed abatement
1018 RENT CONTROL 2,500 2,500 285 2,215 11% 1050 CR-PLANNING & BUILDING 9,500 9,500 9,500 0% 1055 ENCROACHMENT SVCS 8,000 8,000 3,017 4,983 38% to inspect services completed by PG&E and it corresponds with a permit and the funds should go back to that line
4003 WASTEWATER 7,500 7,500 4,455 3,045 59% Admin staff worked overtime providing support to Department assisting with reconciling invoices, contracts, etc. in preparation of year-end close 4404 RHA-NEVIN PLAZA - 858 (858) 100% On-call services from tenants after hours and weekends. 4405 RHA-NYSTROM VILLAGE - 2,000 (2,000) 100% On-call services from tenants after hours and weekends. 5001 INSURANCE RESERVES - 24 (24) 100% TOTAL NON-GENERAL FUNDS 72,800 - 72,800 30,262 42,538 42%

6.b. Overtime Report ( Public Safety) (September 2023)
City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2016-17 Overtime - Sworn 3,169,000 3,169,000 313,703 373,243 423,224 469,661 339,483 327,177 348,075 361,458 349,723 365,735 425,407 563,317 4,660,206 147.1% (1,491,206) 388,350.51 FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,000,000 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 5,000,000 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 POLICEFY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 394,652 472,091 442,662 397,356 436,869 382,792 4,754,372 99.0% 45,628 396,197.67 FY2023-24 Overtime - Sworn 4,800,000 4,800,000 487,105 925,716 477,693 1,890,514 39.4% 2,909,486 630,171.46 FY2016-17 Overtime - Sworn 2,486,914 2,486,914 268,353 267,582 178,894 164,200 149,136 147,981 227,796 267,960 182,993 246,898 233,383 316,924 2,652,102 106.6% (165,188) 221,008.47 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 4,305,402 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 4,305,402 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FIREFY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2023-24 Overtime - Sworn 4,482,969 4,482,969 461,859 435,981 296,264 1,194,104 26.6% 3,288,865 398,034.80 FY2023-24 TOTAL 9,282,969 9,282,969 948,964 1,361,697 773,958 - - - - - - - - - 3,084,619 33.2% 6,198,350 1,542,309.39

BUDGET ACTUALS TOTAL

122

November 28, 2023

Finance Department

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

Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager

Subject: Contract for Business Tax Audit Services and Analysis FINANCIAL IMPACT: The cost for the first year of the contract is included within the approved fiscal year 2023-2024 Finance
Department budget (01177015-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff requests approval of a contract with BRI
Consultants, Inc. to provide business tax audit services and analysis.

RECOMMENDED ACTION: APPROVE a contract with BRI Consultants, Inc. in an amount not to exceed $250,000, to provide Business Tax
Audit Services and provide as-needed analysis, with a
term beginning November 29, 2023, and ending
December 31, 2026, with two one-year options to renew
at the amount of $50,000 per year, for a total contract amount not to exceed $350,000 – Finance Department
(Andrea Miller/ Mubeen Qader 510-412-2077/ Antonio
Banuelos 510-620-6741).

AGENDA
REPORT
123

November 28, 2023
DISCUSSION:

City Council placed a measure on the November 3, 2020 ballot that was approved by the voters, which changed the Business Tax calculation methodology to be based on gross receipts instead of the prior method based upon the number of employees employed by a business.

Section 7.04.430 of the approved Business Tax Ordinance speaks to the audit process of selected business. Although City staff has and will continue to directly review and audit businesses directly, it was deemed necessary to contract consultants to audit businesses with more complex and nuanced business operations and records.

7.04.430 Audit—Examination of books, records, witnesses.

The city may conduct audits and examinations pursuant to the terms of this section. The City Manager or any authorized employee is authorized to examine the books, papers, tax returns, and records of any person subject to this chapter for the purpose of verifying the accuracy of any declaration made, or if no declaration was made, to ascertain the business tax due.

Every person subject to the provisions of this chapter is directed and required to furnish to the City Manager, the means, facilities, and opportunity for making such examination and investigations. The City Manager is authorized to examine a person under oath, for the purpose of verifying the accuracy of any declaration made, or if no declaration was made, to ascertain the business tax or registration fees due under this chapter. In order to ascertain the business tax or registration fees due under this chapter, the City Manager may compel, by administrative subpoena, the production of relevant books, papers and records and the attendance of all persons as parties or witnesses.

The refusal to submit to such examination or production by any employer or person subject to the provisions of this chapter shall be deemed a violation of this chapter, and administrative subpoenas shall be enforced pursuant to applicable state law.

On September 13, 2023, the Finance Department issued a Request for Proposals (RFP) seeking qualified and experienced consulting firms to project gross receipts for very large, complex businesses and to review their financial, manufacturing, and processing records to confirm that reported gross receipts are correct. During the life of the contract, the consultant will perform audits of selected businesses to determine accuracy of business tax remittances. Additionally, at the direction of City staff, the consultant will provide additional as needed analysis including providing forecasts and trend analysis.

The RFP was posted on the City’s BidsOnline system where 737 vendors were notified, and 11 vendors downloaded copies of the RFP. On October 4, 2023, one electronic 124

November 28, 2023
proposal was received. The proposal was reviewed by City staff members and the vendor was found to be compliant. Based on a combination of expertise in this field and experience with other California municipalities dealing with gross receipts business tax issues, City staff decided to proceed with the proposed contract.

City staff is requesting approval of a three-year contract with BRI Consultants, Inc. in the amount of $250,000 to provide business tax audit services and to provide as needed analysis, with a term beginning November 29, 2023, and ending December 31, 2026, with two one-year options to renew at the amount of $50,000 per year, for a total contract not to exceed $350,000.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Request for Proposals - SB90 State Mandated Cost Reimbursement Attachment 3 – Project Report

125

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.

126

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
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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:

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For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
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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. 130
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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EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 132
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import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

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

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

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

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 133
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

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

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this 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. 134
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 135
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any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

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

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

15. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 137
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

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

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

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 138
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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 139
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 140
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City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 142
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toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance.

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

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

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

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

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

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 144
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):

145
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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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

Claims-Made Policies
148
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

149

EXHIBIT H

CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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

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

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

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

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

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
150