Agenda — Richmond City Council, December 5, 2023 (part 1 of 4)

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, December 5, 2023, 3:30 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
Vice Mayor Gayle McLaughlin will be joining the meeting via Zoom from the following location:

City Council Office
440 Civic Center Plaza
Richmond, CA 84804

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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.

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3 Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

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 3:30 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. • Hernandez v. Hodges•
Winehaven v. City of Richmond•
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
Eric Reason 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)
City Designated Representative: Dave Aleshire, City Attorney Unrepresented employee: City Manager
•
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
5 D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 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) L.1 NEW EMPLOYEE REPORT - 1st Tuesday
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. 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)
O. 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.)
O.1 City Attorney's Office
O.1.a Approval of settlement agreement in Jose Sotelo v. City of Richmond, et al
13 APPROVE the proposed settlement agreement in Jose Sotelo v. City of Richmond, et al. for a total settlement amount of $105,000 – City Attorney’s Office (Dave Aleshire 510-620-6509).

O.2 City Clerk's Office
O.2.a City Council Meeting Minutes 21
APPROVE the minutes of the October 17 and 24, 2023, regular City Council meetings and the November 14, 2023, special meeting - City Clerk's Office (Pamela Christian 510-620-6513).

O.3 City Council
O.3.a World AIDS Day 40
PROCLAMATION recognizing World AIDS Day, to honor the 700,000 Americans and 40 million lives lost worldwide to AIDS-related illnesses over the years – Councilmember Cesar Zepeda (510-620- 6593) and Mayor Eduardo Martinez (510-620-6503).
7 O.4 City Manager's Office
O.4.a Fiscal Year 2023-24 Category 3 ECIA Grant Award
Recommendations ($44,000)
43 APPROVE a recommendation from the City Council ECIA Grant Review Ad Hoc Committee to award $44,000 in Fiscal Year 2023-24 Environmental Community Investment Agreement (ECIA) Grant funds (Category 3 - City Council-Approved Award) to seven (7) Richmond-serving non-profit organizations; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (LaShonda White 510-620-6828/Patrick Seals 510-307-8016).

O.5 Community Development
O.5.a Contract Amendment No. 2 with PES Environmental, Inc. dba NV5 54 APPROVE a contract amendment no. 2 with PES Environmental, Inc. (PES), dba NV5, in an amount of $166,300, for a new total contract amount not to exceed $236,300, for environmental consultation services related to the Miraflores Property, for a term ending December 31, 2025, to be paid for by funding from the Successor Agency to the Richmond Community Redevelopment Agency – Community Development Department (Lina Velasco 510-620-6706).

O.5.b Sole-Source Agreement with The Regents of the University of California for Project Evaluation for the City of Richmond’s Transformative Climate Communities (TCC) Implementation Grant 125
APPROVE a sole-source service agreement with The Regents of the University of California, a California public corporation, for a total amount not to exceed $1,070,000, to document and evaluate program processes as well as outputs, outcomes, and impacts of the City’s Transformative Climate Communities (TCC) Round 4 Richmond Rising Project focused on serving the Iron Triangle, Santa Fe, and Coronado neighborhoods, with a term beginning October 1, 2023, through June 30, 2029 – Community Development Department (Lina Velasco/Beatriz Guerrero 510-620-5450).

O.5.c Contract with American Global Security for Site Security at the Castro Encampment.
152
APPROVE a contract with American Global Security, in an amount not to exceed $353,524, to provide security guard services at the Castro Encampment for up to two guards, 24 hours a day, seven days a week, for a term beginning December 6, 2023, and ending on June 30, 2024 – Community Development Department (Lina
Velasco/Jesus M. Morales 510-620-6706).
8 O.5.d Accept and Appropriate Grant Funds from All Home 196 ACCEPT and APPROPRIATE a $15,000 grant from All Home,
provided via the Tides Center, to support the City’s Round 3 Homekey Application to acquire a motel to convert into Permanent Supportive Housing – Community Development Department (Lina Velasco 510-620-6706).

O.5.e Contract with Housing Consortium of the East Bay (HCEB) for Case Management and Client Care Liaison Services for the Castro Encampment Resolution Project
201
APPROVE a contract with Housing Consortium of the East Bay (HCEB) to provide Case Management and Client Care Liaison services for former Castro Encampment residents, including administration of up to $25,000 of Flex Funds, for a total contract amount of $279,890, for a term beginning December 5, 2023, through June 30, 2024, to be funded using the City’s Encampment Resolution Funds – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).

O.6 Finance Department
O.6.a 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.
349
ADOPT an ordinance (second 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).

O.7 Fire Department
O.7.a Resolution Designating Officials and Authorizing Submission and State Financial Disaster Assistance
355
ADOPT a resolution designating officials and authorizing submission of an application to the State of California Governor’s Office of Emergency Services for state financial assistance under the California Disaster Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act – Fire Department (Deputy Fire Chief Aaron Osorio 510-307-8021/Andrea Miller 510-620-6790). 9 O.8 Human Resources
O.8.a City Holiday Closure from December 26 through December 29, 2023 364 ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units) and International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid- Management and Executive Management Units) regarding the holiday closure for December 2023 – City Manager’s Office/Human Resources Department (Shasa Curl/Sharrone Taylor/Nickie Mastay 510-620-6602).

O.9 Library and Community Services
O.9.a Memorandum of Understanding with All Season’s Ice Company to Provide Ice/Snow at Nicholl Park
373
APPROVE the Memorandum of Understanding between the City of Richmond and All Season’s Ice Company to provide 20 tons of ice/snow to Richmond residents at Nicholl Park during the Winter Break at no cost to the City of Richmond and for a term from November 23, 2023, to December 31, 2023 – Community Services Department (LaShonda White 510-620-6828/Ranjana Maharaj 510- 620-6972).

O.10 Mayor's Office
O.10.a Appointment to the Environmental and Community Investment Agreement (ECIA) Transportation Oversight Committee
383
APPOINT Darlene Drapkin to a vacant seat on the ECIA
Transportation Oversight Committee, Term Expires July 25, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.10.b Richmond Arts and Culture Commission Appointment 386 APPOINT Virginia Jourdan to an unexpired term in the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.10.c Richmond-Shimada Friendship Commission Appointment 388 APPOINT Mindy Pines to an unexpired term in the Richmond- Shimada Friendship Commission, Term Expires January 18, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.10.d Urban Forest Advisory Committee Appointment 390
APPOINT Ethan Rayner to the Urban Forest Advisory Committee with a term that expires on November 17, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
10 O.11 Police Department
O.11.a Executive Management Training Course Held in Boston, Massachusetts for Captain Matthew Stonebraker
392
ACCEPT and APPROVE the course registration amount not to exceed $11,400, and the out-of-state travel form, for the Senior Management Institute for Police (SMIP) program at Boston University School of Law for Captain Stonebraker to attend from July 8, 2024, through July 26, 2024 – Police Department (Chief Bisa French 510- 621-1802).

O.12 Public Works
O.12.a Resolution Authorizing the City Manager to Execute Recurring Contracts and Agreements with Contra Costa County, Stege Sanitary District, West County Wastewater District, West County Agency and the California State Water Resources Control Board for Service 415
ADOPT a resolution authorizing the city manager to execute reoccurring contracts for Fiscal Year 2023-24 with Contra Costa County, Stege Sanitary District, West County Wastewater District, West County Agency, and the State of California Water Resources Control Board at an aggregate annual amount of $1,437,085. The execution of these contracts shall not exceed the limits as set forth for the following: Contra Costa County North Richmond Storm Drain Pump Station - $75,000; Contra Costa County Clean Water Program - $385,000; California Water Resources Control Board - WWTP National Pollutant Discharge Elimination System (NPDES) - $125,000; California Water Resources Control Board - City of Richmond Stormwater NPDES permit - $40,500; California Water Resources Control Board - Sanitary Sewer Overflow Waste Discharge Requirement (SSO - WDR) Permit - $40,500; West County Agency - $727,585; Stege Sanitary District Sewer Use Fees Joint Powers Agreement (JPA) - $43,500 – Public Works Department (Robert Armijo 510-621-5477/Mary Phelps 510-621-1269).

O.12.b Smart Signals Project Funding Agreement with Contra Costa Transportation Authority (CCTA)
507
ADOPT a resolution authorizing a Funding Agreement between Contra Costa County Transportation Authority (CCTA) and City of Richmond for the allocation of Smart Signals Project funding to City of Richmond for 21 locations; and ACCEPT and APPROPRIATE the matching contribution of $182,336 from the Gas Tax fund Balance – Public Works Department (Robert Armijo 510-620-5477/ Ken Cheng 510-621-1612).
11 P. BUDGET SESSION
P.1 Update and Funding Options Using American Rescue Plan Act (ARPA) and Environmental and Community Agreement (ECIA)
549
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). This item was continued from the November 28, 2023, meeting.

Q. PUBLIC HEARINGS
Q.1 Cannabis Ordinance Amendments 650
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). This item was continued from the November 7, 2023, and November 28, 2023, meetings.

R. NEW BUSINESS
R.1 East Bay Municipal Utility District Presentation 729 RECEIVE a presentation from East Bay Municipal Utility District (EBMUD) regarding the Galvanized Requiring Replacement (GRR) program - Public Works Department (Robert Armijo 510-620-5477/Daniel Chavarria 510-620- 5478).

R.2 Hilltop Horizon Specific Plan 746
RECEIVE a presentation; and PROVIDE comments on the uses in the initial concept alternatives developed for the Hilltop Horizon Specific Plan (PLN23- 344) – Community Development Department (Lina Velasco 510-620- 6841/Hector Rojas 510-621-1220).

S. ADJOURNMENT
________________________
12

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December 5, 2023

City Attorney's Office

DATE: December 5, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Shannon L. Moore, Chief Assistant City Attorney

Subject:

Approval of settlement agreement in Jose Sotelo v. City of Richmond, et al
FINANCIAL IMPACT: Account string 50182316- 400553

PREVIOUS COUNCIL
ACTION:

Closed session discussion November 7, 2023

STATEMENT OF THE
ISSUE:

To resolve a pending police federal civil rights lawsuit, the City Attorney’s Office is requesting final approval of a settlement agreement in Jose Sotelo v. City of Richmond, et al.

RECOMMENDED ACTION:

APPROVE the proposed settlement agreement in Jose
Sotelo v. City of Richmond, et al. for a total settlement amount of $105,000 – City Attorney’s Office (Dave
Aleshire 510-620-6509).

DISCUSSION:

On October 25, 2022, Plaintiff filed a lawsuit against the City of Richmond and former Richmond Officer Eric Smith and current Richmond Police Officer Karel Marecek entitled Sotelo v. City of Richmond, et al , in the United States District Court Case No. 3:22 -cv- AGENDA
REPORT
13

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December 5, 2023
06475, alleging three claims for relief, brought under the federal civil rights statute (42 USC § 1983) and state law tort and civil rights claims against the City and Richmond Police Officers Karel Marecek and Smith. Officer Karel Marecek has been dismissed from the lawsuit. The City assumed and has maintained the defense of Smith pursuant to Government Code section 995, and has authority to settle on his behalf.

The parties participated in a federal settlement conference before Magistrate Judge Ryu on October 23, 2023, and reached a tentative settlement (contingent on Council approval) of $105,000 to resolve all claims against the City, the officer defendants and any unnamed Richmond police officers relating to the allegations in the lawsuit. The Mayor and City Council provided settlement authority during its November 7, 2023 closed session.

By entering into this Agreement, Defendants make no admission of liability for the claims set forth in the lawsuit. Defendants’ agreement to settle Plaintiff’s disputed claims shall not be construed in any manner as an admission of any liability by Defendants, which has been vigorously disputed liability since the lawsuit was filed.

DOCUMENTS ATTACHED:

Attachment 1 – Proposed Settlement Agreement

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RICHMOND, CALIFORNIA, October 17, 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 4:37 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Alonzo Shelton v. City of Richmond et al.
 Winehaven Legacy LLC v. City of Richmond et al.
 Point Molate Alliance v. City of Richmond
 Guidiville Rancheria of California, et al. v. City of Richmond et al.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
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D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public speakers.

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:40 p.m. Closed Session adjourned at 6:31 p.m.

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

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

H. ROLL CALL

Present: Councilmembers Bana, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: Councilmember Jimenez was absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated a conflict of interest for Item P.9.a (sole-source contract with The Watershed Project).

J. AGENDA REVIEW
Item M (reports of officers) was moved before Item L (report from the city manager).

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:

Item C.1 (existing litigation) a status report was given for the Alonzo Shelton matter and the council unanimously directed the city attorney to proceed with a settlement. Status reports were given for the Winehaven and Point Molate Alliance matters and no reportable actions were taken. The settlement of the Guidiville Rancheria matter was discussed and the council gave direction for the matter to be placed on a future agenda for public action.

Item C.2 (labor negotiations) status reports were given for all organizations and the council directed further negotiations. The items would be coming forward at a future meeting for public action.

Item C.3 (anticipated litigation-initiation) a status report was given and there was no reportable action taken.

Item C.4 (anticipated litigation-significant exposure) was not discussed.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following events for the month of October 2023: Virtual Public Art Technical Assistance Workshop via Zoom; Annual Fall Festival at Nicholl Park; Career Fair at the Richmond Memorial Auditorium; Author Book Reading of the "Skinny Woman in a Straw Hat" at the Annex Senior Center; Storytime Strolls at the Wildcat Regional Park; and the Floating Pumpkin Patch at the Richmond Plunge.
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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) Councilmember Willis reported that he attended a meeting with the 23rd Street Merchants Association and city staff on October 11, 2023, regarding negative activity such as shootings that happened. Councilmember Willis reported that he attended the Richmond Main Street Spirit & Soul Festival in Downtown Richmond on October 14, 2023.

Councilmember Bana reported on the National Fire Safety Week event at Richmond Fire Station No. 63. Councilmember Bana acknowledged Fire Chief Angel Montoya, Battalion Chief Anthony Woodards, the Richmond Youth Academy, all the organizations, and volunteers who participated in the event. Councilmember Bana reported that the Pinole Fire Department was presenting a proclamation to the West Contra Costa County Fire Safe Council.

Vice Mayor McLaughlin reported that she attended the Richmond Main Street Spirit & Soul Festival. Vice Mayor McLaughlin announced a Town Hall Meeting on homelessness was scheduled for October 21, 2023, at the El Sobrante United Methodist Church. Vice Mayor McLaughlin gave comments regarding the Israel-Hamas war and called for an immediate cease-fire and humanitarian aid. Vice Mayor McLaughlin urged the community to contact President Joe Biden, members of Congress and the Senate, and join rallies to speak out on the war.

Councilmember Zepeda acknowledged the various Fire Departments for extinguishing the fire on Steinmark Drive in Point Molate. Councilmember Zepeda announced that the Richmond Firefighters Local 188 was hosting a fundraiser by selling t-shirts to raise awareness of breast cancer. Councilmember Zepeda reported that he visited China with the mayor and others to celebrate the 30th year anniversary of the sister-city relationship.

Mayor Martinez gave comments regarding the accomplishments of Zhoushan, China, and his recent visit. Mayor Martinez reported there were discussions with the sister-city regarding the maritime industry and that included a tour of a maritime college. Mayor Martinez announced that there would be future discussions to potentially have a maritime college at Contra Costa College. Mayor Martinez reported there were also discussions with the sister-city regarding the offshore wind industry. Mayor Martinez commended the sister-city for its outstanding hospitality. Mayor Martinez gave closing remarks in support of peace, compassion, and humanitarian aid for the Israel-Hamas war.

N. REPORT FROM THE REIMAGINING TASK FORCE - 3rd Tuesday (public comment allowed under Open Forum)
Reimagining Public Safety Community Task Force Member Jamin Pursell reported on the following: the Safe Organized Spaces (SOS) organization was hosting fundraisers, community outreach, and providing services directly to unhoused residents; SOS was seeking to work with neighboring cities to establish a larger expansion of its work; and the task force had started conversations on establishing a board to oversee the city's Community Crisis Response Program.

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

Hakim Johnson announced that Chevron sponsored both the Main Street Spirit & Soul and the fire station open house events mentioned during the reports of officers. Mr.

Johson invited the council and community to the Richmond Chevron Refinery's Community Tour Day on October 28, 2023.

Genika Powell expressed concerns regarding homeless encampments near her home. Ms.

Powell reported that her daughter was attacked by an unhoused individual. Ms. Powell stated that her calls for police service did not address the issue or remove the individual.

Ms. Powell urged the council to show compassion and peace for the Richmond community.

Mark Wassberg gave comments regarding the Israel-Hamas war in comparison to past world wars. Mr. Wassberg expressed concerns regarding terrorism.

Rick Perez announced that California Governor Gavin Newsom signed a legislative bill disqualifying excited delirium. Mr. Perez advised that some other police jurisdictions were under watch; however, the community wanted to see indictments and charges filed.

Mr. Perez objected to how the city handled the police shooting case involving his son.

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

Ms. Perez advised that the advocacy of the Perez Family and other victims families had gained new legislative police reforms.

Elsa Stevens, Dorian Reiv, and Susan Singh gave comments against a proposed rent increase for the Heritage Senior Apartments in Richmond. Ms. Stevens expressed concerns that the increase would lead to homelessness and how the city would support the newly unhoused seniors. Ms. Stevens urged the council to keep the senior community housed. Ms. Reiv advised that the continuous rent increases were causing financial hardship.

Jamin Pursell thanked the council members who attended the Richmond Spirit & Soul Festival. Mr. Pursell also acknowledged the council for its support against hate speech.

Mr. Pursell suggested a single city calendar with all city events that was easier for the community to navigate and access.

James Foreman gave comments via teleconference to advise that he was homeless, his health was failing, and he had been unable to receive assistance. Mr. Foreman urged the council to provide better treatment for the unhoused community.

P. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Mayor Martinez
Seconded by Councilmember Willis
To approve all items on the Consent Calendar. Councilmember Robinson was recused from the vote on Item P.9.a due to a conflict of interest. 24 cc17Oct2023 – sl

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Ayes (5): Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Absent (2): Councilmember Bana and Councilmember Jimenez Passed (5 to 2)

P.1 City Attorney's Office
P.1.a First Amendment to the Legal Services Agreement with Jackson Lewis PC APPROVE the First Amendment to the Legal Services Agreement with employment law firm Jackson Lewis PC increasing the compensation by an amount not to exceed $75,000, for a total contract payment limit of $84,990, and extending the term one year to June 30, 2025 – City Attorney’s Office (Alan M. Cohen 510-620-6709).

P.1.b Legal Services Agreement with Nevers, Palazoo, Packard, Wildermuth & Wynner, PC.

APPROVE a legal services agreement (LSA) with Nevers, Palazoo, Packard, Wildermuth & Wynner, PC in an amount of $175,000, which is proposed to be funded from the $1.6 million LSA for City Attorney services, with a term from October 1, 2023, to June 30, 2025 – City Attorney’s Office (Dave Aleshire 510-620-6509).

P.2 City Clerk's Office
P.2.a City Council Meeting Minutes
APPROVE the minutes of the September 12, 2023, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

P.2.b Request for Leave of Absence for Councilmember Claudia Jimenez APPROVE a request by Councilmember Claudia Jimenez for a medical leave of absence from City Council Meetings during the period of October 4, 2023, through December 18, 2023 – City Clerk’s Office (Pamela Christian 510-620-6513).

P.3 City Council
P.3.a Proclaim September 16, 2023, retroactively, as Masha Amini Day Proclamation to proclaim (retroactively) September 16, 2023, as Masha Amini Day - Vice Mayor Gayle McLaughlin (510-620-6636) and Councilmember Soheila Bana (510-620-6743).

P.4 City Manager's Office
P.4.a Public Art Master Plan (PAMP) Review and Approval RECEIVE and APPROVE the Public Art Master Plan (PAMP) – Economic Development Department (Winifred Day 510-620-6952).

P.5 Finance Department
P.5.a Investment and Cash Balance Report for the Month of August 2023 RECEIVE the City’s Investment and Cash Balance Report for the month of August 2023 – Finance Department (Andrea Miller 510-620-6740). 25 cc17Oct2023 – sl

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P.5.b Amendment of Authorized Signatures on the Local Agency Investment Fund
ADOPT a resolution revising the authorization list on the Local Agency Investment Fund (LAIF) account to reflect the current staff assignments in the Finance Department – Finance Department (Andrea Miller 510-620- 6740).

Adopted Resolution No. 102-23
P.5.c Annual Review and Adoption of the Resolutions to approve the Financial Policies (Debt, Investment, and Pension Funding policies) REVIEW the City’s Debt, Pension Funding, and Investment policies; and ADOPT resolutions to approve the updated policies – Finance Department (Andrea Miller 510-620-6790/ Mubeen Qader 510-412-2077). This item was continued from the October 3, 2023, meeting.

Adopted Resolution Nos. 103-23, 104-23, and 105-23
P.5.d 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 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 – Finance Department (Antonio Banuelos 510-620- 6741/ Ofelia Alvarez 510-620-6699). This item was continued from the October 3, 2023, meeting.

Adopted Resolution No. 106-23
P.5.e State Auditor’s Recommendations Corrective Action Plan November 2023 Update
RECEIVE a report regarding the City’s Corrective Action Plan update to State Audit No. 2021-806 – Finance Department (Andrea Miller 510-620- 6790/Mubeen Qader 510-412-2077).

P.6 Human Resources
P.6.a Resolution Approving Tentative Agreements with Richmond Police Management Association
ADOPT a resolution approving the Tentative Agreements between the City of Richmond and the Richmond Police Management Association to establish a new Memorandum of Understanding (MOU) for the term of January 1, 2023, through December 31, 2025; and DIRECT the city manager or her designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/ Dave Aleshire 510-620-6602).

Adopted Resolution No. 107-23
P.6.b Resolution Approving Tentative Agreements with Richmond Fire Management Association
ADOPT a resolution approving the Tentative Agreements between the City of Richmond and the Richmond Fire Management Association for the 26 cc17Oct2023 – sl

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establishment of a new Memorandum of Understanding for the term of July 1, 2022, through June 30, 2025; and DIRECT the city manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/ Dave Aleshire 510-620-6602).

Adopted Resolution No. 108-23
P.6.c Resolution to Approve Salary Schedules in Accordance with California Code of Regulations 570.5(a) (2 CCR § 570.5)
ADOPT a resolution amending the salary schedules for all unions to comply with California Code of Regulations, Subchapter 1, Employees’ Retirement System Regulations section 570.5 (a) (2 CCR § 570.5) as required by CalPERS – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 109-23
P.6.d Amend Staffing (Position Control) and the Salary Schedule, and Appropriate Funds as Required
ADOPT a resolution amending staffing (position control) for the Department of Children and Youth, Grants Division, Engineering, Parks Division, and Police Department; and APPROPRIATE associated salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).

Adopted Resolution No. 110-23
P.7 Library and Community Services
P.7.a Contract with Bay Area Tutoring Association for Homework Help Services
APPROVE a contract with the Bay Area Tutoring Association for homework help services for an amount not to exceed $200,000, for a term beginning October 17, 2023, and ending June 30, 2024 – Community Services Department (Kate Eppler 510-620-5452/Christopher Larsen 510- 620-5524).

P.7.b Lease Agreement Between the City and the YWCA of Contra Costa County for Use of Space at the Richmond Recreation Complex APPROVE a lease agreement between the City of Richmond and the YWCA of Contra Costa County for the use of space for a day care program at the west wing of the Richmond Recreation Complex at 3230 Macdonald Avenue, with a lease term from October 1, 2023, through September 30, 2024, and a lease rate of $2,700 per month – Community Services Department (LaShonda White 510-620-6828 / Ranjana Maharaj 510-620-6972).

P.7.c Approval to Receive Grant Award from the Chevron Community Engagement Foundation
ADOPT a resolution to ACCEPT and APPROPRIATE a grant award from the Chevron Community Engagement Foundation in the amount of $35,000 for the Office of Neighborhood Safety Operation Peacemaker 27 cc17Oct2023 – sl

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Fellowship program – Community Services Department (LaShonda White 510-620-6828/Sam Vaughn 510-620-6512).

Adopted Resolution No. 111-23
P.7.d Resolution to Accept and Appropriate California State Transportation Agency Funds
ADOPT a resolution authorizing the city manager or their designee to enter a master funding agreement with the California State Transportation Agency and fulfill all related grant requirements; ACCEPT and APPROPRIATE $3,117,500 in grant funds awarded by the Transit and Intercity Rail Capital Program; AUTHORIZE and APPROPRIATE a grant match in the amount of $3,117,500 from the Environmental and Community Investment Agreement (ECIA) transportation budget; and APPROVE a sole-source fourth contract amendment with Nomad Transit, LLC (Via) to increase the contract limit by $6,235,000, for a new total contract limit not to exceed $8,335,731, and extend the term through July 7, 2027 – Community Services Department (LaShonda White 510-620- 6828/ Denée Evans 510-621-1718).

Adopted Resolution No. 112-23
P.8 Mayor's Office
P.8.a Appointment to Reimagine Public Safety Community Safety Task Force APPROVE the appointment of Michael Gliksohn to the Reimagine Public Safety Community Safety Task Force - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

P.8.b November 1st as Extra Mile Day in the City of Richmond PROCLAMATION recognizing November 1st as Extra Mile Day in the City of Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

P.9 Public Works
P.9.a Sole-Source Contract with The Watershed Project for the Flood Risk Reduction in the Rheem Creek Watershed Project
APPROVE a sole-source professional services contract with The Watershed Project in an amount not to exceed $364,183 to support the City in implementing the tasks for the grant-funded Flood Risk Reduction in the Rheem Creek Watershed Project, for a term beginning August 1, 2023, through November 15, 2026 – Public Works Department (Daniel Chavarria/Wendy Wellbrock 510-307-8108).

Absent (3): Councilmember Bana, Councilmember Jimenez, and Councilmember Robinson
Adopted Resolution No. 112-23(A)
Councilmember Robinson was recused from the vote on this matter.

P.9.b Contract with Noll & Tam Architects for Architectural Design Services for the Revitalization of the Historic Richmond Main Library Project.

APPROVE a contract in the amount of $2,987,156, and any amendments, if necessary, for up to a 10 percent contingency in the amount of $298,716, with Noll & Tam Architects for architectural design services for the 28 cc17Oct2023 – sl

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seismic retrofit and Revitalization of the Historic Richmond Main Library located at 325 Civic Center Plaza in Richmond, with a term from October 17, 2023, through June 30, 2027; and ADOPT a resolution awarding a contract to Noll & Tam Architects and authorizing the city manager or designee to execute the contract and any related documents – Public Works Department/Community Services Department (Daniel Chavarria 510-620-6639/ LaShonda White 510-620-6828).

Adopted Resolution No. 113-23
Q. BUDGET SESSION
Q.1 State Audit Corrective Action Plan, OPEB Funding Analysis, GovInvest RECEIVE a presentation from GovInvest on a comprehensive analysis regarding the approved funding policy impact on the Other Post-Employment Benefits (OPEB) Unfunded Actuarial Accrued Liability (UAAL) – Finance Department (Nickie Mastay 510-620-6609/ Mubeen Qader 510-412-2077).

Deputy Director of Finance Mubeen Qader introduced the matter. Senior Consultant Ira Summer of GovInvest presented a PowerPoint that highlighted the following: background; current funding projections; and additional contributions.

Discussion ensued. The council requested staff to provide what-if scenarios with potential strategies, including if a future council rescinded the current policy.

R. NEW BUSINESS
R.1 Presentation from the Bay Area Metro Group on Local Government Services - Metropolitan Transportation Commission and the Association of Bay Area Government.

RECEIVE a presentation from Bay Area Metro Group on Local Governments Services through Metropolitan Transportation Commission (MTC) and the Association of Bay Area Government (ABAG) - Councilmember Soheila Bana (510-672-3490). This item was continued from the September 19, 2023, meeting.

Continued to a future meeting to be determined.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 8:21 p.m., to meet again on October 24, 2023, at 6:30 p.m.

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

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RICHMOND, CALIFORNIA, October 24, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:32 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Mayor Gayle McLaughlin, and Mayor Eduardo Martinez. Absent: Councilmember Claudia Jimenez was absent for the entire meeting.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One Case
C.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 222 Marina Way (Nystrom Village)
Agency Negotiators: Nannette Beacham, Gabino Arredondo, Susan Bloch Negotiating Parties: McCormack Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RNHS)
Under negotiation: Price and terms of payment

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

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:35 p.m. Closed Session adjourned at 6:42 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:48 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, Robinson, Willis, Zepeda, Vice Mayor McLaughlin, and Mayor Martinez. Absent: Councilmember Jimenez was absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Items L (city manager's report), M (reports of officers), N (police chief report), Q.1 (budget session), and R.2 (itemized budget for public emergency) were continued to the November 7, 2023, City Council meeting.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
Item C.1 (anticipated litigation, significant exposure) a status report was given and no reportable action was taken.

Item C.2 (labor negotiations) no report was given nor was any action aken.

Item C.3 (anticipated litigation, initiation) a status report was given and the matter was continued to the November 7, 2023, City Council Closed Session agenda. No reportable action was taken.

Item C.4 (real property negotiation) a status report was given and the council gave direction for further negotiations.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
Continued to the November 7, 2023, City Council meeting.

N. CRIME REPORT FROM POLICE CHIEF - 4th Tuesday (public comment allowed under Open Forum)
Continued to the November 7, 2023, City Council meeting. 31 cc24Oct2023 – sl

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

Don Gosney gave comments regarding district elections and the role of the council in serving all of the people in Richmond. Mr. Gosney suggested the council speak under the open forum regarding matters that were of their personal beliefs. Mr. Gosney recommended the council reach out further from their core group of supporters to hear disagreements and learn viewpoints.

Antoinette Siguenza stated that she served as the local government liaison for the California Public Utility Commission (CPUC) External Affairs Division for Contra Costa County. Ms. Siguenza gave an overview of the CPUC's commitment, investments, and objectives for a clean and safe utility infrastructure. Ms. Siguenza urged the city to contact her with any questions or concerns at (628) 249-6467.

Mark Wassberg recited verses from the bible regarding the formation of the nation of Israel.

Marcus Faumui and Donnie Rath expressed concerns regarding excessive overtime within the Richmond Fire Department. Mr. Faumui urged the council to make a change in leadership for the Fire Department. Mr. Rath shared how the excessive work hours were unsafe for fire personnel and severely impacted their families.

Courtney Cummings invited the community to the 13th Annual Richmond Contest Pow Wow event on November 11, 2023, at the Veterans Memorial Hall. Ms. Cummings acknowledged the sponsors.

Jamin Pursell gave comments in support of Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) History Month and its origin.

The following individuals gave comments via teleconference:

Mike Velazquez, Kyle Mallinger, and Frank Marin gave comments against the city's leadership, fire chief, and working conditions within the Fire Department. Mr. Mallinger expressed concerns regarding how mandatory overtime was negatively impacting his family life, in addition to the staffing crisis and ineffective leadership. Mr. Marin expressed concerns for the fire personnel's mental and physical health and urged the council to finalize a union side letter to address the mandatory overtime issue.

Philip Rosenthal urged the council to find out where the council meeting's public speakers lived, and if they represented the people of Richmond or were bussed in for political purposes. Mr. Rosenthal expressed concerns that the city's crime and city manager reports were postponed due to international affairs. Mr. Rosenthal suggested that the city's staff time and funds should be spent on city services. Mr. Rosenthal recommended that the councilmembers who wanted to participate in the world's politics, step down and work in international politics.

Yenny Garcia invited the community to the 23rd Street Community Clean-Up Day scheduled for October 26 and the Halloween Trick or Treating event on October 31, 2023. Ms. Garcia advised that volunteers were needed and to contact her if interested.

Carol Johnson expressed concerns that city business was being ignored. Ms. Johnson urged the council to visit the Richmond Bay Area Rescue Mission to see the number of unhoused individuals living on the street. Ms. Johnson advised that mentally ill 32 cc24Oct2023 – sl

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unhoused individuals were unable to receive services from the local shelters. Ms.

Johnson requested the council to focus more on city business instead of international affairs.

Holli Thier, Tarnel Abbott, and Jonathan advised that members of the public were not allowed inside the Council Chamber to give public comment in person because the maximum capacity was reached. Ms. Thier recommended that Item R.1 (Richmond's support and solidarity with the Palestinians of Gaza) be continued to a future agenda when a larger meeting venue was available. Jonathan recommended the council allow members of the public to enter the Council Chamber to speak one by one, in compliance with the fire marshal.

George Cleveland reported human trafficking in Richmond's North and East residential neighborhood on 24th Street between McBryde and Lincoln Avenues. Mr. Cleveland suggested that the inappropriate activity needed more focus and funding to resolve.

P. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. These 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 Willis
Seconded by Councilmember Robinson
To approve all items on the Consent Calendar.

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

P.1 City Clerk's Office
P.1.a Cancellation of November 21, 2023, Regular City Council Meeting APPROVE the cancellation of the November 21, 2023, Regular City Council meeting - City Clerk’s Office (Pamela Christian 510-620-6513).

P.2 City Council
P.2.a Establishing a World Class Arts Corridor in Richmond DIRECT staff to issue a Request for Proposals (RFP) before the end of the calendar year to consider establishing an Arts District, which includes outreach to businesses, residents, and stakeholders to build community - Councilmembers Claudia Jimenez (510-620-6565), Melvin Willis (510- 412-2050), and Cesar Zepeda (510-620-6593).

P.3 Human Resources
P.3.a Resolutions Adopting the City of Richmond Salary Schedule and Position Control
ADOPT a resolution amending the City’s salary schedule to implement agreed upon changes from the classification and compensation study; and ADOPT a resolution with corresponding necessary modifications to 33 cc24Oct2023 – sl

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position control – Human Resources Department (Sharrone Taylor/Nickie Mastay 510-620-6803).

Adopted Resolution Nos. 114-23 and 115-23
P.3.b Resolution to Approve Salary Schedules in Accordance with California Code of Regulations 570.5(a) (2 CCR § 570.5)
ADOPT a resolution amending the salary schedules for all unions to comply with California Code of Regulations, Subchapter 1, Employees’ Retirement System Regulations section 570.5 (a) (2 CCR § 570.5) for the inclusion of the Richmond Police Management Association salary increase effective January 1, 2023 (13.5%) and Richmond Fire Management Association salary increases that were effective January 1, 2023 (2%) and July 1, 2023 (2%) as required by CalPERS – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 116-23
P.3.c Appropriation of funds for the Fire Department Wellness Program APPROVE an appropriation of funds in the amount of $44,000 for Fiscal Year (FY) 2023-24, $48,000 for FY 2024-25, and $50,000 for FY 2025- 26, for a total amount not to exceed $142,000 over the next three fiscal years, to establish a Fire Department Wellness Program – Human Resources Department (Nickie Mastay/Sharrone Taylor/Amy Aaronson 510-620-6602).

P.4 Public Works
P.4.a Contract with Northwest Demolition, Inc. for the Construction of the Santa Rita Road Stabilization Project
ADOPT a resolution authorizing the execution of a construction contract in accordance with the approved plans and specifications with Northwest Demolition, Inc. for the Santa Rita Road Stabilization Project in an amount not to exceed $715,500; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for a total twenty percent (20%) contingency amount up to $143,100 – Public Works Department (Daniel Chavarria 510-620-5478/ Ken Cheng 510-621-1612).

Resolution No. 117-23
Q. BUDGET SESSION
Q.1 FY 2022-23 Q4 Financial Report and Administrative Budget Adjustments RECEIVE the Fiscal Year 2022-23 Quarter 4 (Q4) report for the period of July 1, 2022, through June 30, 2023; APPROVE proposed administrative year-end budget adjustments; and PROVIDE DIRECTION to staff regarding Estimated Unspent Funds - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).

Continued to the November 7, 2023, City Council meeting.

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R. STUDY AND ACTION SESSION
R.1 Resolution Affirming Richmond's Support and Solidarity with the Palestinian People of Gaza
APPROVE a Resolution affirming Richmond's solidarity with the Palestinian people in Gaza - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503) and Vice Mayor Gayle McLaughlin (510-620-6636).

Mayor Martinez introduced the matter and called for a moment of silence. (At 7:37 p.m., the council adjourned for a recess to restore order in the Council Chamber. The council reconvened at 7:41 p.m.) Vice Mayor McLaughlin read into the record the following amendments added to the proposed resolution:
" WHEREAS, 1,400 Israelis have been killed by Hamas on October 7th and nearly 6,000 Palestinians have been killed by the state of Israel in this escalated conflict; and"
" WHEREAS, we mourn the loss of all civilian lives lost on both sides from October 7th to the present and also throughout the decades of displacement, occupation, oppression and blockade endured in Gaza and the West Bank" ; " BE IT FURTHER RESOLVED that the City of Richmond calls for an immediate humanitarian ceasefire and the safe passage of substantial humanitarian aid to Gaza; and"
" BE IT FURTHER RESOLVED that the City of Richmond calls for the immediate release of all Israeli hostages taken by Hamas; and"
" BE IT FURTHER RESOLVED that the City of Richmond calls for an end to Israeli apartheid and the occupation and blockade of Palestinian land by Israeli military forces; and"
" BE IT FURTHER RESOLVED that the City of Richmond opposes all existing and any future military aid to Israel; and"
The following individuals gave comments in person: Don Gosney, Payman Amiri, Salahe Bakri, Balih Bakri, Lugman E., Mark Wassberg, Bader B., Jeff Ritterman, and Ed Ramano. (At 8:18 p.m., the council adjourned for a recess to allow members who had spoken in person to move out to the overflow area in the Richmond Memorial Auditorium and allow members of the public in the overflow area to enter the Council Chamber and speak in person. The council reconvened at 8:28 p.m.) The following individuals proceeded to give comments in person: Stan Woods, Juan Canman, Emil McDonald, Dhaifallah Mo, Fayza Ayyad, Reza Yazdi, Lucinda Casson, Jane Bragen, Cantor Brian, Dorothyen Dorenz, Lily Saefong, Faith Meltzer, Clio Soiffer, Morgan Condon, Theresa Russell, Susan Dewitt, Beth Zeitman, Ayesha Aabasi, Keala Uhoa, Khalid Almajjaji, Katherine Lee, Isa Flores-Jones, Elizabeth Ibarra, Alfredo A., Katt, Arnon Oren, Shawn Dunning, Paul Larudee, Luke Pickrell, Deliah Stern, Benny Zanh, Marilyn Langlois, Lucero Rios, Yousef Ayyad, Yitzchok Wagner, Askia Abdullah, Bachir Hadid, Alex Hanna, Izzy Homran, Shabana Shahboz, Dan M., Jamin Pursell, Oren Levy, Tawfic Halaby, Naomi Smoller, Matthew Lewis, Adel Somaha, Elinor Nahmani, Nour Eidy, Karen Duran, Shaun Kozolchyk, Idan Bearman, Lee Goodman-Gorgliano, Debbie Bayer, Nadia Barhoum, David Reinertson, Jessica Mitchell, Jonathan Mitzer, Holli Thier, Yumi Kabayashi, Rebecca Goodman, Jaime Perez, Tarnel Abbott, Amelah El Amin, Hamza Abid, Christina, Michael Tal, Matthew B., Ismail Imran, Raye Kahn, Marisol Cantu, 35 cc24Oct2023 – sl

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Sara Cantor, Emily Ross, Yusuf Adam, Gus, Najari Smith, Ashanti Curry, Ly, Mark Khmelnitskiy, Aisha Chabane, Nadya Tanng, and Samir Shrestha.

The following individuals gave comments via teleconference: Sameena Usman, Musa Tariq, Oscar Garcia, Jamilah, David, Shoshana Wechler, Ahmed, Tarek Aris, Sonia Bustamante, G.M., Dejenya Kafele, Karen Franklin, Ralikhan, Lara Kiswani, Cheryl Davila, Sharon, Safaa, Syed Qadri, Alicia Polak, Paula Lavine, Nuzhat, Maria Galbo, Bissan Abusharar, orlyg0427, Hope Dixon, Level 2A, Aliza Kazmi, Jpolston, Alfa, Arial, Judy Weatherly, Rachel Kertz, Jorge Palacios, Dana Viloria, and Free Palestine. (At 10:59 p.m., a motion made by Councilmember Willis, seconded by Councilmember Bana, to extend the meeting until 11:30 p.m., passed by the unanimous vote of the City Council). The following individuals resumed giving comments via teleconference: Bill, Isaac Resendz, Eileen Lee, Eric P.W., Ella P., Mohamed Shehk, Guilia Fowler, Dena, Michael Nye, Sonya Rifkin, Sophia Sobko, Leisa Johnson, Eunice, Tourmaline, Chris Tarrant, Pathma V ., Bex, Pamela Fields, Robert Mandel, Kim Freedman, Zeid, and Walla, Alexis. (At 11:28 p.m., a motion made by Councilmember Willis, seconded by Councilmember Bana, to suspend the rules and extend the meeting until the end of Item R.1, passed by the unanimous vote of the City Council).

The following individuals resumed giving public comment via teleconference:

Sara Abu-Lebdeh, Kerry Hillis, Abby B., Mya, Hilliary Kliminik, Mujeeb Rahmani, Aya A., David Kafton, Oppressed V oice, Himadri, Sado, Aishah, Tola Asuni, George Lipman, Bita, Daniel, V .G., Ahmad, Elana Auerbach, Farid Khalafalla, Amina, U, Jena, Prophet Sereah, Nida Khalil, Sabrina E., Shaimaa Wahba, Scott, Mivrette Judeh, Lisa Malul, Isabel, Ana Tellez, Abdul, Jonah Gottlieb, Wassim Hage, Afshan Jlani, Donia, Hajer, Cindy Yob, Danielle, Gheesa, Iman Farajallah, George Cleveland, Tatiana Kerzhner, Nishat, Ali Kalaaf, and Lu.

Discussion ensued.

Motion by Vice Mayor McLaughlin
Seconded by Councilmember Robinson
To adopt a resolution affirming Richmond's support and solidarity with the Palestinian people of Gaza along with the amendments as stated.

A friendly amendment made by Councilmember Zepeda to add to the title of the resolution, "and condemning the killings, kidnappings, and torture of all innocent civilians in Israel and Gaza" and "condemn Hamas for the killings on October 7, 2023", was not accepted.

The main motion passed by the following vote:

Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Willis, Vice Mayor McLaughlin, and Mayor Martinez
Noes (1): Councilmember Zepeda
Absent (1): Councilmember Jimenez
Passed (5 to 2)
Adopted Resolution No. 118-23

36 cc24Oct2023 – sl

Page 8 of 8 ends

R.2 Itemize Budget for Public Emergency Preparedness for Public Disasters- Earthquake and Wildfire
RECEIVE a presentation from Councilmember Bana; and PROVIDE DIRECTION to City staff to develop a funding plan of $1.09 million for wildfire and earthquake safety in November 2023, and return with an additional proposal for appropriations during Mid-Year Fiscal Year 2023-24 – Councilmembers Soheila Bana (510-779-7280) and Cesar Zepeda (510-620-6593).

Continued to the November 7, 2023, City Council meeting.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 1:07 a.m., in memory of all the lives that had been lost, to meet again on November 7, 2023, at 6:30 p.m.

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

37 1

RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES

November 14, 2023, 4:00 p.m.

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

_____________________________________________________________________

A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL The Special Meeting of the Richmond City Council was called to order at 4:05 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Absent: Councilmember Claudia Jimenez.

C. AGENDA REVIEW
Facilitator Henry Gardner reviewed how the City Council came up with the idea to discuss its current rules and procedures.

The agenda continued as follows:

Review of the Rules of Procedures.

Effective Communication - Intra and Inter-Working relationship between City Council and staff (Management Leadership Team)
Public Comment
Next Steps and Final Comments

D. CITY COUNCIL GOALS
D.1 City Council Rules of Procedure and Order and Effective Communication DISCUSS and CONSIDER modifications to the City Council Rules of Procedure and Order as well as enhanced protocols for effective communication and collective efficacy between City Council and City Staff – City Manager’s Office (Shasa Curl 510-620-6512).

Henry Gardner asked the councilmembers what they expected to accomplish from the meeting.

Councilmembers gave the following answers: a basic understanding for the need of better communication, responsibility, and relationship building (issue with response from department head), procedure to change the Council Rules and Procedures, learn the timing of placing items on the agenda and review, Brown Act, blind copy associated with the Brown Act, effective ways to communicate, self-reflection to look at relationships, and staffing levels as it related to items that may be overlooked and not accomplished.
38 2
Henry Gardner read some of the Council Rules and Procedures questions and feedback he received from the City Council and staff.

Some suggestions included: add time to each agenda item, change the five- minute rule for councilmembers to speak on an item; councilmembers should stick to questions that would be a deal breaker and be considerate of the public's time, consider placing a maximum of two items on the agenda for discussion, and to allow councilmembers to pull items from the Consent Calendar on the spot.

Discussion continued with the following suggestions from the City Council to add to the Council Rules and Procedures: announce who pulled an item from the Consent Calendar and why; add that there should be no individual contact between councilmembers and union members during negotiations; receive activity reports from police and fire departments; ad-hoc committees should be shared equally among councilmembers; follow and enforce rules (before negotiations, establish ground rules during closed session, based on trying to be thoughtful of how to negotiate the best on both sides); time, place ,and clarity on ground rules; before negotiations, councilmembers may speak with any person they want; establish rule regarding speaking with constituents that work for the City of Richmond; clarity on use of devices during council meetings; and update language - (delete pager, add email policy - example bcc; updating technology.

NEXT STEPS -

1. The city manager, city Clerk, and city attorney will review the Council Rules and Procedures and prepare recommendations for changes based on suggestions from the City Council, updates needed, etc. and share the document as early as possible with the City Council prior to the item being brought forward for approval by the full City Council.

2. What does the City Council need from staff to be effective?

3. What does staff need from the City Council to be effective? E. PUBLIC COMMENT
Alix Mazuet and Yvette Williams gave comments regarding traffic issues in the Belding Woods neighborhood stating that there was dysfunction in the infrastructure, two 4-way stop signs are needed, speeding issues across 13th Street overpass, and people were parking on the sidewalks.

Julia Keen, Elsa Stevens, and Dorian Reid - regarding 5% rent increase for Heritage Park residents
F. ADJOURNMENT
There being no further business, the meeting adjourned at 7:22 p.m. to meet again at 6:30 p.m. on Tuesday, November 28, 2023.

Clerk of the City of Richmond Mayor

Page 1 of 2 ends

December 5, 2023

City Council

DATE: December 5, 2023
TO: Members of the City Council
FROM:

Councilmember Zepeda and Mayor Martinez
Subject: World AIDS Day
FINANCIAL IMPACT: There is no fiscal impact related to this item.

PREVIOUS COUNCIL
ACTION:

The City of Richmond continues to recognize World AIDS
Day as in years past.

STATEMENT OF THE
ISSUE:

World AIDS Day is a global movement to unite people in
the fight against HIV and AIDS. Since 1988, communities have stood together on World AIDS Day to show strength
and solidarity against HIV stigma and to remember lives lost. It is recognized and celebrated annually on
December 1st.

RECOMMENDED ACTION:

PROCLAMATION recognizing World AIDS Day, to honor
the 700,000 Americans and 40 million lives lost
worldwide to AIDS-related illnesses over the years –
Councilmember Cesar Zepeda (510-620-6593) and
Mayor Eduardo Martinez (510-620-6503).

DISCUSSION:

The City of Richmond recognizes this annual event as it serves as a reminder of the global struggle to end HIV-related stigma, an opportunity to honor those we have lost, and a rallying cry to commit to working toward a day when HIV is no longer a public health threat.

AGENDA
REPORT
40

Page 2 of 2 ends

December 5, 2023

The first World AIDS Day took place in 1988, providing a platform to raise awareness about HIV and AIDS and honor the lives affected by the epidemic. This year marks the 35th commemoration of this important day. Over the past 35 years, there has been significant progress in addressing HIV and AIDS thanks to advancements in medical research, increased access to treatment and prevention, and a broader understanding of the virus. This year’s theme for World AIDS Day is “World AIDS Day 35: Remember and Commit.”

Wearing a red ribbon is the universal symbol of awareness and support for people living with HIV. It was first devised in 1991, when twelve artists met to discuss a new project for Visual AIDS, a New York HIV-awareness arts organization.

It was there that they came up with what would become one of the most recognized symbols of the decade: the red ribbon, worn to signify awareness and support for people living with HIV. The artists wanted to create a visual expression of compassion for people living with HIV and chose red for its boldness, and for its symbolic associations with passion, the heart and love.

We recommit to ending the HIV epidemic in the United States and in our beloved city and rededicate ourselves to fighting the discrimination that often keeps people with HIV from getting the services they need and living the full lives they deserve.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
41 Whereas on World AIDS Day, we recommit to ending the HIV epidemic in the United States and in our beloved city and rededicate ourselves to fighting the discrimination that often times keeps people with HIV from getting the services they need and living the full lives they deserve.

Whereas thanks to the incredible dedication of scientists, activists, health care workers, caregivers, and so many others, we have made enormous progress in preventing, detecting, and treating HIV; reducing case counts and AIDS-related deaths; and freeing millions of people to enjoy their long, and healthy lives.

Whereas we still have a hard road ahead of us, especially in addressing racial and gender gaps in our health systems, which have had long driven inequitable HIV outcomes in our country and abroad.

Whereas but as of today we honor the 700,000 Americans and 40 million lives lost worldwide to AIDS-related illnesses over the years, while still having new hope in our hearts. We finally have the scientific understanding, treatments, and tools to build an AIDS-free future where everyone — no matter who they are, where they come from, or whom they love — can get the care and respect they deserve.

Now, BE IT RESOLVED, on November 28th, 2023, the City of Richmond recognizes December 1st as World AIDS Day. The City of Richmond is committed to continuously advocating for the safety and support of all of our residents affected as well as their loved ones.

Proclamation by the City of Richmond
Recognizing December 1st as World AIDS Day
Mayor Eduardo Martinez
City of Richmond
December 5th, 2023
Therefore

Councilmember Cesar Zepeda
District 2, City of Richmond
Dec 5th, 2023
Cesar Zepeda

Page 1 of 4 ends

December 5, 2023

City Manager's Office

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

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

Fiscal Year 2023-24 Category 3 ECIA Grant Award
Recommendations ($44,000)
FINANCIAL IMPACT: The Environmental Community Investment Agreement (ECIA) provides $80 million in revenue to Richmond over a 10-year period. A total of $6 million was allocated for the ECIA Competitive Grant Program.

For the Fiscal Year 2023-24 grant cycle, $325,000 is
currently allocated for Categories 1 through 4, with
$50,000 allocated for Category 3 City Council-Approved
grant awards (11771018 400201 2A111).

PREVIOUS COUNCIL
ACTION:

June 20, 2023
December 20, 2022

STATEMENT OF THE
ISSUE:

Under the direction of the City Council, City staff
continued to utilize four grant funding categories for the Fiscal Year (FY) 2023-24 Environmental Community
Investment Agreement (ECIA) grant program to provide
opportunities for a wider breadth of organizations, of
varied capacities, to access grant funds. The City Council appointed an ECIA Grant Review Ad Hoc committee
consisting of Councilmembers Soheila Bana, Melvin
Willis, and Cesar Zepeda, to work with City staff to
AGENDA
REPORT
43

Page 2 of 4 ends

December 5, 2023
provide a recommendation to City Council on awarding
FY 2023-24 ECIA grant funds through the City Council-
Approved Awards category (Category 3) to non-profit
organizations that applied through the ECIA grant
application process.

RECOMMENDED ACTION:

APPROVE a recommendation from the City Council
ECIA Grant Review Ad Hoc Committee to award $44,000
in Fiscal Year 2023-24 Environmental Community
Investment Agreement (ECIA) Grant funds (Category 3 -
City Council-Approved Award) to seven (7) Richmond-
serving non-profit organizations; ADOPT a resolution;
and AUTHORIZE the city manager to negotiate and
execute Grant Service Agreements with approved
grantees – City Manager’s Office (LaShonda White 510-
620-6828/Patrick Seals 510-307-8016).

DISCUSSION:

Background

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

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

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

City Council Ad Hoc Committee Recommendations

On August 10, 2023, City staff met with the Ad Hoc Committee to deliberate over the selection of eligible organizations for Category 3 funding. The Committee put forth recommendations regarding which organizations should receive funding, subject to City 44

Page 3 of 4 ends

December 5, 2023
Council's review and approval. The pool of eligible organizations was comprised of 32 entities that submitted completed applications for the ECIA grant but were not awarded funding in Categories 1 and 2 (see Attachment 1). Notably, a total of 42 eligible organizations submitted grant applications for Categories 1 and 2, with ten (10) of them receiving funding during the City Council meeting held on June 20, 2023.

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

Various factors were considered when making funding recommendations, including:

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

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

FY 2023-24 Category 3 Recommendations – City Council Approved Awards Organization Name Project Titles Requested
Amount
Ad Hoc
Committee
Recommendation
Collaborising Black Homeless Support $ 50,000 $ 10,000
Keyz to the Future Leadership
Development $ 47,350 $ 5,000
Meals on Wheels Keeping Connected $ 9,000 $ 9,000
Oshiana Unique
Thompkins Foundation
R.O.M. Coders and
Gamers $ 30,000 $ 5,000
Richmond Museum of
History and Culture
Experiencing Historic
Richmond $ 36,700 $ 5,000
Richmond
Neighborhood
Housing Services
The Financial
Empowerment Program $ 50,000 $ 5,000
West County Reads
WCR Classroom Library
Project and Book
Distribution for Local
Events
$ 35,535 $ 5,000
TOTAL $ 258,585 $44,000
45

Page 4 of 4 ends

December 5, 2023
Next Steps

Upon approval of the grant award recommendations by City Council, City staff will enter into grant agreements with grantees, with proposed end dates of June 30, 2024. City staff will manage the contract processes which will include, entering into contracts with grantees, contract administration, serving as a point of contact for all grantees, conducting site visits, and reviewing and approving progress reports and invoices.

DOCUMENTS ATTACHED:

Attachment 1 – List of organizations that were reviewed and scored by the ECIA Grant Review Committee but not approved for funding
Attachment 2 – Resolution authorizing the City Manager to enter into Grant Service Agreements with the FY 2023-2024 ECIA Category 3 Grant Awardees 46 1

RESOLUTION NO._________________

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE GRANT

SERVICE AGREEMENTS WITH NONPROFIT ORGANIZATIONS THAT RECEIVED

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

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

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

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

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

WHEREAS, $325,000 is allocated for FY 2023-2024 for grant awar ds within four (4) grant categories; and

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

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

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

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

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

WHEREAS, after review by City staff for completeness, forty-two (42) applications were forwarded for review and scoring by the Council-appointed ECIA Grant Review Committee; and

WHEREAS, the ECIA Grant Review Committee recommended to City Council that grants be 47 2

awarded to ten (10) organizations in Category 1 and 2, for a total award amount not to exceed $325,000; and

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

WHEREAS, after review b y Cit y staff fo r completeness, thirty -two (32) applications were forwarded for review and scoring to the Council-appointed ECIA Council Ad-Hoc Committee; and

WHEREAS, the ECIA Council Ad Hoc Committee recommended to City Council that grants be awarded to the following seven (7) organizations, for a total award amount not to exceed $44,000; and

Category 3
(990N and 990 Organizations)
Organization
Recommended
Award Amount
Collaborising $ 10,000
Keyz to the Future $ 5,000
Meals on Wheels $ 9,000
Oshiana Unique Thompkins Foundation $ 5,000
Richmond Museum of History and Culture $ 5,000
Richmond Neighborhood Housing Services $ 5,000
West County Reads $ 5,000
TOTAL $ 44,000

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

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

BE IT FURTHER RESOLVED, that the Council of the City of Richmond authorizes City staff to negotiate and enter into grant service agreements with the seven (7) recipient organizations and to provide oversight to assure that deliverables are met and that activities and expenses are consistent with the intent of each agreement.

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

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

48 3

AYES:

NOES:

ABSTENTIONS:

ABSENT:

______________________________
Clerk of the City of Richmond
Approved:

_______________________________________
Mayor

Approved as to form:

________________________________________
City Attorney
49 Rank Organization Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
1 Washington Elementary PTA
Our program serves the Washington Elementary (PreK‐6th) student population by creating sustainable, edible gardens on school property that expand studentsâ€™ nutritional options, provide more green spaces and enrich school science curricula. $ 20,000 $ 20,000 108.00
2 Things That Creep Things That Creep will offer the Neighborhood Reptiles program, a hands‐on education experience combined with a science curriculum. This free program will serve 500 4th and 5th grade students in Richmond public schools including Olinda Elementary and Coronado Elementary.
$ 50,000 $ 50,000 100.67
3Y o u t h Empowerment through Entrepreneurship
Steps 2 Success project is designed to provide youth in Richmond with tools for Success.

Three organizations will collaborate to provide youth with essential life skills while also providing tutoring and teaching goal setting, financial literacy, leadership development, and entrepreneurship.
$ 45,300   $ 18,500 97.00
4M e n and Women of Valor
Bring an awareness of the physical, mental, and social damage to the individual brought about by oneâ€™s past actions.  We have lost our ability to function humanly due to homelessness and addictions.  Specific techniques will be practiced, and the goals are for the clients to gain a since of self.
$ 50,000   $ 18,200 94.00
5O s h i a n a Unique Thompkins Foundation
The Reach O.U.T Mode is creating an avenue for youth ages 10‐18 (focus: Richmond) to learn coding and gaming. Youth will discover the world of technical gaming engineering.

We are providing a place for them to be creative outward thinkers. They will learn what it takes to be coding and gaming developers for fu ture jobs or entrepreneurship. $ 30,000 92.33
6W e s t County Reads
This project supports Richmondâ€™s eﬀorts to increase
literacy among students by offering free books to WCCUSD teachers for their classroom libraries.

We aim to inspire increased, recreational reading to raise the literacy level. To complement this â€“ we will continue providing books at annual local community events. $ 35,535 87.33
7T o u c h of New Life
Touch of New Life will help Richmond youth by providing various soft skills workshops needed to obtain public safety careers. Our goal is to educate, train and mentor youth to overcome quality of life issues as they strive for success and become good leaders within our communities.
$ 50,000 82.33
8K e y z 2 the Future
Youth Development Program that Empowers young women that are victims of gun violence through developing their leadership skills by increasing their reading comprehension, social skills, and ability to work through conﬂict resoluƟon. $ 47,350 76.67
9 Ephesians Community Development Center
The (EXCEL) One‐Stop Technology Training Resource Center will: Provide state‐of‐the‐art computerized educational courses and computer training for adults and youth. Provide a computerized networking system and other social service programs. Be the designated meeting place for the Richmond Village and surrounding communities of the City of Richmond and West Con tra Costa County. Educational & Financial Literacy services operated through the Ex
$ 50,000 75.67
Total Requested/ Awarded $378,185 $106,700
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990N ORGANIZATIONS (Annual organizational budgets $50,000 or less)
Attachment 1
50 Rank Organization
Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
1T h e Practice Space Club de Oratoria y Debate at Richmond High School is a Speech & Debate program facilitated in Spanish to support English Learners and newcomers. It provides safe, inclusive spaces to develop public speaking and oral literacy skills in a way that honors students' idenƟƟes and ancestries.
9,000.00$                           9,000.00$                      108.00 2 Desarrollo Familiar Trauma‐Informed Care in Schools will provide bilingual (English/Spanish) mental health services for youth ages 11‐14 attending Lovonya Dejean Middle School and their families, and consultation and coaching for teachers and other staff. 50,000.00$                        10,000.00$                    106.67 3 Rubicon This program will expand on the success of the previously funded ECIA grant by providing structured, robust services and activities to increase self‐sufficiency and reduce recidivism for 45 formerly incarcerated people at medium to high risk of recidivism (as measured by CAIS score or equivalent).
50,000.00$                        25,000.00$                    106.67 4R o s i e the Riveter Trust This is the 7th year of partnership between WCCSD, National Park Service, and Rosie the Riveter Trust to bring 1,200 4th graders from Title 1 schools (as a priority) and other public schools in Richmond and neighboring cities to Rosie the Riveter/World War II Home Front National Historical Park.
25,000.00$                        25,000.00$                    106.00 5T h e Multicultural Institute The Mentoring for Academic Success (MAS) program helps to reduce racial inequality in education by reaching students readiness for academic success and cultivating an interest in Science, Technology, Engineering, Art, and Mathematics fields. Along with tutoring and summer courses, Richmond students and their parents receive language and cult urally appropriate guidance.
50,000.00$                        25,000.00$                    105.33 6R i c h m o n d Main Street Initiative Richmond Main Street and CoBiz seek to offer recurring classes offered in English and Spanish, breaking language barriers that have long impacted Latin‐X entrepreneurs. In addition, these entrepreneurship classes aim to serve our Richmond BIPOC, Women, and Military Veteran entrepreneurs and small business owners. This project will encompass two parts to it, 1. New to Entrep
reneurship and, 2. Business Bootcamp for Current Entrepreneurs. 24,300.00$                        24,300.00$                    104.33 7R i c h m o n d Art Center Richmond Art Center Free Community Arts Programs will encompass large‐scale events, arts education activities, arts engagement programs and community collaborations that are immersive learning experiences for Richmond community members of all ages.
50,000.00$                        103.67
8 Community Violence Solutions CVS will provide targeted mental health support for underserved youth in the City of Richmond. Through a longstanding partnership with West Contra Costa Unified School District, CVS will raise awareness of the importance and availability of mental health services, identify youth in need, and deliver therapy services. 49,999.00$                        103.67
9Y E S Nature to Neighborhoods The Pathway to the Outdoors Program uses an experiential outdoor education model to move youth and adults along a progressive continuum of leadership, life skills, and career skills development with a focus on community engagement and environmental stewardship. YES supports participants to become successful community leaders, health advocates, and change‐makers. 30,000.00$                        101.00
10 Fresh Approach By lifting up community leadership and providing paid professional development opportunities, Fresh Approach will increase access to healthy, culturally relevant food options in food‐insecure neighborhoods. Community Ambassadors will be hired and trained to promote broad access to nutrition economically supportive programs at mobile and traditional farmers markets. 10,000.00$                        99.67
11 Richmond Police Activities League
The STEM Equity Project seeks to close the technology gap by exposing low‐income youth of color to STEM opportunities and careers.  The project utilizes RPALâ€™s LEGO robotics lab, podcast studio, and makerspace to expose youth to science, technology, engineering, and mathemaƟcs.
34,461.00$                        98.33
12 Scientific Adventures for Girls Scientific Adventures for Girls will provide 27‐weeks of afterschool STEM programming for 375 Richmond girls in K‐6th grades at 11 schools in Richmond during the 2023‐2024 school year.
35,000.00$                        98.33
13 Salesian Preparatory High School Salesian Environmental Preservation Project (SEPP) was born from a three‐phase sustainability plan to build global citizenship at Salesian College Preparatory, and to engage students in hands‐on learning through the practice of planting gardens, habitat d bl ll l f
15,000.00$                        97.67
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990 ORGANIZATIONS (Annual organizational budgets more than $50,000)
51 Rank Organization
Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990 ORGANIZATIONS (Annual organizational budgets more than $50,000)
14 18 Reasons Nourishing Pregnancy is a new program (launched in 2021) that increases food security, cooking confidence, and community support in order to increase health and well‐being among Black and Latinx birthing parents and their children. 20,000.00$                        97.33
15 Turning Green In partnership with West Contra Costa Unified School District, Conscious Kitchenâ€™s Ambassador Program will engage Richmond students in hands‐on educational activities and interactive lessons that develop leadership skills and age‐appropriate understanding of nutrition, health and well‐being; food systems and farm sourcing; meal preparation and food service; environmental impact and s ustainability.
49,918.00$                        97.33
16 Meals on Wheels As our county continued to endure the pandemic, a new problem emerged. Seniors, who were the first to be asked to shelter in place, are now experiencing unprecedented isolation. Our program addresses these concerns by reintroducing structure and routine with regular known visitors and senior‐friendly tablets for socialization online. 9,000.00$                           96.67
17 Richmond Museum of History and Culture Starting with a Museum tour, students will gather a general understanding of Richmond history. As a takeaway, students will receive a packet with a Richmond Map of historic sites and historic photographs. Students will be encouraged to visit and take modern photographs which will be displayed in a Museum exhibit. 36,700.00$                        95.00
18 Youth Code Now To provide underserved and underrepresented children and youth in Richmond, enrichment through a research‐based and multicultural curriculum that supports scholars and their families through five essential components: high quality academic and character‐building enrichment; parent and family involvement; civic engagement and social action; intergenerational servant leadership development; and nutrition, health, and me ntal health. 50,000.00$                        94.00
19 Building Blocks for Kids BBK creates multigenerational spaces for wellness for Richmond families, parents, caregivers, and youth to expand healing, knowledge, and tools to strengthen emotional health and well‐being. Our healing‐centered care approach concurrently engages families in recognizing the systemic and environmental causes of personal and community trauma to spur self‐empowerment and acti
on.
44,450.00$                        93.67
20 Earth Team Earth Team will offer a paid afterschool work‐based internship to 28 underserved youth enrolled in Richmonds public Title 1 high schools, promoting sustainability awareness, leadership, and service behaviors through environmental skills training and the building of community connections
42,627.00$                        93.67
21 Bright Futures for Growth and Development Bright Futures Early Childhood Education program is designed to inspire and excel children ages 2‐5 years of age. We provide a safe and nurturing environment with curriculum based upon California Common Core State Requirements as well as the Early Childhood Environment Rating Scale. We also provide education to identified special‐needs an d Title I students. 50,000.00$                        93.00
22 Greater Richmond Interfaith Program GRIP is the only dedicated family shelter and resource center in West Contra Costa. The Family Shelter and Resource Center provides emergency shelter and transitional dorms, case management, financial literacy, housing stability resources, hot meals, transportation vouchers and specialized services dedicated toward the special needs of homeless and marginalized youth. 50,000.00$                        92.33
23 Social Progress Inc This project will host (5) events which will all take place in the City of Richmond and North Richmond. The events will be open to all Richmond and North Richmond residents. The events will consist of The 4th of July Backpack Handout, Christmas Jingle Jam, CPR & First Aid and Earthquake Kit Workshop, Ri chmond Youth Etiquette Seminar, and Richmond Youth Financial Literacy Seminar. 25,000.00$                        92.00
24 Community Housing Development
Corporation
CHDC will implement an intergenerational and youth mentoring program to address the struggles many seniors face ‐ maintaining physical activity, social engagement and feeling disconnected. Youth will mentor seniors on technology, gardening and physical activities, and collectively learn about horticulture, healthy eating/lifestyle, working across generations and respecting seniors. 50,000.00$                        91.33
25 West Contra Costa Public Education Fund This project supports the citys efforts to remove systemic barriers that disproportionately affect Black youth. As an emergent program, we are developing mission, values and goals. One goal we have is to create a bi‐annual, youth‐focused event that covers topics such as health and wellness through multigenerational learning. 50,000.00$                        89.33
* Per requirements set forth in the FY 23‐24 ECIA guidelines, a maximum of $100,000 in grant awards was available to organizations with annual budgets over $750,000 (per their last completed 990s or audited financials). 52 Rank Organization
Project Description Requested
Amount
Recommended
Amount
Average Score
(110 Total)
FY 23‐24 ECIA GRANT AWARD
OVERALL RANKINGS AND AWARD RECOMMENDATIONS ‐ 990 ORGANIZATIONS (Annual organizational budgets more than $50,000)
26 Bay Area Rescue Mission The "Love Without Limits" Program is a one‐year wrap‐around and individualized program designed to help female victims of domestic violence, human trafficking, and homelessness begin their journey to self‐sufficiency and a brighter future. The program gives these women the the stability, structure, counseling, GED classes, and vocational training they n eed to succeed and heal. 50,000.00$                        89.00
27 Collaborising Black homeless people in Richmond who agree to coaching and are ready to make positive change in their lives will be taught housing readiness skills. Participants will develop goals and a plan for creating a personal roadmap towards successful transition to housing.
50,000.00$                        89.00
28 Rigchmond Neighborhood Housing Services This program will assist residents with financial coaching and supporting financial wellness. 50,000.00$                        87.67 29 Berkeley Baby Book Project Increase participation in the Dolly Parton's Imagination Library Program in Richmond. The Imagination Library Program mails new, age‐based, well‐selected, quality books monthly to children age 0 to 5. Research proves owning books from birth dramatically improves the odds of literacy and K‐Readiness. The BBBP registers children for the IL Program, pa ys for books, manages the database, does outreach and works with program partners. 25,000.00$                        87.33
30 Youth Finance Institute of America Youth Finance Institute of Americaâ€™s Self‐Service Personal Finance Workshop Program educates youth about basic personal finance life skills. Our curriculum offers an opportunity for youth to break the cycle of poor money management habits. This program allows schools and non‐profits, located within Richmond, access to our curriculum, free of charge. 31,000.00$                        87.33
31 SparkPoint Contra Costa SPCC provided various critical safety net resources during the pandemic and now wants to centralize the execution of these services to one Coordinator. This will ensure more efficient delivery of these important services to better support clients' financial recovery post‐pandemic
10,000.00$                        83.50
32 Moving Forward for our Future Our projects are long term investments in the Richmond community founded in equity‐based, restorative practices. Our community cleanups, free community fitness classes, community hikes, We Run Richmond 5K, back‐to‐school giveaway, and Moving Forward Scholarship Program serve as academic support, health education empowerment, and leadership development for Richmond youth.
20,000.00$                        77.33
33 Wildcat Canyon Community School This need‐based Scholarship program will support up to 15 Richmond students to attend Wildcat Canyon Community School, from Kindergarten to seventh grade. The curriculum connects studentsâ€™ thoughts, feelings, and initiative so they know who they are and what they value. Garden educaƟon and movement are part of the core curriculum. 50,000.00$                        52.00
1,196,455.00$                   118,300.00$                 Total Requested/Awarded * Per requirements set forth in the FY 23‐24 ECIA guidelines, a maximum of $100,000 in grant awards was available to organizations with annual budgets over $750,000 (per their last completed 990s or audited financials). 53

Page 1 of 2 ends

December 5, 2023

Community Development

DATE: December 5, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development

Subject:

Contract Amendment No. 2 with PES Environmental, Inc.
dba NV5
FINANCIAL IMPACT: The proposed expenditure was approved in the Fiscal Year 2023-24 Successor Agency budget ($166,300,
Account String: 61322063-400708-07563).

PREVIOUS COUNCIL
ACTION:

October 5, 2021

STATEMENT OF THE
ISSUE:

The Successor Agency to the Richmond Community
Redevelopment Agency (“RDA)”) completed a clean-up
of the Miraflores site in 2015. As part of on-going
groundwater monitoring, RDA’s consultant has identified chlorinated volatile organic compounds (“CVOCs”) in the groundwater. City staff is requesting City Council
approval of a contract amendment no. 2 with PES
Environmental, Inc. (PES), dba NV5, to provide
environmental consultation services for the Miraflores
Housing Development property. This is a recognized
obligation of the RDA to do additional groundwater and
soil vapor sampling to evaluate potential risks posed by residual contamination of the Miraflores site.

AGENDA
REPORT
54

Page 2 of 2 ends

December 5, 2023
RECOMMENDED ACTION:

APPROVE a contract amendment no. 2 with PES
Environmental, Inc. (PES), dba NV5, in an amount of
$166,300, for a new total contract amount not to
exceed $236,300, for environmental consultation
services related to the Miraflores Property, for a term ending December 31, 2025, to be paid for by funding
from the Successor Agency to the Richmond
Community Redevelopment Agency – Community
Development Department (Lina Velasco 510-620-
6706).

DISCUSSION:

PES Environmental, Inc. (PES) has been working on the Miraflores project (Site) on behalf of Successor Agency to the Richmond Community Redevelopment Agency (RDA) for many years. PES has substantial institutional knowledge regarding the site history, site contaminants, cleanup, and impacts to groundwater from offsite properties.

On behalf of the RDA, PES worked with the Department of Toxic Substances Control (DTSC) to develop and implement a Remedial Action Plan to clean up the site to allow residential development. On June 29, 2015, DTSC issued a Polanco Redevelopment Act Site Certificate, approving completion of remedial activities at the Site and confirming that the Site was appropriate for unrestricted residential use. Certification of the Site included a requirement by DTSC for the RDA to conduct post-remediation groundwater monitoring.

PES prepared a Post Remediation Groundwater Monitoring Work Plan (Work Plan) and the Work Plan was approved by DTSC on May 18, 2015. PES has implemented the Work Plan and is in active discussions with DTSC staff regarding completion of the post-remediation groundwater monitoring. As part of on-going groundwater monitoring, PES identified chlorinated volatile organic compounds (“CVOCs”) in groundwater.

City staff is requesting approval of a second contract amendment to add additional funds to complete additional groundwater and soil vapor sampling to evaluate potential risks posed by residual contaminants.

DOCUMENTS ATTACHED:

Attachment 1 – Contract Amendment No. 2
Attachment 2 – Original Contract and Amendment No. 1
55 CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Ma nager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

56 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.

57 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

58 7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600 October 13, 2023

644.016.02.P01

Successor Agency to the
Richmond Community Redevelopment Agency
Attention: Ms. Lina Velasco
440 Civic Center Plaza, Second Floor
Richmond, California 94804

PROPOSED SCOPE OF WORK AND FEE ESTIMATE

SOIL VAPOR ASSESSMENT

MIRAFLORES HOUSING DEVELOPMENT
SOUTH 47

TH AND WALL AVENUE

RICHMOND, CALIFORNIA

Dear Ms. Velasco:

PES Environmental, Inc. (PES) dba NV5 (NV5) is pleased to present the Successor Agency to the Richmond Community Redevelopment Agency (Successor Agency) this proposed scope of work and fee estimate for environmental consultation services related for the Miraflores Housing Development property located in Richmond, California (site). This proposal was requested by you in electronic correspondence with Kyle Flory of NV5 dated October 3, 2023, and is based on anticipation of environmental activities to be conducted for fiscal year 2023/2024. The site is currently overseen by the California Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC).

This proposal provides a scope of work and fee estimate for conducting soil vapor probe installation and two rounds of soil vapor sampling and associated reporting, as well as general environmental consultation.

59 Ms. Lina Velasco
October 13, 2023

Page 2 ends

64401602P001.docx

BACKGROUND

As you know, an approved Remedial Action Plan (RAP)
1, in conjunction with remedial
procedures described in the Remedial Design and Implementation Plan2 (RDIP), and Results of Carey Parcel Investigation and Supplemental Soil Sampling (Carey Report)3, was implemented for the remediation of site-sourced contaminants between November 2013 and August 2014.

A Remedial Action Implementation Report (RAIR)4, documenting the completion of approved remedial activities presented in the RAP, RDIP, and Carey Report was subsequently approved by DTSC on June 23, 2015.

On June 26, 2015, the Voluntary Cleanup Agreement (VCA) was amended to include DTSC-required Operation and Maintenance (O&M) activities and to list the Agency as the sole proponent of the VCA.

On June 29, 2015, DTSC issued a Polanco Redevelopment Act Site Certificate 5, approving
completion of remedial activities at the Site and confirming that the site was appropriate for unrestricted residential use.

The site was subsequently sold in 2018 to the Miraflores Community Devco, LLC (Devco), and Devco subsequently proceeded with the planning and entitlement activities for residential redevelopment of the site, known as the Miraflores Residential Development, consisting of a total of 22 new, detached multiplex, multi-story residential buildings containing 190 residential units across the 8.17 acre site, and new or upgraded utilities, streets, sidewalks, as well as the relocation of historic structures. We understand Devco has recently filed for Chapter 11 bankruptcy.

On- and off-site investigations performed previously by PES and others indicated that chlorinated volatile organic compounds (CVOCs), including tetrachloroethylene (PCE), were identified in groundwater and soil vapor beneath the site; however, the on- and off-site data and historical site information indicate the source of CVOCs to be from upgradient, off-site location(s) with respect to the direction of groundwater flow

6. NV5 understands that DTSC is

1 PES, 2009. Remedial Action Plan, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. December 29.
2 PES, 2011. Remedial Design and Implementation Plan, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. March 1.
3 PES, 2014. Results of Carey Parcel Investigation and Supplemental Soil Sampling, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. February 13. 4 PES, 2015. Remedial Action Implementation Report, Miraflores Housing Development, South 47th Street and Wall Avenue, Richmond, California. June 18.
5 DTSC, 2015. Site Certification, Implementation of Remedial Action Plan, Miraflores Housing Development Site, South 47th Street and Wall Avenue, Richmond, Contra Costa County (Site Code 201586). June 29. 6 DTSC, 2022. Docket No. HAS-FY21/22-101, Imminent and Substantial Endangerment Determination Amendment: MacDonald-San Pablo-Wall-45th Plume Site, El Cerrito and Richmond, California 94804.

March 17.
60 Ms. Lina Velasco
October 13, 2023

Page 3 ends

64401602P001.docx
currently requiring off-site Responsible Parties at upgradient locations7 from the subject site to conduct subsurface investigations related to potential impacts to upgradient groundwater (i.e., the likely origins of the contaminated groundwater beneath the subject site).

As you are aware, DTSC issued a letter to the City of Richmond on September 18, 2020 noting the presence of CVOCs in groundwater, and further noting that, prior to redevelopment, soil vapor data collection (e.g., by or on behalf of the project proponent/developer) was warranted in order to assess the potential for vapor intrusion concerns at the proposed residential buildings. As noted above, NV5 understands that Devco declared bankruptcy, and a new development proponent has not been identified at this time.

PROPOSED SCOPE OF WORK

To provide current soil vapor data facilitating a screening of the potential for vapor intrusion (VI) at the proposed Miraflores Residential Development, the scope of work proposed below includes preparation of a Work Plan for submittal to DTSC that will propose installation of permanent multi-depth soil vapor probes at 22 locations, and conducting two rounds of soil vapor sampling. The number and locations of the soil vapor probes are based on the development plans prepared by Devco.

NV5 further anticipates providing continuing environmental consultation services to the Successor Agency for the Miraflores Housing Development site related to submittal and implementation of the proposed Work Plan, as well as other environmental issues that may be raised by DTSC.

The proposed scope of work is further described below.

Task 1 – Prepare Work Plan for Soil Vapor Assessment

NV5 will prepare a work plan for on-site soil vapor probe installation, sampling and evaluation. The work plan will describe the methods and procedures for the installation and sampling of the soil vapor probes - including sample types (e.g., soil gas samples), proposed number and locations, sample collection equipment, sampling depth, detailed sample collection procedures, and laboratory analytical method. The objectives of the proposed scope of work will be to provide analytical data towards assessment of VOCs in soil vapor and conduct an evaluation of the potential human health-risk from vapor intrusion concerns. Soil vapor probe locations will be within the footprint of the proposed project building locations. A draft work plan will be submitted to you for review and approval prior to submittal to DTSC.

7 Including the Omo Fabricare Dry Cleaners (EnviroStor ID 60001434), and Former Montgomery Wards (EnviroStor ID 60001432) sites.
61 Ms. Lina Velasco
October 13, 2023

Page 4 ends

64401602P001.docx
Task 2 – Soil Vapor Assessment

The activities noted below will be conducted as part of the proposed soil vapor assessment.

Task 2a - Field Preparation and Planning Activities

Prior to conducting vapor probe installation activities, NV5 will: (1) obtain vapor probe installation permits; (2) coordinate with the Successor Agency as needed for site access; (3) mark for Underground Service Alert (USA); and (4) retain qualified subcontractors, including a private utility locator, a California-licensed well driller to perform the vapor probe installations, and a stationary State of California-certified analytical laboratory for sampling media and analysis of samples.

Task 2b – Soil Vapor Monitoring Probe Installation, Two Rounds of Sampling (Cold and Warm Season Events), Investigation-Derived Waste Removal, and Associated Reporting

Consistent with the methods and procedures to be presented in the Work Plan (Task 1), NV5 will conduct the installation and sampling of nested, multi-depth soil vapor probes at 22 locations. Each location will consist of two soil vapor probes, with vapor inlets installed at approximately 6 and 11 feet below ground surface (bgs), for a total of 44 soil vapor probes, to be installed in accordance with the soil vapor probe installation and sampling methodologies presented in the Work Plan.

Based on the historical depth to groundwater (under confining conditions), sampling of soil vapor probes constructed at 15 feet bgs will not be successful (e.g., groundwater will be present and/or intrude into vapor probes constructed at that depth), and therefore a shallower probe intake depth is recommended. Additionally, based on previous investigations identifying the predominant presence of low-permeability conditions at the site (i.e., within the unsaturated vadose zone), it is anticipated that, consistent with the Advisory – Active Soil Gas Investigations (Advisory; published by the Department of Toxic Substances Control, the Regional Water Quality Control Board, Los Angeles Region and the RWQCB dated July 20158), vapor probe installation will be conducted in two drilling phases: (1) a continuously-cored pilot hole will be advanced using direct-push drilling technology to permit detailed lithologic logging of subsurface conditions; and (2) after evaluation of subsurface conditions at each location a large- diameter borehole (e.g., approximately 6-inch diameter) will be advanced prior to construction of the vapor probes in general accordance with procedures presented in Appendix D of the Advisory. Drilling, field screening, lithologic logging, and sample collection will be directed by a site geologist under the supervision of a State of California Professional Geologist or Engineer.

Drilling services will be performed by a licensed drilling contractor possessing a valid well drillers license (C-57) issued by the State of California. Steel standpipes will be installed by the drilling contractor at each location to protect the soil vapor probes.

8 California Environmental Protection Agency Department of Toxic Substances Control (DTSC), 2015. Advisory – Active Soil Gas Investigations. July.
62 Ms. Lina Velasco
October 13, 2023

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64401602P001.docx
A total of two rounds of soil vapor sampling activities will be conducted (in accordance with the Work Plan, as well as procedures outlined in the Advisory). One soil vapor sampling event will be conducted to qualify as a “warm weather” seasonal event, and one will be conducted as a “cold weather” seasonal event.

Following completion of soil vapor sampling, the samples will be transported under chain-of-custody protocol to a stationary State of California-certified analytical laboratory and samples for the project laboratory list of VOCs using U.S. EPA Test Method TO-15, and helium, methane, oxygen, and carbon dioxide using ASTM Test Method D1946 under standard turn-around time.

The results of the first round of soil vapor sampling will be tabulated and presented graphically for submittal to DTSC. Following receipt of the laboratory analytical results from the second planned soil vapor sampling event, NV5 will compile the data and prepare a written report which will include tabulated data, plates, lithologic logs and soil vapor probe construction diagrams, permits, and copies of laboratory analytical reports. A draft version of the report will be provided to you for review and comment. Once comments to the report are addressed, the draft report will be submitted to DTSC in electronic format. NV5 anticipates one round of comments or edits from DTSC will be addressed prior to finalization and submittal.

Included in this proposal is the disposal of investigation-derived waste (IDW) generated during the soil vapor probe installation activities. NV5 will collect representative samples of soil cuttings and decontamination rinsate, and laboratory analyses will be used for the profiling and disposal of the IDW. We have assumed the IDW will be classified as non-hazardous waste and can be disposed at a non-hazardous landfill and/or recycling facility. This task includes the labor for NV5 staff to coordinate with the sampling contractor for removal and off-site disposal and/or recycling of the IDW media.

Task 3 - General Environmental Consultation

The anticipated scope of work for the general environmental consultation services to be conducted as part of the proposed scope of work herein includes:
• Preparing correspondence to DTSC regarding responses to submittals; and • Preparing for and participating in meetings with Successor Agency staff and counsel, and DTSC, as requested.

63 Ms. Lina Velasco
October 13, 2023

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64401602P001.docx

ESTIMATED FEE

The following is the estimated fee to perform the work tasks identified in the scope of work described above:

Task 1 – Prepare Work Pl an for Soil Vapor Assessment
NV5 Labor $7,600

Task 2 – Soil Vapor Assessment
Task 2a – Field Preparation and Planning Activities
NV5 Labor $3,900
Utility Location Subcontractor 1,200
CCCHSD Vapor Probe Permits 3,800
Subtotal: $8,900

Task 2b – Soil Vapor Monitoring Probe Installation, Two Rounds of Sampling (Cold and Warm Season Events), Investigation-Derived Waste Removal, and Associated Reporting
NV5 Labor and Equipment $50,700
Soil Vapor Probe (Drilling) Subcontractor 41,200
Laboratory Analytical Fees 46,500
Disposal of Investigation Derived Waste (Estimated) 3,900 Subtotal: $142,300

Task 1 and 2 Total $158,800
Task 3 – General Environmental Consultation
NV5 Labor $7,500

Project Total $166,300

NV5 proposes to perform the services described as Tasks 1 and 2, above, on a time and materials basis for an estimated fee of $158,800. The fee estimate to perform Task 1 through 3 described above is $166,300, which NV5 would perform on a time and materials basis.

NV5 assumptions include: (1) vapor probe installation will require five days of field work to complete; (2) eleven (11) 55-gallon drums will be disposed off-site as non-hazardous waste.

Costs were estimated based on NV5’s current Schedule of Charges (see attached). This estimate will not be exceeded without the Successor Agency’s authorization, and a material change in the scope of work. NV5 will perform the proposed scope of work under the terms of the Successor Agency’s Purchase of Services Contract, which we understand will be provided by the Successor Agency.

64 Ms. Lina Velasco
October 13, 2023

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We appreciate the opportunity to be of continued service to the Successor Agency and trust this is the information you require at this time. If you have any questions, please contact Kyle Flory or Chris Baldassari.

Yours very truly,

NV5

Christopher J. Baldassari, P.G.

Associate Geologist

Kyle S. Flory, P.G.

Principal Geologist

Attachment: Schedule of Charges
65 7665 REDWOOD BLVD, SUITE 200 | NOVATO, CA 94945 | WWW.NV5.COM | OFFICE 415.899.1600

SCHEDULE OF CHARGES

The following fee schedule applies to all Services provided by NV5. This schedule is effective January 3, 2023.

Titles are generic and no distinction is made be tween engineers, geologists, hydrogeologists, or other professions.

Professional Title

Vice President $365 per hour
Principal Professionals $240-275 per hour
Associate Professionals $215-225 per hour
Senior Professionals $200 per hour
Project Professionals $175 per hour
Senior Staff Professionals $150 per hour
Staff Professionals $140 per hour
Sr. CADD Operators $135 per hour
CADD Operators $120 per hour
Technician $75-90 per hour
Word Processing & Clerical Support $90 per hour

These rates are evaluated on an annual basis and may be subject to an increase to reflect the then current rates.

Fee schedules for field/safety equipment and fleet vehicles provided by NV5 are submitted or included with project or contract-specific cost estimates. Costs for routin e office phone calls, conferencing, standard postage, and photocopying will be covered by a 4 percent communication surcharge on labor. Fees for expendable supplies, rented or leased equipment, and/or subcontractors retained by NV5 for a project or contract are billed at a rate of cost plus 15 percent. This charge includes insurance costs, business taxes, administrative fees, processing fees, and carrying costs. On projects that require substantial subcontractor costs, NV5 may invoice all, or a portion of, subcontractors’ fees prior to performing the work. Travel time will be charged at regular hourly rates, not to exceed 8 hours per day. Rates for or associated with expert testimony will be increased by 50 percent.

Invoices are payable upon presentation and are past due 60 days from the submittal date. A finance fee will be charged for past due accounts at the rate of 1-1/2 percent per invoice per month, or at the maximum amount allowed by law.

(__________/__________)
initial date

SCHEDULE OF CHARGES 2023.docx
66 Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

67 ___ 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.
68 ___ 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.

69 ___ 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.

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

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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:

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.

Successor Agency Lina Velasco
[email protected] (510) 620-6706
4769
PES Environmental, Inc. (PES) will provide environmental consultation services related for the Miraflores property.

PES Environmental, Inc.
7665 Redwood Boulevard, Suite 200
Novato, CA 94945
Kyle Flory
(415) 899-1600 [email protected]
4000-6504 January 25, 2022
October 5, 2021
June 30, 2023
70,000
✔

74 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

7KH&RUSRUDWLRQ&KLHI)LQDQFLDO2IILFHU
6HFUHWDU\RU$VVLVWDQW6HFUHWDU\VKRXOGVLJQEHORZ

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
PES Environmental, Inc.

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Richmond and
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Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
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See attached scope of work dated Spember 13, 2021.

PES Environmental, Inc.

85 For the Contract between the City of
Richmond and
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{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
PES Environmental, Inc.

Successor Agency
Lina Velasco

86 For the Contract between the City of
Richmond and
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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:

PES Environmental, Inc.

Lina Velasco
450 Civic Center Plaza
Kyle Flory
7665 Redwood Boulevard, Suite 200
Novato, CA 94945

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

88 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.

89 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.

90 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

91 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.

92 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

93 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

94 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

95 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

96 General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.

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

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

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

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

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

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

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

97 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

98 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.

99 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.

100
For the Contract between the City of
Richmond and
(;+,%,7(
63(&,$/&21',7,216
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

None.

PES Environmental, Inc.

101
For the Contract between the City of
Richmond and
(;+,%,7)
,1685$1&(3529,6,216
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.

PES Environmental, Inc.

102
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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.

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

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

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 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.

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

103
BBB([KLELW)
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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.

SAMPLE Endorsements 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 during the life of this contract.

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

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.

104
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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.

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.

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113

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:

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
4769 / 5807
PES Environmental, Inc. (PES) will provide environmental consultation services related for the Miraflores property. ✔
1 PES Environmental, Inc. dba NV5
200 South Park Road, Suite 350
Hollywood, FL 33021
Kyle Flory
(415) 798-3020 [email protected]
4000-6504 December 31, 2023
✔
October 31, 2021
October 5, 2021 June 30, 2023
70,000.00

114
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.

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.

PES Environmental, Inc. dba NV5

115
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM 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. 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
PES Environmental, Inc. dba NV5
1 / 5807
October 5, 2021
June 30, 2025

None.

116
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
PES Environmental, Inc. dba NV5
1 / 5807
70,000.00
June 30, 2025✔
70,000.00
70,000.00
70,000.00
70,000.00

117
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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.

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

118
___ 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.

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

SAMPLE Endorsements 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 during the life of this contract.

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

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.

119
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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.

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.

120

121

122

123

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December 5, 2023

Community Development

DATE: December 5, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Beatriz Guerrero, TCC Project Coordinator
Subject:

Sole-Source Agreement with The Regents of the
University of California for Project Evaluation for the City of Richmond’s Transformative Climate Communities
(TCC) Implementation Grant
FINANCIAL IMPACT: The City and its Co-Applicants were awarded a $35M Transformative Climate Communities (TCC) Round 4
Implementation Grant. The evaluation work will be
funded by the TCC grant awarded to the City and is a
required component of the grant. Account string:
15061219-400201-16G24

PREVIOUS COUNCIL
ACTION:

October 3, 2023, September 19, 2023, December 20,
2022, June 21, 2022

STATEMENT OF THE
ISSUE:

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

Richmond’s project, Richmond Rising: Healthy,
Connected, and Climate Strong, focuses on projects
serving the Iron Triangle, Santa Fe, and Coronado
neighborhoods. The TCC Grant agreement is between
SGC and City of Richmond. City staff is requesting
approval of a Service Agreement between the City and
The Regents of the University of California, a California public corporation, on behalf of its Center for Global
Healthy Cities (“CGHC”) at its Berkeley campus to
document and evaluate the City’s TCC program
processes as well as outputs, outcomes, and impacts.

AGENDA
REPORT
125

Page 2 of 4 ends

December 5, 2023
RECOMMENDED ACTION:

APPROVE a sole-source service agreement with The
Regents of the University of California, a California public corporation, for a total amount not to exceed $1,070,000, to document and evaluate program processes as well as
outputs, outcomes, and impacts of the City’s
Transformative Climate Communities (TCC) Round 4
Richmond Rising Project focused on serving the Iron
Triangle, Santa Fe, and Coronado neighborhoods, with a
term beginning October 1, 2023, through June 30, 2029 – Community Development Department (Lina
Velasco/Beatriz Guerrero 510-620-5450).

DISCUSSION:

On June 21, 2022, the City Council authorized an application for a Transformative Climate Communities (TCC) Round 4 Implementation Grant for the Richmond Rising project. The City’s proposal included five Co-Applicants: Groundwork Richmond, GRID Alternatives, Rich City Rides, Trust for Public Land (TPL), and Urban Tilth. On October 27, 2022, Richmond’s application was awarded a $35 million Transformative Climate Communities (TCC) Round 4 Implementation Grant by the California Strategic Growth Council. Richmond’s project titled Richmond Rising: Healthy, Connected, and Climate Strong focuses on projects serving the Iron Triangle, Santa Fe, and Coronado neighborhoods. The ten key projects included in the Richmond Rising project are:

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

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

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

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

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

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

7. ADA Accessible Garden: edible and pollinator garden at Unity Park with specially designed planting beds so seniors and wheelchair users can 126

Page 3 of 4 ends

December 5, 2023
comfortably participate in gardening and community activities. – Urban Tilth will be the subproject lead.

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

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

10. E-Bike Share: the project will bring 5 new bike share access points, 70 new E- bikes, and targeted outreach and engagement to the Project Area. – City Transportation Division will be the subproject lead.

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

The TCC Implementation grant requires indicator tracking and the outputs, outcomes and impacts to be evaluated by a Third Party. The Round 4 TCC Guidelines specify that, “applicants awarded Implementation Grants are required to allocate a minimum of 3% of awarded grant funds towards the hiring of a pre-qualified, third-party Evaluation Technical Assistance Provider to assist with data collection and indicator tracking throughout grant implementation.” (p. 60) TCC Grantees can select and hire a pre- qualified third-party Evaluation Technical Assistance Provider or select and submit a new evaluation provider for SGC approval. The list of approved Third-Party evaluators were mostly located in Southern California and the City desires a local partner with greater understanding of the City’s past and current work around resiliency and health.

The City of Richmond worked collaboratively with Center for Global Healthy Cities (“CGHC”) at UC Berkeley to develop a community driven Health in All Policies (HiAP) strategy and ordinance after two years of research, planning and input from residents, community-based organizations, and city staff. CGHC worked more recently with the City to evaluate its HiAP work and the health perception of residents via the bi-annual resident survey. On April 7, 2023, CGHC was approved as an SGC Evaluation Technical Assistance Provider. Therefore, City staff is requesting approval of a Service Agreement between the City and The Regents of the University of California, a California public corporation, on behalf of its Center for Global Healthy Cities (“CGHC”) to be the City’s third-party evaluator for the TCC implementation project.

As lead evaluator for Richmond’s TCC implementation grant, the UC Berkeley CGHC will document and evaluate program processes as well as outputs, outcomes, and impacts. The process evaluation will explore procedural equity. The output, outcomes, 127

Page 4 of 4 ends

December 5, 2023
and impacts evaluation will focus on distributive equity. CGHC will document and analyze different types of measures, using qualitative, quantitative and spatial data.

Therefore, staff is recommending a sole source service agreement with The Regents of the University of California, a California public corporation, for a total amount not to exceed $1,070,000 to document and evaluate program processes as well as outputs, outcomes, and impacts of the City’s Transformative Climate Communities (TCC) Round 4 Richmond Rising Project focused on serving the Iron Triangle, Santa Fe, and Coronado neighborhoods, with a term ending June 30, 2029.

DOCUMENTS ATTACHED:

Attachment 1 – TCC Grant Award Letter Richmond
Attachment 2 – SGC Approval Email for UCB CGHC as Third-Party Evaluator Attachment 3 – UC Berkeley Service Agreement
Attachment 4 – Sole Source Form

128
1400 Tenth Street, Sacramento, CA 95814 ● www.sgc.ca.gov ● (916) 324-9775 October 31, 2022
Via Email
Mayor Tom Butt
City of Richmond
Attn: Lina Velasco
Director of Community Development
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
[email protected]
RE: Awar d Notification – Transformative Climate Communities (TCC) Program, Round 4, Implementation Grant Award, City of Richmond, “Richmond Rising: Healthy, Connected, and Climate Strong” Dear Mayor Butt,
The California Strategic Growth Council (SGC) is pleased to inform you that the Council approved a Transformative Climate Communities Implementation award of $35 million dollars to the City of Richmond for “Richmond Rising:

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

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

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

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

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

Sincerely,
Ly
nn von Koch-Liebert
Executive Director
California Strategic Growth Council
129
https://outlook.office365.com/mail/inbox/id/AAQkADVmMGM5YjZhLTg5MzItNGFhYS1iNjkyLWM1OWQ4NzBkMWU4NwAQAPWaog%2FU5kG3iePlyB… 1/1 FW: [TCC Evaluation Technical Assistance] UC Berkeley, Center for Global Health Cities Approval
From: Rebecca Aviles <[email protected]>
Sent: Friday, April 7, 2023 11:50 AM
To: Jason Corburn <[email protected]>
Cc: Lina Velasco <[email protected]>; Samantha Carr <[email protected]>; Rachel Jacobson <[email protected]>; Estrada, Julia@DOC <julia.estrada@conservaon.ca.gov> Subject: [TCC Evaluaon Technical Assistance] UC Berkeley, Center for Global Health Cies Approval This email originated from outside of the City's email system. Do not open links or aachments from untrusted sources.

Good afternoon Professor Corburn,
Thank you for your application to serve as the City of Richmond’s Evaluation Partner for the Round 4 Transformative Climate Communities Richmond Rising: Healthy, Connected, and Climate Strong Program.

Your application has been reviewed, and the Center for Global Healthy Cities at UC Berkeley is now approved as an SGC Evaluation Technical Assistance Provider.

As an approved Provider, please connect with Lina Velasco and Samantha Carr at the City of Richmond to review and revise as needed the draft scope of work (provided in the application and attached here).

Please don’t hesitate to reach out with any questions.

Thank you,
Rebecca
Rebecca Avilés
Transformative Climate Communities Program Analyst
California Strategic Growth Council
[email protected] | she, her, hers
Website | Twitter | LinkedIn
Attachment 2
130
1 SERVICES AGREEMENT
between

THE REGENTS OF THE UNIVERSITY OF

CALIFORNIA
and

CITY OF RICHMOND

This Services Agreement ("Agreement"), effective as of _________, 2023 ("Effective Date"), is by and between The Regents of the University of California, a California public corporation ("University"), on behalf of its Center for Global Healthy Cities (“CGHC”) at its Berkeley campus, and the City of Richmond (“City”), a public entity having a principal place of business at ____________. " Party" hereinafter refers to each Party individually, or collectively as "Parties."

AGREEMENT

1. Scope of Work
The University will perform the services and, if applicable, provide the deliverables set forth in the attached Exhibit A, incorporated by reference and made a part of this Agreement.

2. Fees
The fees or rates for the services to be rendered by the University are set forth in Exhibit A. University will submit all invoices to the City’s representative listed in Section 12 (Notice).

All payments from the City to the University will be made by check payable to "The Regents of the University of California" to an address specified in the invoice or by wire transfer to an account specified in the invoice.

3. Term and Termination

3.1 This Agreement commences on the Effective Date and terminates five years from the Effective Date, unless otherwise amended by the parties in accordance with all applicable laws("Term"), unless earlier terminated in accordance with the terms of this Agreement.

3.2 This Agreement may be terminated by
either Party, with or without cause upon 30
days’ written notice. Should the City terminate this Agreement, the City will be responsible for paying the University for all services rendered as of the date the notice of termination was sent.

3.4 All provisions which, by their nature, extend beyond the Term will survive termination of this Agreement, including but not limited to, Sections 4 (Copyright), 5 (University Name, Trademarks and Logos), 6 (Disclaimer of Warranty), 7 (Limitations of Liability), 8 (Indemnification), 9 (Insurance), and 10 (Confidentiality).

4. Copyright
All rights to a Party’s pre-existing copyrighted or copyrightable materials (or derivative works thereof) will be retained by such Party. All copyright rights to any works created in the performance of this Agreement, as defined in the Scope of Work in Exhibit A ("Deliverables") will vest with the University as a "work made for hire" under U.S. copyright law. If it is determined that the University is not the owner of such Deliverables under the "work made for hire" doctrine, the City hereby irrevocably assigns to the University all right, title, and interest (including 131
5 copyright rights) to and in such Deliverables.

5. University Name, Trademarks and Logos
The City will not use the name of the University of California ("UC"), any abbreviation thereof, any name of which "University of California" is a part, or any trademarks or logos of the University ("University Marks"), in any commercial context (including, without limitation, on products, in media (including websites), and in advertisements), or in cases when such use may imply an endorsement or sponsorship of the City, its products or services. All such uses of the University's name and trademarks must receive prior written co nsent from The Regents of the University of California through the Office of Business Contracts and Brand Protection, who can be reached at [email protected]. At all times, the City agrees to comply with California Education Code Section 92000.

University Marks are and will remain exclusively the property of the University. The City will not, either directly or indirectly, obtain or attempt to obtain during the Term hereof or at any time thereafter, any right, title or interest in or to University Marks, and the City hereby expressly waives any right which it may have in University Marks. The City recognizes the University's exclusive ownership of University Marks.

6. Disclaimer of Warranty
Except as expressly set forth otherwise in this Agreement, the University makes no warranties, either express or implied, as to the services, the deliverables, or the results provided under this agreement, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non- infringement. The City acknowledges that the services, the deliverables, and the results are provided on an "as is" basis and without warranties of any kind.

The City further acknowledges that it uses such services, deliverables, and results at its own risk.

The University will bear no responsibility for the success or failure of the services, deliverables, or results.

7. Limitations of Liability
Neither Party shall be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages of any kind arising out of or in any way related to this agreement, whether in warranty, tort, contract, or otherwise, including, without limitation, loss of profits or loss of good will, whether or not the other Party has been advised of the possibility of such damages and whether or not such damages were foreseeable.

8. Indemnification
Each Party will defend, indemnify, and hold the other Party, its officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent acts of the Party, its officers, agents, or employees. The Party seeking indemnification agrees to provide the other Party with prompt notice of any such Claim and to permit the indemnifying Party to defend any claim or action, and to cooperate fully in such defense. The indemnifying Party will not settle or consent to the entry of any judgment in any Claim without the consent of the other Party, and such consent will not be unreasonably withheld, conditioned, or delayed.

132
5 9. Insurance

9.1 The Parties will keep in full force and effect during the Term self-insurance with coverages as set forth in Exhibit B ("Insurance"):

9.2 The Insurance will provide for a retroactive date of placement prior to or coinciding with the Effective Date of this Agreement.

9.3 Within thirty (30) days of the execution of this Agreement, each Party will furnish the other Party with a Certificate of Insurance ("Certificate of Insurance") evidencing compliance with the insurance provisions of this Agreement. Each Party is required to give thirty (30) days' advance written notice to such other Party of any modification, change, or cancellation with respect to the Insurance.

10. Confidentiality
The Parties will not provide or exchange any personally- identifiable or otherwise confidential information in the performance of this Agreement.

11. Miscellaneous

11.1 Governing Law
This Agreement will be governed by and interpreted according to the laws of the State of California, without regard to its conflict of laws provisions. Parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought will be exclusively in the County of Alameda.

11.2 Relationship of the Parties
In the performance of this Agreement, the Parties, including their officers, agents and employees, will act as independent contractors. Nothing in this Agreement will create, or be construed to be, a joint venture, association, partnership, franchise or ot her form of business relationship. At no time will the employees, agents or assigns of one Party be considered the employees of the other Party for any purpose, including but not limited to workers' compensation purposes.

11.3 Force Majeure
If any Party fails to timely perform its obligations under this Agreement because of natural disasters, labor disputes, strikes, actions of governmental authority, acts of terrorism, wars, judicial orders or other causes beyond the reasonable control of the Party obligated to perform, then that Party's performance will be excused for the duration of such force majeure event.

11.4 Assignment
Neither Party may assign this Agreement without the written consent of the other Party.

11.5 Severability
In the event any portion of this Agreement is declared illegal, unenforceable, invalid or void by a court of competent jurisdiction, such portion will be severed from this Agreement, and the remaining provisions will remain in full force and effect.

11.6 Integration
This Agreement, including any exhibits, constitutes the entire understanding and 133
5 agreement between the Parties as to all matters contained herein, and supersedes all prior agreements, representations and understandings of the Parties. The parties may utilize their standard forms of purchase orders, invoices, quotations and other such forms in administering this Agreement, but any of the terms and conditions printed or otherwise appearing on such forms will not be applicable and will be void. Modifications, including additions or revision of any terms and conditions may only be made by a written agreement signed by both Parties that expressly states in the title of such document an intent to amend this Agreement.

11.7 Waiver
No waiver of any provision of this Agreement will be effective unless made in writing and signed by the waiving party. The failure of any Party to require the performance of any term or obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, will not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

11.8 Counterparts
This Agreement may be executed in two or more counterparts, which may be transmitted via facsimile or electronically, each of which will be deemed an original and all of which together will constitute one instrument.

11.9 Headings
Article and Section headings used in this Agreement are for convenience of reference only, are not part of this Agreement and shall not affect the construction of, or be taken into consideration in interpreting, this Agreement.

12. Notice
All notices under this Agreement must be in writing, and must be mailed or delivered by hand or recognized overnight delivery service to the Party to whom such notice is being given. Any such notice will be considered to have been given when received by the Party to whom notice is given or upon receipt by the sending Party of written confirmation of refusal of delivery by the Party to whom notice is sent.

University's representative for all purposes will be:

Name: Jason Corburn, Director CGHC
Address: 226A Wurster Hall, University of California, Berkeley, Berkeley, CA 94720 Phone: 510-643-4790
Email: [email protected]

The City's representative for all purposes will be:

Name: Lina Velasco, Director of Community Development Address: 450 Civic Center Plaza, Richmond, CA, 94804
Email: [email protected]

[signature page follows]
134
6 13. Representation on Authority of Parties/Signatories Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Each Party represents and warrants to the other that the execution of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

IN WITNESS WHEREOF, the duly authorized Parties have executed this Agreement as of the Effective Date.

Name: ___________________________________
Tit1e: Richmond Mayor
Date: ______________
Name: ___________________________________
Tit1e: Richmond City Attorney
Date: _____________
Name: ________________________________
Tit1e: Richmond City Clerk
Date: ______________

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

By: _ _
Name:

Title:

Date:
135

EXHIBIT A

Scope of Work TCC Evaluation Work Plan

The University will conduct project evaluation activities for the City of Richmond’s Transformative Climate Communities (TCC) grant implementation activities. As lead evaluator for Richmond’s TCC grant, the UC Berkeley Center for Global Healthy Cities (CGHC) will document and evaluate program processes as well as outputs, outcomes and impacts. The process evaluation will explore procedural equity. The output, outcomes and impacts evaluation will focus on distributive equity. CGHC will document and analyze different types of measures, using qualitative, quantitative and spatial data.

1, Contract Timeline
July 1, 2023 – June 30, 2029

2. Invoice Schedule & Amount
l) November 1, 2023 $267,500
2) February 1, 2024 $133,750
3) February 1, 2025 $133,750
4) February 1, 2026 $133,750
5) February 1, 2027 $133,750
6) February 1, 2027 $133,750
7) February 1, 2029 $133,750

The total contact amount shall not exceed $1,070,000.

a. Through an Advance Pay Pilot Program, SGC is authorized to provide the City of Richmond advance payments of TCC grant awards through July 1, 2025.1 SGC may approve advance payments under this grant at its sole discretion. All requests for advance payments shall be submitted to the City of Richmond in writing, along with the information requested below. Any material changes to the request form must be reported to the City of Richmond within 15 days.

Advance payments shall not exceed 25% of the total contract amount. All advance payments and the amount of any advance payment is subject to SGC’s sole discretion.

Advance payment requests under this subsection shall, in the written request, provide complete documentation including the following:
(i) Confirm that SGC has approved the itemized budget, spending timeline, and workplan; (ii) Identify the activities to be funded with any advance payment and provide support for the need for the advance payment, which may include but is not limited to, invoices, contracts, estimates, payroll records, and financial records; (iii) Have no outstanding financial audit findings related to any of the moneys eligible for advance payment and be in good standing with the Franchise Tax Board and Internal Revenue Service;
(iv) Confirm compliance with all insurance terms of the TCC Grant Agreement and contract with the City of Richmond;

1 Added by Statutes of 2022, Chapter 569, Section 15 (AB 156). 136

(v) Confirm that all funds received as an advance payment will be deposited into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals.  Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and CGHC shall report interest earned on the advance payment to the City of Richmond and SGC;
(vi) Describe procedures that will be utilized to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds.  Further, demonstrate that any previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner;
(vii) Confirm that CGHC shall provide progress reports on the spend down of advanced funds no less than on a quarterly basis; and
(viii) Confirm that CGHC will provide progress reports following the expenditure of an advance payment that includes a summary of work completed, proof of expenditure, and other associated information.

CGHC shall provide money from advance payments to subrecipients in accordance with their grant program requirements. The City of Richmond requires CGHC to comply with all of SGC’s eligibility requirements.

All unused funding and interest earned provided as an advance payment, but not spent down within the grant timeline, shall be returned to the City of Richmond (and thus SGC).

3. Work Plan

TASK 1: Develop Site-Specific Evaluation with Grantee
Subtask Description Deliverables/Milestones Responsible Parties Timeline A Review the existing TCC Evaluation Plan and
framework
Outline for developing site-
specific evaluation plan
UC
Berkeley/CGHC
Project Manager
Month 1-4
B
Review draft local evaluation plan with Applicant
and Co-Applicants including final indicators,
process/qualitative data, proposed instruments,
comparison areas, and more as needed or
requested. Indicators will be created for each TCC
Funded Project, Transformative Plan, and
Leverage Project. Program indicators should also
include CARB required indicators, TCC General
Indicators, and those recommended by the
Applicant or Co-Applicants
Final Site-Specific Evaluation
Plan; Indicator Tracking Plan
UC
Berkeley/CGHC
Project Manager
Month 2-6
C Review all baseline data in Richmond, focused on
Richmond Rising. Update baseline data for 2023. Monitoring plan UC
Berkeley/CGHC
Project Manager
Month 2-5
TASK 2: Grantee Consultations and Ongoing Technical Assistance Subtask Description Deliverables/Milestones Responsible Parties Timeline A
Hold a kickoff meeting with the Grantee to discuss
the process and schedule for working together.

Grantee will be required to provide a point of
contact for the duration of the grant term.

Meeting summary, contact list
UC Berkeley
Project Manager
and TCC
Coordinator
Month 1-4
137

B
Develop qualitative reporting tools for implementing
orgs based on Evaluation Plan and Indicator
Tracking Plan (secondary and primary qualitative
data collection and analysis)
Data gathering tools
(qualitative)
UC
Berkeley/CGHC
Project Manager
Month 7-10
C
Develop quantitative reporting tools for
implementing orgs based on Evaluation Plan and
Indicator Tracking Plan (secondary and primary
quantitative data collection and analysis)
Data gathering tools
(quantitative)
UC
Berkeley/CGHC
Project Manager
Month 7-10
D
Draft trainings protocols; Develop and distribute
forms, reporting tools, and technical assistance
plan (i.e., a timeline and process for all data
collection activities) for Grantee and project
partners based on the finalized Evaluation Plan
and Indicator Tracking Plan.

Initial and annual updates to
technical assistance plan to
support grantee and partners
with gathering and reporting
of data
UC
Berkeley/CGHC
Project Manager
Month 7-10 and
annual updates
E
Collaboration protocols with grantee and partners,
including communication and methods for
collecting indicator data, time periods, and updates
on technical assistance needs during the grant
term
Grantee collaboration work
plan and schedule
UC
Berkeley/CGHC
Project Manager
Month 7-12
F Train local orgs in data collection and reporting Data collection workshops UC
Berkeley/CGHC
Project Manager
Month 10-13
TASK 3: Data Collection and Reporting
Subtask Description Deliverables/Milestones Responsible Parties Timeline A
Develop secure, online reporting portal and data
sharing using Tableau, linked to Transparent
Richmond
Online data collection portal
UC
Berkeley/CGHC
Project Manager
Month 10-13
B
Complete CARB-specific reporting templates for all
TCC-funded activities on GHG emission reduction
quantification, co-benefits, and jobs.

Completed CARB Reporting
UC
Berkeley/CGHC
Project Manager
Annually, May 15th
and November 15th
C
Provide an annual evaluation report, and
accompanying presentation (draft not required) that
summarizes and reports on the cumulative results
and/or progress of the TCC investments. The
annual reports will include qualitative and
quantitative data and analysis on the indicators
specified in the TCC Evaluation Plan, and how they
change over time compared to the baseline data.

Annual Report and
Presentation
UC
Berkeley/CGHC
Project Manager
Annually, draft on
January 15th, and
final on March 15th
D
Develop two case studies per year for each TCC
site. This could include a project spotlight or a
people/project profile to communicate TCC project
stories with the public and external stakeholders.

Each case study/profile will include brief copy,
quotes, and high-resolution photos.

Two (2) Case Studies
UC
Berkeley/CGHC
Project Manager
Annually, March
31st and November
30th
E
Collect and analyze data and feedback on the TCC
program. Write a report on the TCC program’s
design and provide key recommendations on the
implementation process.

Annual Process Evaluation
Memo
UC
Berkeley/CGHC
Project Manager
Annually, May 15
th
TASK 4: Project Closeout
Subtask Description Deliverables/Milestones Responsible Parties Timeline 138

A Conduct workforce development interviews and
focus groups Workforce summary
UC
Berkeley/CGHC
Project Manager
June 2028-April
2029
B Conduct community engagement interviews and
focus groups
Community engagement
summary
UC
Berkeley/CGHC
Project Manager
June 2028-April
2029
C Conduct displacement avoidance interviews and
focus groups
Displacement avoidance
summary
UC
Berkeley/CGHC
Project Manager
June 2028-April
2029
D Conclude the work and provide a final project
closeout report to CARB CARB Close-out reporting
UC
Berkeley/CGHC
Project Manager
Project
Performance
Period
E Develop a report including a complete evaluation of
TCC investment in the Project Area SGC final report
UC
Berkeley/CGHC
Project Manager
Project
Performance
Period

4. Budget

Cap/Threshold
Category Direct Costs Indirect

Cap/Threshold 88 - 100% 12%

Percent of
Request 100.0% 0.0%

Total $ 1,070,000.00 $ -

TASK # COST CATEGORY COST DESCRIPTION COST PER
UNIT ($) UNITS TOTAL PROJECT
COST

TOTAL TCC

GRANT FUNDS
TOTAL

LEVERAGE
1 Direct Costs
Final site-specific evaluation
plan; indicator tracking plan
(hours)
$ 100.00
1000
$ 100,000.00 $ 100,000.00 $
-
1 Direct Costs Monitoring plan (hours) $ 100.00 500 $ 50,000.00 $ 50,000.00 $ -
2 Direct Costs Data gathering tools
(qualitative) (hours) $ 100.00 1000 $ 100,000.00 $ 100,000.00 $ -
2 Direct Costs Data gathering tools
(quantitative) (hours)
$ 100.00
1000
$ 100,000.00 $ 100,000.00 $
-
2 Direct Costs
Initial and annual updates to
technical assistance plan to
support grantee and partners
with gathering and reporting
of data (hours)
$ 100.00
1000
$ 100,000.00 $ 100,000.00 $
-
2 Direct Costs Data collection workshops
(hours) $ 100.00 750 $ 75,000.00 $ 75,000.00 $ -
2 Direct Costs Grantee collaboration work
plan and schedule (hours) $ 100.00 750 $ 75,000.00 $ 75,000.00 $ -
3 Direct Costs Online data collection portal
(hours) $ 100.00 1000 $ 100,000.00 $ 100,000.00 $ -
3 Direct Costs Annual Process Evaluation
Memo (hours) $ 100.00 500 $ 50,000.00 $ 50,000.00 $ -
3 Direct Costs Completed CARB Reporting,
Annually (hours)
$ 100.00 750 $ 75,000.00 $ 75,000.00 $ -
3 Direct Costs Annual Report and
Presentation (hours) $ 100.00 1000
$ 100,000.00 $ 100,000.00 $
-
3 Direct Costs Two (2) Case Studies
Annually (hours) $ 100.00 500 $ 50,000.00 $ 50,000.00 $ -
3 Direct Costs Workforce summary $ 100.00 150 $ 15,000.00 $ 15,000.00 $ -
4 Direct Costs Community engagement
summary $ 100.00 150 $ 15,000.00 $ 15,000.00 $ -
4 Direct Costs Displacement avoidance
summary $ 100.00 150 $ 15,000.00 $ 15,000.00 $ - 139

4 Direct Costs CARB Close-out reporting $ 100.00 250 $ 25,000.00 $ 25,000.00 $ -
4 Direct Costs SGC final report $ 100.00 250 $ 25,000.00 $ 25,000.00 $ -
TOTALS:

$ 1,070,000.00 $1,070,000.00 $
-

140
Page | 1 Sole Source Form – Rev. May 12, 2016

City of Richmond
Sole Source Justification

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

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

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)

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

(if additional space is needed, include them in a separate page)

141
2 | Page

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

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

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

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

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

(if additional space is needed, include them in a separate page)

142
3 | Page

I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

Department: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________

--------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager)

Finance Director:

APPROVED: ____________________ DATE: ___/___/___

NOT APPROVED: ________________ COMMENTS:

____________________________ ______________________________ City Manager City Clerk Attesting to Council Approval (Under $10,000.00) (Over $10,000.00) (Copy of Minutes may be substituted)

Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

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

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

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

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

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

3. Features which exceed the minimum department requirements. 11 17 2023
143
Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 4 Grant Number: SGC23112, City of Richmond

Page 99 ends

Richmond City CouncilDecember 5, 2023

Richmond City Council
December 5, 2023