Richmond City Council
December 19, 2023

December 19, 2023

Community Development

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Kaitlyn Quackenbush, Housing Fellow
Subject:

Written Report of Draft Equitable Public Land Disposition Policy
FINANCIAL IMPACT: Currently, the policy development work of the Housing Fellow is funded by a Breakthrough Grant, received from the San Francisco Foundation for the period of June
2022-May 2024. As the policy is finalized, staff will
present on the expected budget for staffing related to
implementation and administration of the policy

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Currently, the City does not have a comprehensive policy to inform both process and priorities for the use of its property. The City of Richmond would benefit from an
established policy whereby the public and City staff have a common framework for how City-owned property will be
utilized to achieve public benefit. Furthermore, the use of public land for affordable housing is a state and regional strategy, and a local policy would align with those
processes and carry out the City’s housing goals and
objectives from the Housing Element. City staff is
providing a written report and will present an overview of the key components of an Equitable Public Land
Disposition Policy for the Council’s and public’s feedback at a future meeting in January.

AGENDA
REPORT
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December 19, 2023
RECOMMENDED ACTION: RECEIVE a written report regarding the Draft Equitable Public Land Disposition Policy that will be presented for discussion in January - Community Development
Department (Lina Velasco/Kaitlyn Quackenbush 510-
620-6841).

DISCUSSION:

Background

In 2021, the City, along with the community-based organization RichmondLAND, applied for a Breakthrough Grant from the Partnership for the Bay’s Future to: 1) design and implement strategies to enable community land trusts to acquire public land, 2) create an inventory of vacant and blighted properties, and 3) create a Public Land Policy package to encourage and enable production of permanently affordable housing.

Managed by the San Francisco Foundation, the Breakthrough Grant partners local governments with community organizations to ensure community voices are represented in the policy process. A housing policy fellow is also embedded in each entity to serve as a catalyst to advance policy innovation. The City of Richmond and RichmondLAND were awarded the grant, and a housing fellow was assigned in June 2022, for a 24-month period. The Equitable Public Land Disposition policy proposal is one of the grant’s key policy objectives for the City of Richmond.

The City of Richmond’s Affordable Housing Production and Need

The City of Richmond has made significant efforts to meet the needs of residents and generate affordable housing. In contrast to other Contra Costa County jurisdictions, during the 2015 to 2021 planning cycle, Richmond issued permits for 100 percent of its very low-income housing goal (438 Units) and 70 percent of its low-income housing goal (214 Units).1
Below is a map of the existing affordable housing developments within the City as of February 2022. The map shows the City has 27 affordable housing developments, totaling 3,788 units. Since the map was prepared, additional affordable housing units have come online, including the 150-unit Hacienda Heights development. Richmond’s affordable housing units are nearing 4,000 units and total 28 developments, with more approved. The approved projects include the 131-unit 100 38th Street project, proposed by Eden Housing and Community Housing Development Corporation and the 150-unit Metrowalk Phase 2 project proposed by Pacific West Communities, with several others also in the development pipeline. An important item to note is that qualifying low- income rental housing with rents 80% or below Area Medium Income, owned and operated by qualifying organizations, can seek a welfare exemption from property taxes, further reducing the City’s property tax revenue.

1 As of December 31, 2022, City of Richmond Annual Element Progress Report to CA Housing and Community Development Department.
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Despite considerable progress, Richmond’s history, demographics, and geography create distinctive and pressing requirements for affordable housing. Richmond has a more racially and ethnically diverse population than either Contra Costa County or the Bay Area as a whole. Overall, household income in Richmond is lower than that of Contra Costa County. Richmond’s median household income in 2019 was $68,472 compared to the County’s median income of $99,716. The concentration of high-income households in Richmond is lower than in the County and the region.2 As a result, Richmond experiences a higher demand and need for housing with subsidized rents than other Contra Costa County jurisdictions, and Richmond’s progress toward its Regional Housing Needs Allocation (RHNA) goals varies from many Contra Costa County jurisdictions, which tend to underproduce low-income housing and overproduce

2 Certified 6th Cycle Housing Element Update Appendix F (2023). Richmond, CA 383

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above-moderate income housing. Additionally, Richmond is often the first place lower- income people move to when relocating into Contra Costa County because of its lower housing prices.

Thus, while Richmond has a higher need for, and consequently concentration of, affordable housing, this fact attracts new residents to Richmond, which in turn, increases the competition for and cost of housing as well as the need for more affordable housing. This additional demand for housing contributes to rising rental and home prices in Richmond. Housing costs in Richmond grew considerably over the past decade. According to Zillow, between 2011 and 2020, the typical value of a Richmond home increased by 159 percent from $247,317 to $641,530. Additionally, between 2015 and 2019, Richmond median rent increased by 25 percent, from $1,102 to $1,381.3

Utilizing City-Owned Land to Address the Need for Affordable Housing

The City of Richmond currently owns over 100 vacant sites, and many more with structures or current city uses. In 2020, the City Council passed a resolution approving the City’s inventory of leased and owned properties pursuant to Government Code Section 50569 and declared 14 parcels as Surplus Land and 71 parcels as Exempt Surplus Land in accordance with the California Surplus Land Act. Today, these 14 parcels could be marketed and developed for affordable housing.

The Equitable Public Land Disposition Policy

Currently, the City does not have a comprehensive policy to inform both process and priorities for the use of its property. The City of Richmond would benefit from an established policy whereby the public and City staff have a common framework for how City-owned property will be utilized to achieve public benefit.

An Equitable Public Land Disposition Policy for affordable housing is a process and set of criteria established by a local government to lease or sell parcels of publicly controlled land at below market prices to improve affordability of housing and maximize public good. The reduced land price lowers the cost of development and allows for lower rents and greater affordability.

Utilizing Public Land for Affordable Housing is a State and Regional Strategy

The Equitable Public Land Disposition Policy is an integral part of a broader state and regional strategy for addressing housing affordability and land use. The Surplus Land Act – updated by AB1486 in 2020 – requires that unused public land be prioritized for affordable housing while reducing cost barriers to housing development. Public land reuse is one of the eight housing strategies identified in Plan Bay Area 2050 – the Bay Area’s long-range regional plan – to meet present and future housing needs.

3 ibid.
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According to Plan Bay Area 2050, reuse of public lands would provide 170,000 permanently affordable homes for low- and middle-income families, with homes in transit- and opportunity-rich communities across the Bay Area.

The City of San Francisco has a Public Land Policy, and the City of Oakland is currently developing a framework for a Public Land Policy.

Richmond’s Equitable Public Land Disposition Policy aligns with state and regional processes and carries out key policies and programs within the City’s 6th Cycle Housing Element Update (HEU).

Per City’s Housing Element Program 6.R: Equitable Public Land Policy, the City will conduct robust community engagement, including engaging a minimum of 300 residents from Richmond’s lower income neighborhoods by December 2023; adopt a new Equitable Public Land policy in consultation with Community Land Trusts, Limited Equity Cooperatives, and other non-profit entities that prioritize permanently affordable housing while supporting homeowner equity attainment and renter stabilization; or immediate and long-term housing solutions for unhoused residents; and issue annual Notice of Availability, for one to two parcels to provide a minimum of six units beginning September 2024.4

Richmond's Equitable Public Land Disposition Policy plays a vital role in a broader state and regional strategy aimed at addressing housing affordability and meeting local housing objectives.

Cross-Sector Collaboration

As part of the Partnership for the Bay’s Future Breakthrough Grant, the community engagement and policy development process is grounded in a cross-sectoral approach, bringing together leaders from the Richmond community and government to find the solutions. RichmondLAND, as the community partner to the City of Richmond, has worked to ensure that Richmond resident voices are represented in this policy process.

As partners, they support the Housing Fellow by helping them understand local context and build trust with the community, as well as providing input for the policy development process.

Community Engagement

The City of Richmond through its partnership with RichmondLAND began engaging Richmond residents about a possible public land policy in July 2022. From July to November 2022, the City of Richmond, in collaboration with RichmondLAND, initiated robust community engagement around a potential public land policy. First, through the Resident Advisory Council (RAC) for the Affirmatively Furthering Fair Housing (AFFH) initiative. Post-AFFH, the City intensified its commitment with Neighborhood Outreach and Community Meetings, fostering continuous direct communication with residents.

4 Ibid.
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Targeted efforts extended to Neighborhood Councils, and in September and October 2023, Focus Groups engaged Non-Profit Affordable Housing Providers and Richmond Community-Based Organizations, to glean insights for shaping the public land policy.

The ongoing Community Survey since August 2023 provides a platform for residents to voice opinions about development on City-owned land. Pop Up Events facilitated by the City and RichmondLAND staff further gathered community input. These efforts have empowered Richmond residents' priorities and needs to deeply inform the policy development process. In total, the City of Richmond and RichmondLAND have collectively engaged 350 residents and held over 30 community engagement meetings and/or focus groups.5

Why this is important to Richmond residents and Community-Based Organizations

Through the community engagement process, the City has surprised residents by revealing that it owns many of the vacant lots they have seen in their neighborhoods throughout their lives. When asked, residents asserted that publicly owned land should be utilized to address the housing crisis displacing their neighbors. Residents want opportunities to support and lead the solutions to address housing unaffordability and instability in the City of Richmond. Richmond CBO’s working on issues ranging from park development and environmental justice to housing justice are recognizing that residents need to be in the driver seat for development decisions.

Benefits

This policy represents a crucial step towards fostering a more inclusive, resilient, and vibrant community. The Equitable Public Land Disposition Policy serves as a comprehensive framework to guide the city's approach to the use of public land, ensuring that it is harnessed to maximize the public good. The Equitable Public Land Disposition Policy addresses the following:

Affordable Housing Crisis: Richmond, like many cities in California, is grappling with an escalating affordable housing crisis. Higher rents and housing costs have left a significant portion of the population struggling to secure stable, affordable housing.6 As of 2019, 56 percent of Richmond residents are rent burdened, meaning they pay more than 30 percent of their income on rent. 27 percent pay more than 50 percent of their monthly income on rent.7 The Equitable Public Land Disposition policy directly tackles this crisis by prioritizing affordable housing as a primary land use for city-owned land.

Displacement Prevention: According to the Urban Displacement Project, over 60 percent of low-income households in Richmond live in neighborhoods at risk of

5 Public engagement efforts are tracked for Breakthrough Grant purposes by the Housing Fellow and analyzed by the evaluation firm, Informing Change.
6 According to Zillow, as of April 2023, the Median Rent for a 2-bedroom apartment in Richmond is $2,400, while the Richmond Minimum Wage is $16.17. Someone working full time earning minimum wage, would have approximately $187 remaining after rent in an average month. 7Just Cities, LLC. (2022). (rep.). Affirmatively Furthering Fair Housing, Appendix F. Richmond, CA. 386

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gentrification and displacement.8 Residents with low income should have the opportunity to remain and thrive as new investments arrive in their neighborhoods. By incorporating community land trust development models, this policy creates a unique pathway for residents to access affordable housing while participating in community wealth-building. Community land trusts are a proven mechanism for achieving long-term affordability, preventing displacement, and facilitating intergenerational wealth transfer.9,10

Economic Resilience: The average disposable income for rent burdened households in Contra Costa County overall would have been $9,262 higher with no rent burden. If renters weren’t paying too much rent, they could spend more on family needs and in the community.11 Economic inclusion is a critical component of this ordinance. By ensuring affordable housing options for a broad range of income levels, the City actively contributes to the economic resilience of Richmond. Workers across various sectors, including essential services, can access affordable housing, reducing transportation costs and enhancing overall workforce stability.

Homelessness Reduction: The Equitable Public Land Disposition Policy plays a vital role in reducing homelessness. It directly addresses the homelessness crisis by providing stable, affordable housing options for individuals and families who are unhoused or at risk of becoming unhoused. This is a powerful strategy to connect vulnerable populations to housing and essential support services. Additionally, by increasing the supply of affordable housing, this policy will prevent more residents from becoming unhoused due to housing cost burden. This policy is an upstream solution to the homelessness crisis.

Social Equity and Inclusivity: The policy actively promotes social equity by making sure that affordable housing, as well as community land trusts, are accessible to all residents, regardless of their socioeconomic background. This approach combats the segregation of poverty by encouraging affordable housing developments in various parts of the city where City-owned land exists, fostering diverse and inclusive communities.

8 UC Berkeley Urban Displacement Project; American Community Survey | Bay Area Equity Atlas 9 Factors Affecting Spillover Impacts of LIHTC Developments: An Analysis of Los Angeles (January 3, 2023). Cityscape: A Journal of Policy Development and Research) 10 Nelson, K., DeFilippis, J., Kruger, R., Williams, O., Pierce, J., Martin, D., & Hadizadeh Esfahani, A. (2020). The Commodity Effects of Decommodification: Community Land Trusts and Neighborhood Property Values. Housing Policy Debate, 30(5), 823–842. https://doi.org/10.1080/10511482.2020.1768573. Also see: Ellen, Ingrid Gould & Ioan Voicu. “The Impact of Low Income Tax Credit Housing on Surrounding Neighborhoods: Evidence from New York City.” NYU Furman Center for Real Estate & Urban Policy Working Paper 07-02 (May 2007).

Smith, Brent C. “The Impact of Community Development Corporations on Neighborhood Housing Markets.” Urban Affairs Review 39:2 (Nov. 2003), pp. 181-204. Community Land Trusts for Sustainably Affordable Rental Housing Redevelopment: A Case Study of Rolland Curtis Gardens in Los Angeles Cityscape: A Journal of Policy Development and Research • Volume 24, Number 1 • 2022 11 Bay area equity atlas. Bay Area Equity Atlas. (n.d.). https://bayareaequityatlas.org/

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Health and Well-being: Access to stable, affordable housing is intrinsically linked to improved physical and mental health outcomes. Affordable housing is a critical factor in breaking the cycle of health disparities often associated with housing instability. This policy fosters healthier and more prosperous communities.

Educational Opportunities: Affordable housing near quality schools is an investment in the education of Richmond's youth. Stable housing leads to improved attendance rates and academic outcomes for children. This policy supports not only the well-being of residents but also the prospects of the city's youth.

Economic Stimulus: The development of affordable housing generates economic activity, creating jobs in construction and property management and stimulating local economies. This leads to increased consumer spending and further economic benefits for the city.

Long-term Sustainability: The Equitable Public Land Disposition Policy represents a long-term commitment to providing stable, affordable housing for generations to come.

By securing stable housing for all residents, the city builds a foundation for long-term growth and resilience, ensuring that Richmond remains a thriving and equitable community.

Future Implementation

In order to make the Equitable Public Land Disposition Policy real for the City and Richmond residents, City staff anticipate implementation to include the following key steps: form an Implementation Oversight Committee or identify lead staff person for implementation; create a Monitoring and Evaluation Framework to gauge impact, develop a detailed Request for Proposals (RFP) for potential developers; establish clear Selection Criteria, publish the RFP to attract proposals; form a diverse Review Committee for proposal evaluation; negotiate with and select developers; and conduct an evaluation of the implementation process.

The Housing Fellow will implement at least one Request for Proposals (RFP) for a City- owned site and based on that process, will develop a detailed plan for implementing the policy going forward. This plan will include an analysis of staffing needs to bring to the City Council, ensuring sustainable implementation of the Equitable Public Land Disposition Policy.

ENVIRONMENTAL REVIEW: This presentation and overview of the Land Disposition Policy is not a project subject to the California Environmental Quality Act (CEQA). Any project constructed because of this policy will be evaluated under CEQA, as applicable.

NEXT STEPS: City staff will present the draft policy in January for City Council input and will prepare edits to the policy addressing comments and questions received.

Accordingly, City staff will prepare the Public Land Disposition policy for City Council’s consideration and approval in early 2024.
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DOCUMENTS ATTACHED:

Attachment 1 – DRAFT Equitable Public Land Disposition Policy Framework Attachment 2 – Analysis of Lease Vs. Sale of City-Owned Land Attachment 3 – Public Land Disposition Policy Best Practices

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1 DRAFT Equitable Public Land Disposition Policy Framework

An Equitable Public Land Disposition Policy for affordable housing is a process and set of criteria established by a local government to lease or sell parcels of publicly controlled land at below market prices to improve affordability of housing and maximize public good. The reduced land price lowers the cost of development and allows for lower rents and greater affordability.

The City of Richmond’s Equitable Public Land Disposition Policy proposal outlines the goals for developing affordable housing on city-owned land and criteria to guide the process to select and then lease or sell parcels of surplus city-owned land in order to prioritize the creation of affordable housing, with a strong preference for development proposals that maximize affordability and create permanent affordability through a community land trust development model. This DRAFT policy framework includes policy goals, a summary of the policy purpose, key definitions, and key policy parameters to be considered for a final policy.

1. Policy Goals

1.1. Maximize public good on public land.

1.2. Preserve housing affordability for longtime Richmond residents.

1.3. Ensure generational housing security through permanent affordability, utilizing 99-year ground leases, and/or innovating housing models such as community land trusts.

1.4. Proactively prevent gentrification and the displacement of Richmond residents.

2. Policy Purpose

2.1. Establish Policy Standards: The primary purpose of this policy is to establish a set of standards to guide the City's process for the disposition, which can include either the lease or sale of city-owned land, ensuring alignment with the goals of the Equitable Public Land Policy.

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2 2.2. Maximize Permanently Affordable Housing1,2: The policy sets forth a clear objective that all housing built on public lands in Richmond should maximize the amount of affordable housing at extremely low, very low-, low-, and moderate- income affordability levels, and ideally produce permanent affordable housing.

2.3. Promote Community Serving Uses: In addition to maximizing affordable housing potential, this policy supports the development of neighborhood serving commercial and recreational spaces such as community gardens, playgrounds, grocery stores, community centers, and other businesses/services that contribute to the health, education, safety, and general wellbeing of residents. Projects will be favored where commercial uses promote community control by utilizing co-operative ownership models.

2.4. Ensure Transparency and Community Involvement: The policy aims to ensure transparency in the City's property lease or disposition process and requires the active involvement of local communities in the entire process, including developer selection, proposal review, and the project development itself.

2.5. Sustain Inventory Maintenance: The policy requires that the City establish a standardized process for assessing City-owned land, including a staff lead, and, that no later than one year following approval of the policy, begin providing an annual inventory of surplus and underutilized sites for City Council and public notice, promoting efficient land use.

2.6. Promote Community Control: The City seeks to promote community-controlled permanent affordable housing, favoring project proposals that meet or exceed affordability requirements and establish community ownership and/or permanent affordability through a 99-year ground lease, Community Land Trust, or similar model.

2.7. Enable Land Discounts: Projects that meet the criteria of the "Equitable Public Land Policy" and maximize affordability may receive land discounts if the reduced development costs enable housing affordability beyond minimum requirements.

1 The Public Land Policy aligns with the City of Richmond's Affirmatively Furthering Fair Housing (AFFH) Analysis from the 6th Cycle Housing Element Update. It addresses Fair Housing Contributing Factors, such as market-force displacement and the lack of historic public investments in specific neighborhoods.

To tackle displacement due to rising rents, the AFFH analysis recommends expanding land trust programs and prioritizing affordable housing development in public land policies. The Public Land Policy also aims to counter historic disinvestment in low-income neighborhoods of color by repurposing vacant City-owned parcels for community-serving affordable housing. 2 The Public Land Policy complements other City of Richmond development initiatives, including the Inclusionary Ordinance and the 6th Cycle Housing Element Sites Inventory. The Sites Inventory, which identifies potential sites for housing development across the city, proposes diverse development, including moderate, mixed, and above-moderate sites in neighborhoods with surplus city-owned land. By promoting affordable housing on this surplus land, the aim is to ensure these neighborhoods have a range of housing options, not limited to moderate and above-moderate or low-income alone.

Simultaneously, the Inclusionary Ordinance secures affordable housing opportunities in higher -income and resource-rich neighborhoods. Collectively, these policies and plans work together to provide affordable housing options for low-income and housing-cost-burdened households throughout the City of Richmond. See AFFH Appendix F 151-156.
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3 2.8. Codify Anti-Speculation Measures: Conveyances of city-owned property under this policy must include covenants that prohibit any developer from reselling, transferring, or subleasing the property at a profit, incorporating "anti-speculation" requirements.

3. Definitions

3.1. Equitable development, also known as "equity-centered development," is an approach to urban planning, policymaking, and community development that aims to create more just and fair outcomes for historically marginalized residents.

Importantly, this differs from equality which focuses on treating everyone the same. Instead, equity seeks to address disparities in access to resources, opportunities, and quality of life generated by historic and current structural inequalities, ensuring that everyone has the same opportunity to succeed by accounting for and addressing differences in circumstances.

3.2. Community Controlled Housing refers to housing developments that are owned, managed, or governed by a local community or a community-based organization, rather than by private landlords or corporations. In such housing arrangements, the community or a community-based entity has a significant say in decision-making related to the housing, including ownership, maintenance, rent levels, and tenant selection. The primary goal of community-controlled housing is to provide affordable and stable housing options while allowing the community itself to have a more direct influence on the management and policies of the housing units. This approach is often seen as a way to address housing issues and strengthen local communities by empowering residents to take control of their housing needs and promote long-term community stability. Community- controlled housing can take various forms, such as housing cooperatives or community land trusts.

3.3. Permanent Affordability is a real estate arrangement in which a piece of land is leased to a property owner or developer for a period of 99 years while retaining control over the land itself. The primary objective of this model is to ensure the long-term affordability of housing or other developments on the leased land. Key features of this concept include:

3.3.1. Ground Lease: The landowner (which may be a government entity, nonprofit organization, or community land trust) enters into a ground lease agreement with the developer or property owner. This lease typically spans 99 years, effectively granting the lessee the right to use and develop the land for an extended period.

3.3.2. Affordability Provisions: The ground lease agreement includes provisions that enforce affordability restrictions for the development. These restrictions could include rent or resale price caps, income limits for occupants, or other mechanisms designed to keep the property affordable for the duration of the lease.

3.3.3. Long-Term Commitment: The "99-year" aspect of the model signifies a long-term commitment to maintaining affordability. By retaining ownership of the land and imposing affordability conditions, the entity controlling the 392
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4 land can prevent market-driven price increases or speculative activities that might otherwise threaten affordability.

3.3.4. Community Stewardship: In many cases, the entity controlling the land, such as a land trust or government agency, plays a role in managing and stewarding the property to ensure that it continues to meet the needs of the community and adheres to the affordability provisions.

3.4. The 99-year ground lease model is a strategy used to create and maintain permanently affordable housing or community assets, preventing gentrification and displacement in rapidly changing real estate markets. It allows for homeownership or occupancy with a strong focus on preserving affordability and community stability over an extended period. See permanent affordability.

3.5. Community Land Trust A community land trust (CLT) is a nonprofit, community- based organization that acquires and holds land for the benefit of a specific community or neighborhood. The primary goal of a community land trust is to provide and preserve affordable housing, as well as other community assets, in perpetuity. Note, this is not the same as a land trust focused on the conservation of open space. The key features of a community land trust typically include:

3.5.1. Ownership of Land: The CLT owns and maintains ownership of the land on which housing and other structures are built. This land is usually held in trust, preventing it from being sold for speculative purposes.

3.5.2. Affordable Housing: Community land trusts develop, sell, or lease housing units on the land to individuals or families within the community at affordable prices, often with income restrictions in place to maintain affordability.

3.5.3. Community Governance: Community members often have a strong say in the decision-making processes of the CLT. This can include involvement in setting rental or resale prices, managing the trust, and participating in the governance of the organization.

3.5.4. Permanence: CLTs are designed to ensure the long-term affordability and community benefits of the land and housing. Restrictions are typically placed on resale prices to prevent excessive profit and to maintain affordability for future generations.

3.5.5. Stewardship: CLTs are responsible for the stewardship of the land, ensuring that it remains a valuable community resource. They may also be involved in community development and other community-building activities.

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5 3.6. Limited-Equity Cooperative is a type of housing cooperative in which the resale value of individual member-owned units is limited, typically by a predetermined formula or agreement. The primary purpose of limited equity co-ops is to maintain long-term housing affordability for their members while also promoting cooperative ownership and democratic decision-making. Key characteristics of a limited equity housing cooperative include:

3.6.1. Affordable Ownership: Members of the cooperative purchase shares or memberships in the cooperative, which entitle them to occupy a housing unit within the cooperative. The purchase price for these shares is usually set at an affordable level to make homeownership accessible to a wider range of income levels.

3.6.2. Resale Restrictions: To maintain affordability and prevent excessive profiteering, limited equity co-ops impose resale restrictions on the units.

These restrictions typically limit the resale price to a predetermined formula or a modest rate of appreciation. The intention is to keep the units affordable for future members.

3.6.3. Democratic Governance: Limited equity co-ops operate under a democratic governance structure, where members have a say in the decision-making processes of the cooperative. Members often participate in meetings and voting on cooperative policies and practices.

3.6.4. Community Stewardship: Limited equity co-ops are often committed to the long-term stewardship of the housing community, ensuring that it remains affordable and well-maintained for current and future residents.

3.6.5. Support for Low and Moderate-Income Households: Limited equity co-ops are designed to serve the housing needs of low and moderate-income households, offering a form of homeownership that is more accessible than traditional market-rate housing.

3.7. Local Community Presence refers to an entity that can demonstrate engagement with Richmond residents on their development project; participates in local community events; can receive at least 3 letters of recommendation from local community members or local nonprofits that speaks to the local presence of the developer.

3.8. Community-Led Development is a development approach in which local community members work together to identify goals that are important to them, develop and implement plans to achieve those goals, and create collaborative relationships internally and with external actors—all while building on community strengths and local leadership. Key elements of this approach are the participation and amplification of the voice of all residents particularly those marginalized by the housing system, inclusive collective planning and building transformative capacity where residents by creating a vision for themselves and designing pathways to achieve that vision see themselves as agents who can affect change and have greater ownership in their community.

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6 3.9. Affordable Homeownership refers to the ability of individuals or families to purchase and maintain a home without experiencing excessive financial burden.

Achieving affordable homeownership involves several factors and strategies.

These include community land trusts, limited-equity and or shared-equity models.

Other strategies including access to affordable financing, down payment assistance, and mortgage assistance may also be used.

4. Policy Parameters

4.1. Alignment with State Law: The policy acknowledges the relevance of State law, including Government Code Section 54227 et seq. (the "State Surplus Land Act"), in the disposition of surplus City Property. Under the State Surplus Land Act, certain procedures must be followed to designate land surplus or surplus exempt and when disposing of surplus real property, especially when affordable housing developers approved by the California Housing Finance Agency (CALHFA) are involved.

4.1.1. Exempt Surplus Land: If the City declares land to be exempt surplus land pursuant to Govt Code 54221(f)(1)(A) because the land will be restricted for development of affordable housing in compliance with Government Code Section 37364, then the following provisions of this Policy will not apply; however compliance with (4.3.4) Transparency and Community Involvement; (4.3.5) Financial Strength, Capacity and Development Experience; and (4.3.6) Covenant for Affordable Housing will be required.

4.2. Compliance with Richmond’s Community Benefit Law (ARTICLE 15.04.816):

The policy acknowledges the relevance of the City of Richmond’s Community Benefit Law, Article 15.04.816 of the Municipal Code, for certain large developments for which public or private parties negotiate voluntary agreements with the City. Under the Community Benefit Law, certain procedures must be followed, and baseline community benefits met. This strategic alignment underscores Richmond’s commitment to upholding the principles of the Community Benefit Policy. By ensuring adherence to the established law, Richmond aims to promote social equity and economic progress, creating a more inclusive and sustainable community that benefits all residents.

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7 4.3. Proposal Solicitation and Evaluation: The City will solicit competitive requests for proposals from CalHFA “Housing Sponsors”, as defined by Health and Safety Code Section 50074, that have notified the California Housing and Community Development Department (HCD) of its interest in surplus land. The selection panel will evaluate and rank qualifying responses to the competitive bidding process based on each respondent’s relevant ability and preparedness to develop the property, their financial strength, and their status as a non-profit developer with a history/record of serving Richmond residents. In addition, scores will be allocated based upon the project’s responsiveness to this policy’s goals of maximizing affordability and/or establishing permanent affordability through a 99-year ground-lease; providing community-ownership, affordable homeownership or shared-equity housing; and promoting community serving commercial and recreational uses, as outlined below.

4.3.1. Local Non-Profit Preference: The City’s evaluation will give preference to 501(c)3 nonprofit entities or development partnerships that include at least one 501(c)3 non-profit entity. Furthermore, priority will be given to non-profit entities that have a local community presence and positive history/record of serving Richmond residents or have strong community ties with the City.

4.3.2. Promotion of Community-Controlled Permanently Affordable Housing: The policy strongly promotes community-controlled permanently affordable housing, reflecting the city's commitment to establishing equitable, stable, and community-centric housing solutions.

Project selection will prioritize proposals that maximize rental affordability and/or establish permanent affordability through a 99-year ground-lease; provide community-ownership, affordable homeownership or shared- equity housing that can be achieved for low-income families with sustainable subsidy levels. Project selection must meet minimum affordable housing requirements (25%) and prioritize the deepest affordability levels as established by the State Surplus Land Act.

4.3.3. Promotion of Community Serving Commercial/Mixed, Open/Green, and Recreation Uses: The incorporation of community serving commercial and recreational spaces such as community gardens, playgrounds, grocery stores, community centers, and other civic or open spaces will be considered. See 15.04.406.040 Mix and Design of Civic and Open Spaces of Livable Corridors Form Based Code for detailed definition, types, and standards.

4.3.4. Transparency and Public Involvement: The policy underlines the importance of transparency and community involvement in the property lease or disposition process, ensuring that the public's interests and concerns are considered. The project selection panel will include at least two Richmond residents impacted by the housing crisis. Additionally, through active public participation, developers must involve communities most impacted by the housing crisis in the visioning and design of the projects and make sure community priorities shape the overall plans. This can include (1) outreach through mailers (2) at least two public forums (3) and other ongoing feedback mechanisms.
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Attachment 1: DRAFT Equitable Public Land Disposition Policy Framework - City Council Study Session December 19, 2023
8 4.3.5. Financial Strength, Capacity and Development Experience:

Proposals must demonstrate the developer’s financial strength, capacity, and experience in accordance with the City’s Request for Proposal’s Requirements as described below.

4.3.5.1. Financial Strength & Capacity: The City of Richmond seeks project financing plans that are cost-effective but propose realistic assumptions for both costs and sources. Proposals will be rated on readiness and realistic success of funding strategies that are presented for completing the rehab/development of the proposed units in a timely manner. Bidders will need to present financial records to verify their capacity to develop the units.

4.3.5.2. Developer Experience: The City of Richmond will request descriptions of the development team experience. This may include the organization’s track record of carrying out similar projects, the organization’s role in these past projects, a list of comparable projects and a contact person/reference for each, the role key members of the proposed development team played in these past projects (if any) and/or a description of the partners in these projects.

4.3.5.3. Developer Capacity: The City of Richmond will request descriptions of the development team’s capacity, including planned roles, responsibilities, and allocation of staff time of each identified team member. As well as previous experience (if any) with community revitalization, construction of affordable housing development, and previous experience working with socio- economically diverse populations.

4.3.5.4. Local Emerging Affordable Housing Developers: This policy recognizes the importance of emerging affordable housing developers. While these developers may not have the same level of experience or market presence as more established firms, local emerging developers are likely to bring innovative approaches and fresh perspectives to affordable housing development. They may explore new design concepts or financing models to address challenges in creating affordable housing, and often have a strong local focus, concentrating on specific communities or regions where they have a more intimate understanding of housing. The City's proposal assessment process will explicitly consider a developer's emerging status when evaluating both financial capacity and developer experience.

4.3.6. Covenant for Affordable Housing: Disposition of City-owned land under the Equitable Public Land policy, whether a lease or sale, must include covenants that require the property to be used for affordable housing and prohibit any developer from reselling, transferring, or subleasing the property at a profit, ensuring the long-term affordability and protection against speculation.
397
Attachment 1: DRAFT Equitable Public Land Disposition Policy Framework - City Council Study Session December 19, 2023
9 4.3.7. Reduction of Development Costs: Projects that meet the policy criteria and maximize affordability will be considered for land discounts if the reduced development costs enable the housing affordability. The provision of land discounts to projects that meet affordability and equity criteria aims to reduce development costs, ultimately leading to more accessible and affordable housing options.

4.3.8. Authorization to Develop Departmental Rules: This Policy may be amended over time to reflect changes in the City’s and its communities' needs and evolve with the rapid and often dramatic changes in applicable laws. The Director of Community Development or designee is directed and authorized to make non-substantive changes to make the Equitable Public Land Policy internally consistent or to address any non-substantive changes or amendments requested by City Council.

4.3.9. Reversion Clause: If a successful bidder fails to meet the Public Land Policy requirements, to execute significant elements of its proposed plan, or to proceed in a timely manner to develop the project, the City of Richmond reserves the right to rescind the transfer/sale of the units to the developer and re-market the units.

4.3.10. Severance Clause: This policy is intended to be consistent with state law. Any provision of this policy that is determined by a court of competent jurisdiction to be unconstitutional or invalid, shall not affect the validity of the remaining provisions of this policy. The unconstitutional or invalid provision shall be considered severed from this ordinance, and the remainder of the ordinance shall continue in full force and effect.

By incorporating these parameters into the Equitable Public Land Disposition Policy, the City of Richmond is poised to establish a robust policy framework that prioritizes affordable housing, community control, and long-term affordability. This policy framework seeks to address the critical housing needs of the community while fostering economic and social equity. 398
Attachment 2: Analysis of Lease Versus Sale of City-Owned Land - City Council Study Session December 19, 2023
1 Analysis of Trade-Offs: Leasing Versus Selling City-Owned Land Under the Equitable Public Land Policy, should the City of Richmond lease or sell surplus City- owned land? Selling and leasing city-owned land both have their advantages and disadvantages, and the decision between the two options depends on the City's specific goals, financial situation, and long-term vision. The City of Richmond may also explore hybrid approaches, such as ground leases with purchase options, to balance immediate needs with long-term control.

While it will be important to weigh the advantages and disadvantages of a lease or sale for each specific City-owned site, the proposed Equitable Public Land Disposition Policy includes important safeguards to ensure that development on City-owned sites always meets the policy goals of maximizing affordable housing and public benefit. First, the proposed policy parameters include an Anti-Speculation Measure, requiring that all conveyances of city-owned property under this policy must include covenants that prohibit any developer from reselling, transferring, or subleasing the property at a profit, incorporating "anti-speculation" requirements. Additionally, the proposed policy parameters include a Reversion Clause, stating that if a successful bidder fails to execute significant elements of its proposed plan, or to proceed in a timely manner to develop the project, the City of Richmond reserves the right to rescind the transfer/sale of the units to the developer and re-market the units.

The analysis below outlines trade-offs for the City to consider when determining whether the sale or lease of land would better achieve the purpose of the Equitable Public Land Disposition Policy.

I. Advantages of Selling City-Owned Land:

A. Possible Immediate Revenue: Selling land would generate immediate revenue, unless transferred at no cost.

B. Reduced Responsibility: The City is relieved of ongoing ownership responsibilities, such as maintenance, property taxes, and liability, which can help reduce operational costs.

C. Flexibility: The buyer usually assumes control over the land, allowing the city to use the proceeds for other projects or investments.

II. Disadvantages of Selling City-Owned Land:

A. Loss of Control: Once the land is sold, the city relinquishes some control over its future use and development, which may not align with long-term community goals. However, it should be noted that under the Equitable Public Land Disposition Policy, sale of City-owned land must include covenants that require the property to be used for Affordable Housing and prohibit any developer from reselling, transferring, or subleasing the property at a profit, ensuring the long-term affordability and protection against speculation. Moreover, the policy includes a reversion clause providing the City with the right to rescind the sale or lease of land if the developer fails to execute significant elements of its proposed plan, or to proceed in a timely manner to develop the project.

B. Limited Revenue Stream: The city loses the potential for ongoing revenue from leasing the land.
399
Attachment 2: Analysis of Lease Versus Sale of City-Owned Land - City Council Study Session December 19, 2023
2 C. Limited Future Options: If the City's needs change in the future, it may not have access to the land it previously owned.

III. Advantages of Leasing City-Owned Land:

A. Potential Steady Revenue Stream: Even if leased at a discount to facilitate affordable housing development, leasing land provides a consistent income stream over the lease term.

B. Retention of Ownership: The City retains ownership and control over the land, allowing it to guide its future use and development according to community needs without having to monitor affordability covenants or utilize reversion rights.

IV. Disadvantages of Leasing City-Owned Land:

A. Limited Immediate Revenue: Leasing typically generates less upfront revenue compared to selling the land outright, which may limit the City's ability to fund immediate projects.

B. Ongoing Management: The City remains responsible for property maintenance, management, and may need to address issues related to property taxes and liability. Leasing also requires staff resources to monitor the lease requirements overtime and regulate any sublease agreements.

C. Could Restrict Development Opportunities: Without a clear ownership deed, certain developers might face challenges in fulfilling lender criteria to secure essential project funding, potentially limiting their development potential. Additionally, leasing the land is not compatible with certain affordable housing ownership models.

V. Development Criteria for a Lease Versus a Sale Under Public Land Policy

A. Under the Equitable Public Land Disposition Policy, the City of Richmond could establish criteria to guide the decision to lease or sell city-owned land. The RFP Selection Panel could evaluate and rank qualifying responses to the competitive bidding process for lease versus sale based upon such criteria. City Staff will propose criteria to be considered by the City Council.

400
Attachment 3: Public Land Policy Best Practices
1 I. Best Practices
Best practices for public land policies involve principles that ensure transparent, equitable, and community-centric land use, maximizing public benefit. Best practices research is based upon the examination of existing public land policy models in San Francisco, Oakland, Irvine, and Washington D.C. as well as public land policy best practice research and technical assistance documents. Here are some of the key best practices:

Community Engagement: Involve local communities and stakeholders in the planning and decision-making processes for public land. This fosters transparency, builds trust, and ensures that community needs and preferences are considered.

Affordable Housing Prioritization: Prioritize the development of affordable housing on public land, particularly for very low, low, and moderate-income households. Affordable housing is often a critical need in many communities.

Permanence and Affordability: Promote permanent affordability through mechanisms such as community land trusts or long-term affordability covenants. This ensures that the benefits of affordable housing endure over time.

Transparency: Maintain clear and accessible records of land disposition processes, decisions, and outcomes. Transparency is essential for public accountability.

Alignment with State Laws: Ensure that public land policies align with state laws, especially when it comes to the disposition or lease of surplus land.

Public Benefit Assessment: Conduct assessments to evaluate the public benefit derived from land lease or disposition. This can include economic and social assessments to inform decision- making.

Competitive Bidding: Use competitive processes, such as request for proposals (RFPs) to select developers or entities for public land projects. Competitive bidding can help secure the best value and benefits for the community.

Anti-Speculation Measures: Implement measures that discourage land speculation by developers. These measures can include restrictions on reselling, transferring, or subleasing property at a profit.

Equity Considerations: Prioritize equitable development that addresses historic and current socioeconomic disparities and ensures that the benefits of public land use are accessible to all residents, regardless of socioeconomic background.

401
Attachment 3: Public Land Policy Best Practices
2 Data Transparency: Make information on public land availability, usage, and development plans readily accessible to the public. Digital platforms and open data initiatives can help achieve this.

Long-term Planning: Incorporate public land use into comprehensive long-term city planning and zoning processes. Public land should align with broader city development goals.

Sustainability: Emphasize environmentally sustainable practices in public land use, such as transit-oriented development, green infrastructure, and energy-efficient building standards.

Evaluation and Adaptation: Regularly evaluate the effectiveness of public land policies and be willing to adapt them as needed to address changing community needs and circumstances.

Legal Safeguards: Establish legal safeguards, including anti-corruption measures and to ensure the integrity of public land disposition processes.

Interagency Collaboration: Foster collaboration among city agencies, nonprofits, and housing authorities to ensure a holistic approach to affordable housing development and community services.

402

December 19, 2023

Community Development

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager
Subject:

Sole-Source Contract with NELB Consultants, LLC for
On-Call Economic and Financial Analysis Services
FINANCIAL IMPACT: Funds for this contract related to real property negotiations will be charged to developers to facilitate applicant proforma review and evaluation. For City-
proposed projects that require proforma review or
preparation will be funded using the Planning division’s professional services funds as budgeted in account string 15061219-400201.

PREVIOUS COUNCIL
ACTION:

November 1, 2022; May 16, 2023

STATEMENT OF THE
ISSUE:

The owner of David Paul Rosen & Associates (DRA), a
financial advisor for the Community Development
Department, is retiring. The Community Development
Department is still in need of the expertise of the
remaining financial advisors of the DRA firm. These
former DRA employees are transitioning to a new
company, NELB Consultants, LLC (NELB). To ensure
continuity of these projects, City staff is requesting City Council approval of a sole-source contract with NELB.

RECOMMENDED ACTION:

APPROVE a sole-source contract with NELB Consultants
LLC, for an amount not to exceed $200,000, to continue
to support the City in financial and economic analyses
related to real property negotiations and project
evaluation, with a term beginning December 19, 2023,
and ending December 31, 2025 – Community
Development Department (Lina Velasco 510-620-
6706/Jesus Morales 510-621-1220).

AGENDA
REPORT
403

December 19, 2023

DISCUSSION:

On November 1, 2022, the City Council approved an on-call contract with three financial consulting firms, including David Paul Rosen & Associates (DRA). The original contract was for $50,000 and an amendment adding $150,000 was approved by City Council on May 16, 2023. DRA was working on the review of the proformas for the Metrowalk Phase II project, Miraflores, and 12th and Macdonald, and assisting the City in the review of the budget/proforma for a Project Homekey application.

The owner of DRA is retiring and closing the firm. The Community Development Department is still in need of the expertise of the remaining financial advisors of the DRA firm to provide continuity on projects that are in progress. Certain former DRA employees are transitioning to a new company, NELB Consultants, LLC (NELB).

The ability to complete projects with the past DRA advisors, via their new firm NELB, will be important to ensure timely project completion, especially for in-progress projects.

Therefore, Community Development staff is proposing a sole-source contract with NELB, for a total not-to-exceed amount of $200,000, to continue to support the City in financial and economic analyses related to real property negotiations and project evaluation, with a term from December 19, 2023, through December 31, 2025.

Additional funds are needed to complete the evaluation of the above projects. The City’s Homekey grant application is still under review by the State; however, if awarded, City staff and consultants will need to complete project and application materials quickly.

DOCUMENTS ATTACHED:

Attachment 1 – Sole-Source Contract with NELB
Attachment 2 – Sole-Source Justification
404

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties.

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Ex
piration Date:

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

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

3. Payment Limit.

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

4. Contractor’s Obligations.

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

5. City's Obligations.

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

405

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
406
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
407
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 408
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

409
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 410
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. 411
General Conditions/EJ/TE 01-19-11 3 of 13

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

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 412
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 413
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.

414
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 415
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 416
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 417
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 418
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.

419
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 420
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.

421
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. 422
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

423
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

424
___ 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.
425
___ 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.

426
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

427
Excluded
Berkshire Hathaway Direct Insurance Company 10391
08/25/2023
NELB Consultants LLC
41685 Calle Pino
Murrieta, CA 92562
X
X
X
N9BP604029 08/26/202308/26/2024A 5,000
1,000,000
50,000
2,000,000
2,000,000
NELB Consultants LLC
41685 Calle Pino
Murrieta, CA 92562
BIBERK
P.O. Box 113247
Stamford, CT 06911
Professional Liability (Errors &
Omissions): Claims-Made
Per Occurrence/
Aggregate
203-654-3613844-472-0967
[email protected]
A
X
A
08/26/2023 08/27/2024
08/26/2023 08/27/2024
1,000,000
1,000,000
$2,000,000/
$2,000,000
N9PL709416
N9UM605364
The City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
The City of Richmond is listed as additional insured as it pertains to general liability (see endorsement attached) 428
08/25/2023
Berkshire Hathaway Direct Insurance Company
X
X
*
*
* ALS up to 12 months.
0 0
08/26/2023 08/26/2024
NELB Consultants LLC
41685 Calle Pino
Murrieta, CA 92562
N9BP604029
Bldg #001: Advertising and Related Services (Office) - 6365101 Location: 41685 Calle PinoMurrieta, CA 92562
n/a
n/a
n/a
NELB Consultants LLC
41685 Calle Pino
Murrieta, CA 92562
BIBERK
P.O. Box 113247
Stamford, CT 06911
541810
250
(203) 654-3613
[email protected]
(844) 472-0967
The City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
429
POLICY NUMBER: N9BP604029 BUSINESSOWNERS
BP 04 48 01 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 48 01 06  ISO Properties, Inc., 2004 Page 1 of 1 

ADDITIONAL INSURED – DESIGNATED PERSON

OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s):

The City of Richmond
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph C. Who Is An
Insured in Section II – Liability:

3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in par t, by your acts or omi s-
sions or the acts or omissions of those acting on
your behalf in the performance of your ongoing
operations or in connection with your premises
owned by or rented to you.
430
NELB Consultants LLC
41685 Calle Pino
Murrieta, CA 92562
431
POLICY NUMBER:N9BP604029 BUSINESSOWNERS
Date Processed: 08/28/2023 BP 12 01 07 02

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 12 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 2 

BUSINESSOWNERS POLICY CHANGES

NELB Consultants LLC

41685 Calle Pino
Murrieta, CA 92562

THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW.

POLICY NUMBER
N9BP604029

POLICY CHANGES EFFECTIVE
08/26/2023

COMPANY
Berkshire Hathaway Direct Insurance
Company

NAMED INSURED
NELB Consultants LLC

AUTHORIZED REPRESENTATIVE

CHANGES

Additional Insured - Designated Person or Organization
Added Name of Person or Organization: The City of Richmond Address: 450 Civic Center Plaza
City: Richmond
State: CA
Zip: 94804

Policy Forms
Added Additional Insured - Designated Person or Organization (BP 04 48 01 06)

432

POLICY AMOUNT AND PREMIUM ADJUSTMENT
Limits Of Insurance Premiums
Coverage
Description
Previous Limit
Of Insurance
New Limit
Of Insurance
Previous
Premium
New
Premium


Add'l Premium
Return Premium
$ $ $

TOTAL PREMIUM ADJUSTMENTS

PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE

ADDITIONAL RETURN
$ 0.00 $ 0.00

REMOVAL
PERMIT
If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each location during the removal. Co v- erage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location.

433
POLICY NUMBER: N9BP604029 BUSINESSOWNERS
BP 04 48 01 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 48 01 06  ISO Properties, Inc., 2004 Page 1 of 1 

ADDITIONAL INSURED – DESIGNATED PERSON

OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s):

The City of Richmond
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph C. Who Is An
Insured in Section II – Liability:

3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in par t, by your acts or omi s-
sions or the acts or omissions of those acting on
your behalf in the performance of your ongoing
operations or in connection with your premises
owned by or rented to you.
434

EXHIBIT G
435
HI-l.m5.Tll~'
City of Richmond
Sole Source Justification
TfflS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing 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: NELB Consultants, LLC _ Contact Name: Nora Lake-Brown Address: 41685 Calle Pino
City: Murrieta _ State: _GA_Zip Code: 94652
Phone Number (949 ) 230-3391 E-Mail [email protected] Duration of Contract: December 19, 2023 - December 31, 2025 Estimated Cost: $ 200,000 _ Funding Source (Account String) 1516219-400201 Is the product/service IT related? Yes_No x _ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_ No x 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) NELB Consultants, LLC will provide on-call Financial and Development Advisory Services to Community Development and other City Departments.

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.

Nora Lake-Brown was an associate of David Rosen & Associates (DRA), one of the firms providing these services. Ms. Lake-Brown has been working on numerous city projects. DRA has closed; therefore, NELB Consultants will be completing the work started under the DRA firm contract.

Specifically, they will continue to advise the City of Richmond on the following on-going projects:

Metrowalk Phase 2, Homekey, Miraflores, and 12th and Macdonald. The scope will remain the same for the assigned contract to NELB.
(if additional space is needed, include them in a separate page) Page | 1 Sole Source Form - Rev. May 12, 2016
436
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 I_I For the repau- or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
-^-j 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.

NELB will continue the work started by DRA, it will not be financially and strategically advantageous for the Community Development Department to start a new process for a financial advisor given the current ongoing work on the Metrowalk Phase 2, Homekey, Miraflores, and 12th and Macdonald development projects. The former DRA associates that make up NELB have been the only successful financial advisor to date to move projects forward that stalled for many years.

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.

Nora Lake-Brown was an associate of David Rosen & Associates (DRA), one of the firms providing these on-call services. NELB will continue the work started by DRA, it will not be financially and strategically advantageous for the Community Development Department to start a new process for a financial advisor given the current ongoing work on the Metrowalk Phase 2, Homekey, Miraflores, and 12th and Macdonald development projects. (if additional space is needed, include them in a separate page) 2 I Page
437
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.

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

Date: November 29,2023 Phone: 510-620-6706
Department Director (Print) Una veiasco _ (Sign) ^^^^M^-' Date: November 29,2023 Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

Digitally signed by Androa Miller
DN:ai=Andrea MIUer. o==Chy of Bkhmand,
APPROVED: ^-^ '^- SS^S;u?rd-"sus DATE: 12/5 ,23
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. 3 I Page
438

December 19, 2023

Community Development

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Way2Love Contract Amendment
FINANCIAL IMPACT: This contract will be paid for using the Encampment Resolution funds received from the California Interagency Council on Homelessness (Account String 15061219-
400201-26G25)

PREVIOUS COUNCIL
ACTION:

November 15, 2022

STATEMENT OF THE
ISSUE:

The City of Richmond was awarded an Encampment
Resolution Funding (ERF) Round 2 award to connect at
least 115 unhoused city residents with urgently needed
services and pathways to housing to resolve
encampments along Interstates 80 and 580 and the
Richmond Greenway. Way2Love, Inc. was awarded
project manager services contract on November 15,
2022. Given their recent success at Castro, City staff is seeking to amend their current contract to extend their work to manage the ERF Round 2 project and to bring on
additional staff to provide housing navigation, case
management, and employment support services for
clients.

AGENDA
REPORT
439

December 19, 2023
RECOMMENDED ACTION:

APPROVE a contract amendment No. 2 with Way2Love,
Inc., to increase the contract amount by $2,774,543.26, for a new total contract amount not to exceed
$3,019,543.26, to provide project management, housing
navigation, case management, and employment support
services for the City’s Encampment Resolution Funding
(ERF) Round 2 project, for a term extended through June 30, 2025, to be funded by the City’s ERF Round 2 award
– Community Development Department (Lina Velasco
510-620-6841/Jesus Morales 510-621-1220).

DISCUSSION:

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

Richmond is one of six cities that received a second ERF award (ERF-R-2). The use of the City’s first ERF award was focused at resolving the Castro Vehicle Encampment and restoring the site to its original Bay Trail use.

In November 2022, Way2Love, Inc. was selected to provide project management services for the Encampment Resolution Funding project focused on the Castro Encampment. Given the success of the Castro project, City staff is seeking to amend Way2Love, Inc.’s current contract by $2,774,543.26, for a new total amount not to exceed $3,019,543.26, to extend their work to manage the ERF Round 2 project and to bring on additional staff to provide housing navigation, case management, and employment support services for clients.

Way2Love, Inc. will provide a team of experienced professionals, including housing locators, housing navigators, employment specialists, on-call clinicians, case managers, and program directors. All positions would be funded for an 18-month period. The following positions will be part of this contract to provide wrap-around services:

 1 Project Manager
 2 Navigators
 Part time Program Manager
 1 Housing/Resource Navigator
 Part-time (.5 FTE) on-call Nurse/licensed Clinician
 Part-time (.5 FTE) Employment specialist
 .75 FTE Tenant Case Manager/Resource Director
 .75 FTE Administrative/Records person
 .75 FTE Director of Housing Development/Landlord Outreach 440

December 19, 2023

The scope also includes a budget for providing storage, furniture, and travel for residents associated with their housing pathways. The scope also includes administration of $500,000 of Housing Trust funds for rental assistance to clients and approximately $250,0000 of flex funds to provide housing support services for clients.

Summary of Richmond’s ERF Round 2 Project

Richmond’s plan is designed to help an especially vulnerable and transient population— people living in tents, lean-tos, and on the ground along the city’s major transit corridors, including Interstates 80 and 580. Staff from Richmond’s Housing Division worked with Caltrans to identify eight critical locations beneath overpasses and in the land patches formed by curving freeway entrances and exits where people continuously return. The City will focus its efforts to support people now living in these dangerous locations to stabilize their lives and move into safe housing. The target encampments are along Central Avenue, Marina Bay Pkwy., Cutting Blvd., Macdonald Ave., San Pablo Dam Rd., and Castro Street, where people living in vehicles are already receiving support services through a previous grant.

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

Alignment with Homelessness Strategic Plan

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

 1.4 - Expand case management and other care-related individualized services directly in encampments to build connections for unsheltered individuals to have access to an expanded array of opportunities and resources for personal development, wellness and health, financial means to secure and sustain housing, and ongoing supports for long-term stabilization; and,  3.1 - Establish a flexible fund for financial assistance for diversion and housing focused problem solving, including time-limited or one-off expenses.

This project will provide resources to hire professionals to provide wrap-around services to make housing offers, connect clients to services, and to connect unhoused residents 441

December 19, 2023
to the Continuum of Care services. The ERF Round 2 award will also help fund other services such as case managers and housing navigators to connect unhoused residents to stable housing. The grant award also includes flex funds that could be used to provide unhoused program participants to obtain assistance in getting document-ready (e.g., obtaining copies of birth certificates, identification cards, social security cards, etc.) for housing, completing vehicle repairs, food support, and rental assistance.

CONCLUSION:

Given the success of the Castro project, City staff is seeking to amend the Way2Love, Inc. contract to extend their work to manage the ERF Round 2 project and to bring on additional staff to provide housing navigation, case management, and employment support services for clients. This will also alleviate City staff of managing multiple contracts.

DOCUMENTS ATTACHED:

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

442

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

443
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.

444
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

445

Exhibit A

Scope of Work: Project Management/Housing Naviga�on/Case Management/Employment Specialist
Introduc�on:

The Contractor is responsible for delivering sa�sfactory services, subject to evalua�on by the City's Community Development Department, and will be compensated as outlined below. The City retains the right to adjust Service Specifica�ons, Timelines, and Project Outcomes based on regular performance evalua�ons.

Program Structure:

The Project Management/Housing Naviga�on/Case Management/Employment Specialist program will involve a team of experienced professionals, including Housing Locators, Housing Navigators, Employment Specialists, On-Call Clinicians, Case Managers, and Program Directors. This team will collaborate with clients, families, healthcare providers, and other service en��es. The team should embody the following characteris�cs for effec�ve service delivery:

Mul�-Site Encampment Resolu�on Project Manager (MERP):

The MERP will oversee suppor�ve services for over 100 individuals in encampment sites within Richmond city limits and the Caltrans corridor.

Responsibili�es include program implementa�on, coordina�on of care teams, engaging stakeholders, client advisory groups, outreach, and repor�ng to Richmond City Council.

Program Assist Project Manager:

Assist Project Manager with se�ng goals, developing plans, managing resources, hiring/training staff, and monitoring progress of goals. Supervise staff.

Housing Resource Navigators:

Work with landlords, real-estate agents, and property managers on behalf of clients. Assist clients in naviga�ng the housing applica�on process (Sec�on 8). 446

Educate clients on maters related to securing/maintaining housing and maintain contact with clients.

On-Call Nurse/Licensed/Registered Clinicians:

Provide on-call medical and clinical Mental Health assessments and referrals.

Employment Specialist:

Engage, assess, prepare clients for job readiness, match clients with companies/open posi�ons, and support clients to secure and maintain employment.

Characteris�cs for Effec�ve Service Delivery:

Empathy and Compassion:

Demonstrate a high level of empathy and compassion to understand the challenges faced by chronically unhoused individuals.

Active Listening:

Create a safe, non-judgmental environment where individuals feel heard and understood.

Housing Navigation Expertise:

Be well-versed in regional housing resources, programs, and policies.

Resourcefulness:

Connect individuals with various community resources, including shelters, transi�onal housing, subsidized housing, and suppor�ve services.

Career Development and Job Placement Skills:

Possess knowledge and experience in employment development, including career counseling, resume wri�ng, interview skills, and job search strategies.

Problem-Solving and Advocacy:

Exhibit skills in problem-solving, finding crea�ve solu�ons, and advoca�ng for clients to overcome barriers related to housing and employment.

447

Cultural Competence:

Be culturally competent and sensi�ve to diverse backgrounds and experiences.

Collabora�on and Teamwork:

Demonstrate teamwork and collabora�on skills for a coordinated and holis�c approach to suppor�ng individual needs.

Documenta�on and Organiza�on:

Be proficient in maintaining organized records and data management systems to track individual journeys towards stable housing and employment.

Self-Care and Resilience:

Priori�ze self-care and prac�ce resilience strategies to prevent burnout and maintain well-being.

Program Approach:

The program will use a client-centered approach, involving clients in every step of the process, ensuring flexibility to adjust housing and care plans based on changing needs and goals.

Case Management Services:

Provide assessment and case management services tailored to each client's needs.

Develop and implement comprehensive, personalized care plans.

Maintain a caseload of 20-25 individuals.

Regularly meet with clients, at least bi-weekly, to ensure con�nuity of services.

Coordinate services across mul�ple providers, ensuring �mely and appropriate care.

Provide educa�on and support for naviga�ng healthcare systems and accessing resources.

Guide clients toward detox and clean programs.

Support clients in naviga�ng the job market, gaining employment, and obtaining necessary documenta�on for various programs.
448

Monitor client progress, adjus�ng care plans as needed.

Program Tracking and Outcome Measurement:

Maintain accurate and up-to-date client and program records.

Provide �mely data and reports to the Housing Manager and Project Manager bi- weekly or as requested.

Collabora�on and Communica�on:

Par�cipate in the Coordinated Entry System.

Atend weekly case consulta�on mee�ngs.

Maintain regular communica�on with Housing Manager, Project Manager, proba�on officers, social workers, care providers, and family members.

Uphold ethical conduct regarding privacy, confiden�ality, and professional stature.

Serve as a liaison for the Housing Division, conveying needs and expecta�ons related to Case Management Services.

Stay informed about community resources, referrals, and service linkages.

Client Care Liaison Services:

Furnishing Support:

Provide support for residents transi�oning into housing.

Collaborate with the Housing Naviga�on Team, Case Managers, and clients to assess furnishing needs.

Priori�ze client preferences and cultural sensi�vi�es.

Coordinate delivery and installa�on of furniture and goods.

Establish connec�ons with local organiza�ons for essen�al items.

Assist in obtaining temporary storage solu�ons.

Evaluate stored belongings to address hoarding issues.

Transporta�on Assistance:

449

Assist clients in accessing transporta�on to vital resources, employment, and medical appointments.

Cul�vate partnerships with local transporta�on service providers. Provide transporta�on services to medical appointments, court dates, and employment opportuni�es.

Adapt transporta�on op�ons based on evolving client needs.

Food Access:

Help clients with grocery orders using available resources.

Facilitate access to free food resources, such as food pantries.

Support clients in addressing concerns related to orders and deliveries.

Administra�ve Du�es:

Guide clients in comple�ng essen�al administra�ve tasks.

Maintain detailed records of client interac�ons.

Communicate regularly with the Housing Manager and Project Manager.

Ac�vely engage in team mee�ngs.

Director of Housing Development Responsibili�es:

The Director will be responsible for finding housing units, conduc�ng landlord training, outreach, and managing a 24-hour hotline. The role includes site visits and weekly mee�ngs with landlords.

Administra�ve Support:

To provide administra�ve support, including basic bookkeeping, accoun�ng services, and document management. Virtual collabora�on with landlords for project management will be conducted, with regular weekly reports provided.

450

Budget:

The Contractor shall comply with the atached budget.

With prior writen approval, the Contractor may modify budget line items up to fi�een percent (15%), provided the total compensa�on amount is not exceeded.

Budget line-item modifica�ons shall not alter the terms of this Agreement.

Email requests for modifica�ons should include a brief note explaining changes, a descrip�on of specific line items, and reasons for the requested change.

Accompanying revised budgets should show original, modified, and final amounts.

An advance payment of $25,000 may be provided upon execu�on of the Agreement, offse�ng subsequent payments.

This Scope of Work is subject to periodic evalua�on and adjustments by the City for ongoing performance improvement.
451
Way 2 Love Housing Wrap Around Service Proposal
Funder: ERF - 2
Personnel Rate Weekly Hrs Weeks, 1.5 years 18 Month Budget Project Manager (1FTE) Base salary @ $78.75/hr x 40/hrs wk x 78 wks $78.75 40 78 $245,700.00 Navigation Manager (1 FTE) Base salary @74.75/hr. x 40hrs. wk. x 78 wks. $74.75 40 78 $233,220.00 Senior Navigator (FTE) Base salary @ 68.75/hr. x 40hrs. wk. x 78 wks. $68.75 40 78 $214,500.00 Program Manager (.5 FTE) base salary @ $50.50/hr x 20 /hrs wk x 78 wks $50.50 20 78 $78,780.00 Housing/Resource Navigator (2 FTE) $30.00/hr x 40/hrs wk x 78 wks $30.00 80 78 $187,200.00 On Call Nurse/Licensed/Registered Clinicians (.5 FTE) $52.00/hr x 20/hr wk each x 78 wks $52.00 20 78 $81,120.00 Employment Specialist (.5 FTE) $30.00/hr x 20/hrs wk x 78 wks $30.00 20 78 $46,800.00 Tenant Case manager/Life Skills and Resource director (.75 FTE) $40.00 x 30/hr wk each x 78 $40.00 30 78 $93,600.00 Bookkeeping/ Accounting /Document Management (.75 FTE Virtual) $20.00 x 30/hr wk each x78 $20.00 30 78 $46,800.00 Director of Housing Development/Landlord Training and outreach (.75 FTE) $45.00 x 30/hr wk x 78 $45.00 30 78 $105,300.00 Subtotal $1,333,020.00
Benefits @ 33% 33.0% $439,896.60
Total Personnel $1,772,916.60
Operations
Furnishings, 50 households * $750/ household $37,500.00 Equipment $5,000.00
Office Rent $600.00 18 $10,800.00
Communications, cell phone service, 11 phones $125.00 11 18 $24,750.00 Clients Storage $50,000.00
Supplies $300/month $300.00 18 $5,400.00
Transportation Mobile Response - Gas, maintenance, leasing, insurance $100,000.00 Printing/IT Services, $300/month $300.00 18 $5,400.00 Participant Emergency Needs $50,000.00
Staff Training $6,000.00
Total Operations $294,850.00
Indirect @ 10% $206,776.66
Program Total $2,274,543.26
Housing Trust Funds $500,000.00
Total Budget $2,774,543.26
452
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

453
___ 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.
454
___ 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.

455
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

456

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

1. Parties.

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Term.

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

3. Payment Limit.

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

4. Contractor’s Obligations.

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

5. City's Obligations.

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

Community Development Jesus Morales
[email protected] (510) 620-6649
15499 / 6192
Project Management services for the Castro Encampment Resolution Project (CERP).

Vanessa A. Calloway, dba Way 2 Love, Inc.
3609 Wall Avenue
Richmond, CA 94804
Vanessa Calloway
(510) 255-0108 [email protected]
40063196 December 31, 2022
July 26, 2022
June 30, 2024
235,000.00
✔









 



457

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Vanessa A. Calloway, dba Way 2 Love, Inc.









 















 
458
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

City of Richmond

The City reserves the right to adjust the Service Specifications, Timeline, and Project Outcomes of the Project Manager as the Project’s performance is regularly evaluated.

1. Service Specifications

The Castro Encampment Resolution Project Manager (CERP) will deliver an array of supportive services to 100+ individuals currently living in a 2.66-acre vehicle encampment near Castro Street. More specifically, the CERP will lead and manage the Castro Site Care Team (SCT), which will include a Site Manager, Rapid Rehousing Navigator, a dedicated Contra Costa County Coordinated Outreach Referral Engagement (CORE) team, comprised of an outreach specialist and social worker, and other service providers working directly with encampment residents to triage and ensure services are timely, responsive, coordinated, trauma-informed, and achieving goals and objectives.

The CERP Manager will be responsible for principal activities that include, but are not limited to:

Ɣ Implementing the Encampment Resolution Program, including developing systems, policies, and procedures.

Ɣ Coordinating the Castro Site Care Team, including managing roles, responsibilities, and reporting.

Ɣ Assessing the housing, behavioral, and health needs of residents.

Ɣ Convening a Castro Residents’ Advisory Group, engage neighborhood stakeholders, and prepare reports and updates.

Ɣ Engaging neighboring residents and business owners through active outreach.

Ɣ Engage neighboring residents, business owners, and community advisory group for public input on grant progress and feedback
Ɣ Assist with the review of RFPs and RFQs, the selection of service providers, and contractors as needed.

Ɣ Creating program metrics to evaluate ongoing service delivery.

Ɣ Implementing reporting systems to meet requirements for oversight, evaluation, and sharing data.

Vanessa A. Calloway, dba Way 2 Love, Inc.









 



459
For the Contract between the City of
Richmond and
Way 2 Love, Inc.
_____________________________
Ɣ Identifying meaningful milestones and implementing an appropriate timeline for project completion.

Ɣ Working with outside evaluators by providing data needed to measure project success and identify replicable systems.

Ɣ Providing updates and reports to Richmond City Council.

Ɣ Attending meetings as needed to provide project updates to the community Ɣ Sharing information about CERP with the public, including content for Richmond’s website.

1. Timeline
Tasks Month
Meet with City Staff to discuss project goals and objectives. Au gust Implementing the Encampment Resolution Project, including developing systems, policies, and procedures.

August–June
Meet and coordinate the Castro Site Care Team, including managing roles, responsibilities, and reporting.

August –
September
Meet with and convene Castro Residents’ Advisory Group to meet weekl
y
August -
September
Engaging neighboring residents and businesses through active outreach.

August - June
Complete resident housing, behavioral, health assessments to determine needs and priorities.

August -
September
Establishing a community advisory group that seeks public input on the grant progress, solicits feedback, and encourages information sharing.

August –
September
Place up to 20 residents through Housing First principles in stable housing situation.

September –
October
Remove abandoned and inoperable vehicles, limiting one vehicle per resident
August – October
Schedule quarterly (or as needed) trash pickup days September – June Place 10 residents through Housing First principles in stable housing monthly
October – June
Provide quarterly (or as needed) updates and reports to Richmond City Council.

December - June









 



460
For the Contract between the City of
Richmond and
Way 2 Love, Inc.
_____________________________

3. Project Outcomes and Evaluation
Program Component Pro gram Outcome Indicator/ Measurement Goal Evaluation Method Resident Assessments Identify housing,
behavioral, mental, and
physical health needs,
and priorities of
residents
Number of residents
completing assessment
survey
102 Number of residents entered into

HMIS/ CES
Site Security Secure site to eliminate
trash dumping and.
control access
Contracting of site security
and purchase and
installation of security
fencing
Yes Executed contract with security
vendor and fencing company
Auto removal Eliminating H[cess
automobiles not
owned by residents
Number of reduced illegal,
stolen, dumped, and
inoperable vehicles
TBD Identify vehicles to be removed
and track number removed
House residents Phase 1 Rapid re-housing of
those most vulnerable
and residents for
Housing First principles,
while prioritizing
families(children),
veterans, and seniors
Number of residents
housed within first 45 days
of the contract with CERP
20 Lease agreements and funding
expended/ committed to housing
House residents Phase 2 Continued re-housing of
residents
Number of residents
housed on average per
month
10 Lease agreements and funding
expended/ committed to housing
Trash removal, Phase 1 Removal and reduction
of trash onsite
Minimum number of
scheduled trash removal
days during the year
4 Count of removal days and scale
readings from the transfer station
Regular Reporting Provide updates to
Richmond City Council.

Minimum number of status
reports provided to City
Council, Senior Staff, etc.
4 Present report to City Council
summarizing activities and
accomplishments









 



461
For the Contract between the City of
Richmond and
Way 2 Love, Inc.
_____________________________

EXHIBIT B

PROGRAM BUDGET
The Program Budget is based on an all-inclusive rate of $58.75 per hour.

Hourly Rate $58.75
Hours per week 40
Weekly estimate $2,350.00
August 15, 2022, to June 30, 3024,
number of weeks

97.57 Total Budget Not to Exceed $235,000









 



462
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Jesus Morales
Vanessa A. Calloway, dba Way 2 Love, Inc.

Community Development
Jesus Morales









 



463
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

Vanessa A. Calloway, dba Way 2 Love, Inc.

Vanessa A. Calloway, dba Way 2 Love, Inc.

Jesus Morales
450 Civic Center Plaza
Vanessa Calloway, dba Way 2 Love, Inc.
3609 Wall Avenue
Richmond, CA 94804









 



464
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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

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

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








 



465
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. 








 



466
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. 








 



467
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 








 



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General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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










 



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

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

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

15. Indemnification
.

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

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








 



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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 








 



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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 








 



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General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 








 



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General Conditions/EJ/TE 01-19-11 10 of 13

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

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

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

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

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

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

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

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










 



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

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

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

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

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

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

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

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

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








 



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General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

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

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

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

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

39. Performance and Final Acceptance
.

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

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










 



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

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

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

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








 



477
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

None.

Vanessa A. Calloway, dba Way 2 Love, Inc.









 



478
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

Vanessa A. Calloway, dba Way 2 Love, Inc.









 



479
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

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

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

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

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

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

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

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

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









 



480
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

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

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

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

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

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

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

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

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

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

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

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

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








 



481
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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

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

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

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

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

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









 



482









 



483









 



484

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Community Development Jesus Morales
[email protected] (510) 620-6649
15499 / 6192
Project Management services for the Castro Encampment Resolution Project (CERP). ✔
1 Vanessa A. Calloway, dba Way 2 Love, Inc.
3609 Wall Avenue
Richmond, CA 94804
Vanessa Calloway
(510) 255-0108 [email protected]
40063196 December 31, 2022
✔
August 1, 2022
July 26, 2022 June 30, 2024
235,000.00






  




485
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.

Vanessa A. Calloway, dba Way 2 Love, Inc.






  

















486
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

Contract Amendment/EJ/TE 9-26-07
Vanessa A. Calloway, dba Way 2 Love, Inc.
1 / 6192
10,000.00
245,000.00
This amendment No.1 adds $10,000 of flex funds to be administered by Way2Love, Inc. to assist Castro Encampment residents with transitioning out of the encampment. Eligible expenditures of flex funds shall be as specified in the attached Flex Funds for Castro Encampment policy, incorporated herein by reference.

Proper documentation shall be obtained for all expenditures including, but not limited to, W-9s and receipts for all flex fund expenditures. Written approval by the City Housing Manager shall be provided prior to expenditure of flex funds.

The City agrees to provide Way2Love, Inc. a $5,000 advance to assist in the distribution of these flex funds. Once back up documentation is provided for the first advance, a second $5,000 advance disbursements will be issued by the City.

Performance Metrics to be reported with Invoices:
- Number of flex fund disbursements made per resident
- Number of residents transitioned out of encampment






  




487
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

Contract Amendment/EJ/TE 9-26-07
Vanessa A. Calloway, dba Way 2 Love, Inc.
1 / 6192

None.






  




488

FLEX FUNDS FOR CASTRO ENCAMPMENT POLICY
OBJECTIVE:

The Flex Funds are designed to remove financial barriers that prevent households from obtaining housing to transition from the Castro encampment in advance of the sunsetting scheduled for December 31, 2023.

ELIGIBITY:

Program participants living at the Castro encampment with an executed completed Program Agreement, registered in HMIS, and completed Vi-SPDAT

PROCESS:

1. Complete Housing Transition Plan, in a form approved by the City of Richmond, which includes, but is not limited to, the following information:
o Contact information for participant
o Other resources received, requested and/or sought (i.e., Coordinated Entry, CORE assistance, etc.) o Detailed budget for flex funds requested to support proposed transition option o Timeline for execution

3. City reviews, edits (as necessary), and authorizes the flex fund request prior to expenditure

4. All parties (participants, service provider, and city) sign the Transition Plan

5. Way2Love disburses funds to appropriate entity (directly to the participant, purchased on behalf of participant, and/or 3rd party vendor)

6. Direct disbursement to participants will be issued at the time of transition from Castro encampment

7. Transition plans and disbursement agreement shall note that participants agree to not relocate to other parts of the city unless in a legal housing unit

8. Service providers will develop and submit a final close out report to the City outlining all flex funds issued, leveraged funding or resources, destination, and status of Rydin participants via approved Transition Plan

TYPES OF SUPPORT:

The following are examples of the types of support to be provided by the City via Service Providers:

Fees and Deposits Needed to Apply for and Secure Housing:
ڹSecurity deposits (up to/not to exceed 2 times the rent) ڹApplication and administrative fees
ڹPet deposits/fees
ڹUtility deposit activation fees for new utility accounts

Lease or Utility Assistance:
ڹRental assistance, including monthly pet rent
ڹUtility assistance







  




489
Hotel or Motel Assistance:
ڹRequesting agency will be reimbursed for payment.
ڹHousehold must have a signed lease and move-in date established prior to approval. ڹ Emergency hotel housing

Transportation:
ڹItems related to one-time, episodic, or regular transportation, that can help a client make progress towards ending their homelessness (e.g., car registration, bus passes, taxi fare, gas vouchers, tires, minor car repairs, etc.).
ڹFares for the cost of housing navigation to view potential rental options by bus or other transportation services (e.g., Uber, Lyft, etc.).

Relocation Assistance:
ڹBus tickets to return to locales with stable family support ڹTrain tickets to return to locales with stable family support ڹOther transportation fees (e.g., taxis, rideshare services, etc.) ڹGas funds to reach destination

Critical Documents:
ڹDocumentation needed to overcome barriers to employment, housing, etc. (e.g., driver’s license, state identification card, birth certificate, student records, etc. 





  




490
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
Vanessa A. Calloway, dba Way 2 Love, Inc.
1 / 6192
10,000.00
245,000.00
✔
✔






  




491
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

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

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

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

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

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

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

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

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






  




492
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

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

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

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

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

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

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

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

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

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

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

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

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





  




493
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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

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

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

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

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

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






  




494






  




495






  




496

December 19, 2023

Community Development

DATE: December 19, 2023
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

Contract Amendment No. 3 with RCF Connects for
Emergency Shelter Services

FINANCIAL IMPACT: This contract amendment will be funded using City Council-approved ARPA funding allocated on December
5, 2023 (13654051-400201-AR243)

PREVIOUS COUNCIL
ACTION:

December 20, 2022, September 25, 2023, and
November 28, 2023

STATEMENT OF THE
ISSUE:

The City and County are experiencing a shelter crisis,
and the City needs to urgently add emergency shelter
capacity to meet anticipated demand generated by
enforcement of the City’s camping ordinance and
anticipated weather conditions. To achieve this,
Community Development staff is seeking City Council
authorization for the City Manager to negotiate and
execute a contract amendment No. 3 with RCF Connects
to subcontract with a service provider and to lease rooms at local motels and/or other appropriate housing
providers for up to a six-month period, not to exceed
$700,000, for a total contract amount of $2,961,717.

AGENDA
REPORT
497

December 19, 2023
RECOMMENDED ACTION:

AUTHORIZE the City Manager to negotiate and execute
a contract amendment no. 3, for up to $700,000, with
RCF Connects to provide emergency shelter services,
including leasing motel rooms or other appropriate
housing for emergency shelter purposes, until June 30,
2024, for a total contract amount not to exceed
$2,961,717 – Community Development Department (Lina
Velasco/Jesus Morales 510-620-6706).

DISCUSSION:

Background

During the City’s recent discussions with Contra Costa County Health, Housing, and Homeless Services (H3), it has been confirmed that there is a shortage of emergency shelters beds throughout Contra Costa County (County). Several other cities are coordinating with the County to address this critical issue.

The City has been actively involved in facilitating discussions and negotiations between the County and the Greater Richmond Interfaith Program (GRIP) to provide a warming center in West Contra Costa County. As a result, an agreement was reached with GRIP to provide 15 additional beds. However, these beds have already reached full capacity and have remained so for the last couple of months.

In order to align with the City Council's previous direction of providing extra support for the unhoused during the winter and to comply with the shelter bed requirements outlined in the City’s camping ordinance, it is necessary that additional temporary measures be taken to increase the availability of emergency housing.

While the County has expressed a willingness to collaborate with the City on long-term emergency housing options, they are currently unable to establish emergency support within the next 30 days. City staff also lack the ability to administer these emergency services without support by a service provider.

Emergency Shelter Needs

To address the shelter bed crisis, City staff is requesting City Council authorization for the City Manager to be granted the authority to negotiate and implement an appropriate contract amendment with RCF Connects to provide temporary emergency shelter and related services, which may include housing navigation, on-site management, coordination with Contra Costa County H3, and exit planning.

To ensure the success of this initiative, RCF Connects anticipates partnering with local housing providers who have expertise in this area and can effectively meet the urgent timeline requirements.

498

December 19, 2023
It is important to note the current state of the emergency shelter system within the County. As of November 2023, the County's emergency shelter system has been severely impacted, resulting in nearly all the available beds being filled. This situation has placed an extreme burden on our unhoused population and our public systems.

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

Amendment No. 3 with RCF Connects will provide funds to address the need for short- term emergency shelter during the winter season and provide housing navigation and case management support services to clients being provided shelter services.

City staff is seeking to utilize the ARPA rental assistance funds approved by City Council on December 5, 2023, to assist 20-30 unhoused clients with short-term motel rooms, housing navigation, and case management services for up to 3-6 months or less based on when the County can provide the housing navigation and case management services at a later date.

City staff has been negotiating with a local motel that is willing to provide between 20 and 30 rooms for emergency short-term rental, for three to six months. The rent for 20 rooms for three months or 90 days is estimated to be between $190,000 and $235,000.

The rent for 20 rooms for six months or 180 days is estimated to be between $335,000 and $468,000.

In addition to the rent for the rooms, there will be operating expenses including having on-site staff providing the housing navigation, case management services, and shelter staff on a 24-hour basis. Depending on the level of services to be provided, these expenses are anticipated to be between $50,000-$75,000 per month. The estimated costs for three months of operating expenses and services would range between $150,000 and $275,000. The estimated cost for six months of operating expenses and services would range between $300,000 at $450,000. City staff is also working with the County in seeking financial assistance to pay for these operating expenses.

City staff recommends approving contract Amendment No. 3 with RCF Connects to assist the City in renting a motel and/or other similar short-term housing to provide emergency shelter for the unhoused for up to six months and provide housing navigation and case management services for up to $700,000, for a term through June 30, 2024, for a total contract amount not to exceed $2,961,717, to be funded using the ARPA funds. City staff will ensure that the proposed projects are done in accordance with all United States Treasury ARPA-related regulations.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract and Amendment No. 1 and 2 499

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Term.

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

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

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

5. City's Obligations.

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

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

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











 




500

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

7. General Conditions.

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

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

9. Insurance Provisions.

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

City Clerk

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

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









 





















501
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

City of Richmond
See attached scope of work
RCF Connects









 




502

EXHIBIT A

SERVICE PLAN

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

1. Service Specification

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

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

The following programs include the following major service offerings:

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

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

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

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










 




503

EXHIBIT A

SERVICE PLAN

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

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

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

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

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

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

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

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

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

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








 




504

EXHIBIT A

SERVICE PLAN

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

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

2. Timeline

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

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

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

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

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

development of a housing transition plan.

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

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

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









 




505

3. Project Outcome and Evaluation

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

Program
Component Program Outcome Indicator/ Measurement Goal Evaluation Method Placement

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

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

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

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

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









 




506

4. Program Budget

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

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

Staff Salaries and
Benefits

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

TOTAL PERSONNEL COST $13,776 $24,326

Program Cost

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

TOTAL PROGRAM COST $411,224 $175,674

TOTAL HOUSING FIRST

PROJECT BUDGET
$425,000 $200,000










 




507

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

Program Cost

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

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

TOTAL PROGRAM COST $100,000 $100,000

TOTAL EMERGENCY

HOUSING ASSISTANCE

PROJECT BUDGET
$100,000 $100,000

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

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










 




508
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PAYMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

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

Lina Velasco
RCF Connects
Community Development
Lina Velasco









 




509
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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









 




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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

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








 




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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. 








 




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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. 








 




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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 








 




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General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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










 




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

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

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

15. Indemnification
.

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

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








 




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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 








 




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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 








 




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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

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

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

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

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

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

24. Non-exclusivity
. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 








 




519
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.










 




520
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 








 




521
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.










 




522
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. 








 




523
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

N/A
RCF Connects









 




524
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

RCF Connects









 




525
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

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

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

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

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

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

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

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

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

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001)

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

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

4. Workers’ Compensation insurance as required by the State of California including Employer’s Liability (for CONTRACTOR’s with employees);

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

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

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

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

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

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

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









 




526
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

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

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

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

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

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

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

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

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

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

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

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

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








 




527
___ Exhibit F
___ Section 8
City of Richmond Insurance Requirements – Type 5:

Vendors, Suppliers, Small Grant Recipients & Nonprofit
Organizations
Type 5 - Page 3 of 3
Revised: September 2011
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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

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

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

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

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

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









 




528

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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







  





529
Contract Amendment/EJ/TE 09-26-07

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

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

6. Insurance Coverage Updated and Maintained.

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

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

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

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

By _______________________
City Clerk
Approved as to form:

By_______________________
City Attorney
List of Attachments:

1. Amendment Provisions

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

RCF Connects







  











 
530
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Budget Attached







  





531

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

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








  





532
RCF Connects - Short-term Housing Assistance
Item
SubContractors
SparkPoint Contra Costa 15,000.00$
Richmond Neighborhood H 15,000.00$
SubContractors Total 30,000.00$
Program Expenses
Motel Vouchers 23,000.00 $ 115 vouchers @$200/night
Rent Assistance 58,000.00 $ 29 months of emergency rent @$2,000/month Program Expenses Total 81,000.00$
Indirect 16,650.00 $
TOTAL EXPENSES 127,650.00$







  





533
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

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








  





534
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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

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

Term Amendment (insert new termination date):________________________

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







  





535
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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







  





536
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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






  





537
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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







  





538







  





539

CERTIFICATE OF LIABILITY INSURANCE

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

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

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

PRODUCER

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

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

E-MAIL ADDRESS:

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

INSURED

RICHMOND COMMUNITY FOUNDATION

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

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

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

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

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

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

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

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

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

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

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






  





540







  





541

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

Community Development
Lina Velasco
[email protected]
(510) 620-6706
9235
/ 6378
RCF Connects (formerly known as Richmond Community Foundation) will administer the Housing First Program and Short Term Emergency Housing Assistance Program. ✔
2 RCF Connects
3260 Blume Drive, Suite 110
Richmond, CA 94806
James "Jim" Becker, President & CEO
(510) 234-1200
[email protected]
4005-3126
December 31, 2023
✔
January 18, 2023
December 21, 2022
June 30, 2024
525,000.00
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 542
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

RCF Connects
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 President and CEO
12/8/2023Mayor
543
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

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

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

2 / 6378
December 21, 2022
June 30, 2025
1,111,633.15
2,261,717.95
RCF Connects

Updated Budgets for Housing First and Short Term Housing Assistance programs are attached.

Upon written authorization by the Project Manager adjustments to the line items in the respective may be permitted to better meet clients' needs.

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 544
For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

EXHIBIT A - SERVICE PLAN

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

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

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

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

The following programs include the following major service offerings:

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

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

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

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 545
For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 546
For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

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

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

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

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

Task/Ac�vi�es Month

Contract Amendment No. 2 is executed with RCF December 2023

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

December 2023
Case Managers hired. January-February 2024

Landlord lists are updated and outreach to new landlords begins.

February-March 2024

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

March-April 2024
Housing placements begin for unhoused residents. February-April 2024 and ongoing
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 547
For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 548
For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

Program
Component Program
Outcome
Indicator/ Measurement Goal Evaluation
Method

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

Sufficiency
Build three key
elements of
financial
stability and

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

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

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

Health

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

TBD Participant
survey
response

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 549
For the Contract between the City of
Richmond and
RCF Connects - Amendment No. 2
_____________________________

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

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

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

RCF Housing First ERF-2-R Budget
Description
Staff Salary FTE Hrly Rate
Anuual Hours (12
months) Total
Program Manager/Housing Navigator 1 36.00$ 2080 74,880.00$ Case Manager 1 33.00$ 2080 68,640.00$
143,520.00$
Benfits @ 23% 23% 33,009.60$
Total Staff Salary 176,529.60$
Households
Avg. Monthly
Rent Term, 12 months
Rental Assistance 30 1,850.00$ 12 666,000.00$
Flex Funds 30 5,000.00$ 150,000.00$
Total Assistance 816,000.00$
Subtotal 992,529.60$
Indirect 12.0% 119,103.55$
Total 1,111,633.15$
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 550
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

RCF Connects
2 / 6378
September 25, 2023
625,084.80
1,150,084.80
June 30, 2025
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1,111,633.15
June 30, 2025
2,261,717.95
2,261,717.95
2,261,717.95
2,261,717.95
✔
✔
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 551
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 552
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 553
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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

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

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

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

Reporting Requirements

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

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

DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 554
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 555

CERTIFICATE OF LIABILITY INSURANCE

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

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

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

PRODUCER

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

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

E-MAIL ADDRESS:

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

INSURED

RICHMOND COMMUNITY FOUNDATION

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

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

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

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

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

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

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

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

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

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

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

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

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

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 556
DocuSign Envelope ID: E179F478-C6E7-4F6F-9568-D7AEA06FDAC6 557