Richmond City Council
January 16, 2024

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, January 16, 2024, 5:00 p.m.

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

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

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

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2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

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Properly labeled public comments will be considered a public record, put into the official meeting record, available after the meeting as supplemental materials, and will be posted as an attachment to the meeting minutes when the minutes are posted: http://www.ci.richmond.ca.us/Archive.aspx?AMID=31

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

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

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

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

Click here for City Harassment Policy

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

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

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

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

Pages
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 5:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS - (Government Code Section 54956.95):
• Claimant: John Bruce
Agency claimed against: City of Richmond
• Claimant: Jose Villalobos
Agency claimed against: City of Richmond
• Claimant: Dedrick Riley
Agency claimed against: City of Richmond
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Sandoval v. Richmond Housing Authority•
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
Title: City Manager•
Title: City Clerk•
Title: Confidential Investigative and Appeals Officer • D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. ELECTION OF THE NEW VICE MAYOR FOR 2024
The Richmond City Council shall elect from among its members a vice mayor to serve for 2024. In the absence or disability of the mayor, the vice mayor shall serve as the mayor. The vice mayor shall also represent the mayor upon the mayor's request. The vice mayor shall serve for a term of one year.

K. AGENDA REVIEW
L. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
M. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M.1 NEW EMPLOYEE REPORT - 1st Tuesday
N. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
O. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
O.1 Proclamation Recognizing Dr. Martin Luther King, Jr. 10 PROCLAMATION recognizing Dr. Martin Luther King, Jr. Day, and his contributions to the civil rights movement – Councilmember Cesar Zepeda (510-620-6593).

O.2 Proclamation Honoring Successful Collaboration in the Reduction of Homicides 13 PROCLAMATION honoring Richmond’s successful collaboration in the reduction of homicides – Vice Mayor Gayle McLaughlin, Councilmember Claudia Jimenez and Mayor Eduardo Martinez (510-620-6861).

P. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Q. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
6 Q.1 City Clerk's Office
Q.1.a City Council Meeting Minutes 17
APPROVE the minutes of the November 7 and December 5, 2023, Regular City Council meetings and the December 12, 2023, Special City Council meeting - City Clerk's Office (Pamela Christian 510-620- 6513).

Q.1.b Cancellation of January 23, 2024, Regular City Council Meeting 45 APPROVE the cancellation of the January 23, 2024, Regular City Council meeting - City Clerk’s Office (Pamela Christian 510-620- 6513).

Q.2 City Council
Q.2.a Comments on the AB 617 Draft Community Emissions Reduction Plan (CERP)
47 APPROVE the list of improvement requests; and DIRECT staff to submit them to Bay Area Air Quality Management District before the deadline for Public Comments on January 19, 2024 –
Councilmember Claudia Jimenez (510-620-6565) and Mayor
Eduardo Martinez (510-620-6503).

Q.3 Community Development
Q.3.a Amendments to Richmond Municipal Code Chapter 6.48 Gas Shut- Off Devices
56 ADOPT an ordinance (second reading) amending Richmond Municipal Code Chapter 6.48 adding a point-of-sale trigger to add a gas shut off device, in addition to the current construction trigger – Community Development Department (Lina Velasco/Chris
Castanchoa 510-620-6764).

Q.4 Library and Community Services
Q.4.a Contract with WestEd to Support Evaluation Needs for the Richmond Fund for Children and Youth
67 APPROVE a contract with WestEd for third-party independent evaluation services required by Article 15(d) of the Richmond Charter for the Richmond Fund for Children and Youth in an amount not to exceed $600,000, with a term commencing on July 11, 2023, and terminating on June 30, 2025 – Department of Children and Youth (LaShonda White 510-620-6828/Patrick Seals 510-307-8016). 7 Q.5 Mayor's Office
Q.5.a Proclamation declaring January 27, 2024, as International Holocaust Remembrance Day.
228
PROCLAMATION declaring January 27th as International Holocaust Remembrance Day in the City of Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503/Vice-Mayor Gayle McLaughlin 510- 620-6636).

Q.5.b National Blood Donor Month 2024 231
PROCLAMATION declaring January as National Blood Donor Month in the City of Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503/Councilmember Claudia Jimenez 510-620-6636).

Q.6 Police Department
Q.6.a Resolution and Appropriation to Pay for Police Department’s Service Weapon Package Replacement
234
ADOPT a resolution to APPROPRIATE $62,025.21 from the Police Department’s Asset Forfeiture Fund; and AUTHORIZE the increased expenditure with All State Police Equipment Co., from $45,642.38 to a new total amount not to exceed $107,667.59, to cover the remaining purchase order expenses for the Police Department’s service weapon package replacement previously approved in Fiscal Year 2022-2023 – Police Department (Chief Bisa French 510-621- 1802).

Q.6.b Contract with LC Action Police Supply for the Purchase and Fitting of Ballistic Vests for Sworn Police Staff
241
APPROVE a contract with LC Action Police Supply in an amount not to exceed $400,000, for a term beginning January 17, 2024, through January 16, 2029, for the purchase and fitting of police officer ballistic vests – Police Department (Chief Bisa French 510-621-1802).

Q.7 Public Works
Q.7.a Fleet Maintenance Software Upgrade 311
APPROVE an agreement with TT Faster, LLC, dba FASTER Asset Solutions, for an upgrade of the fleet management software to Faster Web 2023, for a total amount not to exceed $157,500, including a one-time fee not to exceed $88,000, and annual support and maintenance fees for approximately $22,000 for Fiscal Year 2023- 2024, $23,000 for Fiscal Year 2024-2025, and $24,500 for Fiscal Year 2025-2026 - Public Works Department (Daniel Chavarria 510- 620-5478/Dee Karnes 510-231-3044).
8 Q.7.b Sole-Source Contract with Brightly Software for the City’s Water and Energy Bill Payments
349
APPROVE a sole-source contract with Brightly Software for a three- year subscription to their web-based utility/energy manager, for a total three-year subscription amount of $18,708.87, including $5,876.64 for the first year, $6,229.24 for the second year, and $6,602.99 for the third year, with a term beginning November 1, 2023, and ending October 31, 2026 – Public Works Department (Daniel Chavarria/Tawfic Halaby 510-620-5482).

R. PUBLIC HEARINGS
R.1 THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 20, 2024, CITY

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

S. ADJOURNMENT
________________________
9

January 16, 2024

City Council

DATE: January 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Zepeda

Subject:

Proclamation Recognizing Dr. Martin Luther King, Jr.

FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

The City of Richmond has continuously recognized
Martin Luther King, Jr. Day via proclamations and
promoted Days of Service.

STATEMENT OF THE
ISSUE:

Dr. Martin Luther King, Jr. Day is a federal holiday and acknowledges Dr. Martin Luther King, Jr.’s essential
contributions to the civil rights movement. His efforts along with other civil right activists and protestors led to many Americans having rights that they have today.

RECOMMENDED ACTION:

PROCLAMATION recognizing Dr. Martin Luther King, Jr.

Day, and his contributions to the civil rights movement – Councilmember Cesar Zepeda (510-620-6593).

AGENDA
REPORT
10

January 16, 2024
DISCUSSION:

Martin Luther King, Jr. Day (MLK day) is a federal holiday that celebrates the birthday of Martin Luther King, Jr., a civil rights activist who dedicated his life to ministry and to

fighting for equality amongst the races. MLK day was first observed on January 20, 1986, but was not recognized in all 50 states until 2000.

Martin Luther King, Jr. (King) was one of the most prominent leaders in the civil rights movements in the 1950s and 1960s. King advanced civil rights for people of color in the United States through nonviolence and civil disobedience. Martin Luther King Jr. lead nonviolent resistance against Jim Crow laws and other forms of discrimination in the United States.

King led marches for the right to vote, desegregation, and labor rights. King oversaw the 1955 Montgomery bus boycott and became the first president of the Southern Christian Leadership Conference (SCLC).

King was labeled a radical by the Federal Bureau of Investigation (FBI), and his fight for equity amongst Americans led to his life being threatened, his house being burned, and him being arrested several times along with other civil right protestors.

On October 14, 1964, King won the Nobel Peace Prize for combatting racial inequality through nonviolence. King was posthumously awarded the Presidential Medal of Freedom in 1977, and the Congressional Gold Medal in 2003.

In 1968, King was planning a national occupation of Washington, D.C., to be called the Poor People’s Campaign, when he was assassinated on April 4, in Memphis, Tennessee.

The City of Richmond is committed to being an equitable city for all of its residents regardless of their race, gender, or religion.

DOCUMENTS ATTACHED:

Attachment 1 – Martin Luther King, Jr. Day Proclamation 11 Whereas, Martin Luther King Jr. was one of the most prominent leaders in the civil rights movements in the 1950s and 1960s, King advanced civil rights for people of color in the United States through nonviolence and civil disobedience; and

Whereas, Martin Luther King Jr. lead nonviolent resistance against Jim Crow laws and other forms of discrimination in the United States; and

Whereas, King led marches for the right to vote, desegregation, and labor rights, King oversaw the 1955 Montgomery bus boycott and became the first president of the Southern Christian Leadership Conference (SCLC); and

Whereas, King was labeled a radical by the FBI, and his fight for not only equality but also equity amongst Americans led to his life being threatened, his house being burned, being arrested several times along with other civil right protestors and ultimately, his assassination; and

Whereas, On October 14, 1964, King won the Nobel Peace Prize for combatting racial inequality through nonviolence, King was posthumously awarded the Presidential Medal of Freedom in 1977, and the Congressional Gold Medal in 2003; and

Whereas, Martin Luther King Jr. Day (MLK day) is a federal holiday, and acknowledges the birthday of Martin Luther King Jr, MLK day was first observed on January 20, 1986; and

Whereas, in 1968, King was planning a national occupation of Washington, D.C., to be called the Poor People’s Campaign, when he was assassinated on April 4 th, in Memphis, Tennessee.

NOW, THEREFORE BE IT RESOLVED, that the Richmond City Council hereby declares January 15, 2024, as Martin Luther King Jr. Day, and honors his legacy and acknowledges his fight for equity in America, the civil rights movement has given so many Americans freedoms that they wouldn’t have had if it weren’t for Martin Luther King, and the many other civil rights activists during this time. The City of Richmond is committed to being a equitable city for all of it’s residents regardless of their race, gender, or religion.

Eduardo Martinez Cesar Zepeda

Eduardo Martinez, Mayor Cesar Zepeda, Councilmember, District 2 Cosponsor Sponsor

Proclamation by City of Richmond
Recognizing Martin Luther King Jr. Day

12

January 16, 2024

City Council

DATE: January 16, 2024
TO: Members of the City Council
FROM:

Vice Mayor McLaughlin, Councilmember Jimenez, and
Mayor Martinez
Subject:

Proclamation Honoring Successful Collaboration in the
Reduction of Homicides
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

In January of 2009, a proclamation was presented to
acknowledge the homicide reduction at that point in time

STATEMENT OF THE
ISSUE:

Richmond has seen a sharp reduction in homicides over
the past decades, recording only eight homicides in 2023 (from a high of 61 in 1991). It is important we honor this collaborative achievement.

RECOMMENDED ACTION: PROCLAMATION honoring Richmond’s successful collaboration in the reduction of homicides – Vice Mayor McLaughlin, Councilmember Jimenez and Mayor
Martinez (510-620-6861).

DISCUSSION:

The City of Richmond, in a collaborative effort, has made significant reductions in homicides over recent decades. This past year (2023), there were only eight (8) homicides in the City of Richmond which is a major reduction from the recorded high of AGENDA
REPORT
13

January 16, 2024
61 homicides in 1991. Our reductions in year 2023 represent a nearly 64 percent decrease in the number of homicides going back three years: year 2020 (n=22), year 2021(n=18), and year 2022 (n=18).

Many City Departments and Divisions, Commissions, Boards, Task Forces, non-profits and community groups participated in bringing about this reduction of homicides by collaboratively working to create a more empowered and peaceful Richmond.

This proclamation honors this successful collaboration and recommits us to continue fighting for the life and safety of all our residents. It also urges all City employees, all residents, all businesses, all neighborhoods and community organizations, to continue to expand our common efforts against violent crime and all crime as we work together in all ways possible to further our shared values of peace and prosperity in Richmond.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
14 Proclamation Honoring Richmond’s Successful Collaboration in the Reduction of Homicides

WHEREAS, violent crime has plagued Richmond in past decades hurting many families and the reputation of our city; and

WHEREAS, significant reduction in homicides has been achieved in the year 2023; and the number of homicides reported is the lowest in Richmond’s recorded history dating back to 1971; and

WHEREAS, in 2023 Richmond only had eight (8) homicides (in addition to two vehicular manslaughter cases and one death from an officer-involved shooting); and

WHEREAS, this significant reduction has been the result of a multifaceted approach which includes prevention and intervention efforts to address crime at its root causes, and simultaneously seeking prompt and fair suppression of violent crime when it emerges; and

WHEREAS, the Richmond City Council established the Office of Neighborhood Safety (ONS) in 2007 to facilitate, expand and coordinate multiple community interventions, and to have a front line of outreach workers (called Neighborhood Change Agents) on the streets acting for change and promoting peace and civility. ONS has recently expanded further and continues to do its extremely valuable work today; and

WHEREAS, City Departments have expanded many services including recreation programs, library and cultural programs, job training and placement programs like YouthWorks and RichmondBUILD, and have expanded development projects in the city’s inner core and the maintenance of our community centers, parks and streets; and

WHEREAS, the City of Richmond's work on Health in All Policies, passed in 2014, has enhanced community safety by addressing public health approaches to violence prevention through local government decisions that shape a healthy physical and social environment; and its work through the Government Alliance of Race and Equity (GARE) is helping eliminate racial inequities in our communities and developing a “collective impact” approach firmly grounded in inclusion and equity; and

WHEREAS, the 2020 City Council established a Reimagining Public Safety Community Task Force which made recommendations adopted by the 2021 City Council, who transferred funding from other budgetary areas to address alternative strategies of public safety, including: youth jobs through YouthWorks, additional hires for ONS, interventions for unhoused residents, and the creation of a Community Crisis Response Program; and

WHEREAS, Richmond has strengthened its Citizens Police Review Commission to advise the City Council, City Manager and Chief of Police on all matters pertaining to the administration of the Richmond Police Department; and

15 WHEREAS, the Richmond Police Department and its officers have continued to perform their duties with efficiency, responsibility and increased awareness of the expectations that the residents have of them; and

WHEREAS, the West County Family Resource Center and the Reentry Success Center were established with the leadership of County Supervisor John Gioia and other County officers to address the needs of domestic violence victims and the needs of returning parolees; and

WHEREAS, the City of Richmond established a Department of Children and Youth and established the Richmond Promise Program to help our youth have more opportunities to thrive and succeed in life; and

WHEREAS, many Richmond faith-based organizations have worked both independently and collaboratively with City agencies to reach the hearts and minds of many individuals in areas of high incidence of violent crime; a current example being the recently reactivated Richmond Peace Walks led by Faith in Action East Bay; and

WHEREAS, many community-based organizations continue to play key roles in violence reduction and prevention, including the Richmond Crime Prevention Board, the Richmond Progressive Alliance, RYSE, Safe Return Project, Vision of Hope Outreach, Richmond Neighborhood Councils, the Richmond Police Activities League, sports organizations like Richmond SOL Soccer Club, Richmond United Soccer Club, Richmond Little League and Richmond Steelers, various unhoused service providers (such as SOS Richmond, Way2Love, HCEB, Collaborising, and Richmond Community Foundation), as well as all the partners involved with Richmond Our Power Coalition and Lift Up Richmond, and many others; and

WHEREAS, the recorded high of 61 homicides in year 1991 is a sad, but not forgotten, year in our history and our reductions in year 2023 represent a nearly 64% decrease in the number of homicides going back three years: year 2020 (n=22), year 2021(n=18), and year 2022 (n=18); and

NOW THEREFORE BE IT RESOLVED that the Richmond City Council acknowledges and expresses its gratitude for this collective success achieved with the efforts of all of those who have played a role over the past decades and in recent years in particular; and

BE IT FURTHER RESOLVED that we, the elected representatives of the City of Richmond, on behalf of the People of Richmond, recommit ourselves to continue fighting for the life and safety of all our residents and urge all City employees, all residents, all businesses, all neighborhood and community organizations, to continue to expand our common efforts against violent crime and all crime as we work together in all ways possible to further our shared values of peace and prosperity in Richmond; and

BE IT FINALLY RESOLVED that the City Council Office will send certificates of appreciation to all the entities mentioned throughout this proclamation, thanking them for their role in helping us create a more empowered and peaceful Richmond.

Read and acknowledged at the January 16, 2023, City Council meeting:

Councilmember Gayle McLaughlin
Vice Mayor Claudia Jimenez
Mayor Eduardo Martinez
16 cc7Nov2023 – sl

RICHMOND, CALIFORNIA, November 7, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

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

B. ROLL CALL

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

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

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

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:34 p.m. Closed Session adjourned at 6:38 p.m.
17 cc7Nov2023 – sl

F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
The Regular Meeting of the Richmond Housing Authority Board of Commissioners was called to order at 6:43 p.m. by Chairperson Eduardo Martinez.

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

H. ROLL CALL

Present: Commissioners Soheila Bana, Doria Robinson, Cesar Zepeda, Vice Chair Gayle McLaughlin, Chair Eduardo Martinez, and Housing Authority Tenant Commissioner Jaycine Scott. Absent: Commissioners Claudia Jimenez and Melvin Willis were absent for the entire meeting.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Richmond Housing Authority (RHA) Executive Director Gabino Arredondo presented a PowerPoint that highlighted the draft RHA Annual Plan and an update for the Nevin Plaza renovation. Mr. Arrendondo encouraged the community to review the draft plan published on the city's website and provide public comments prior to the public hearing scheduled for December 19, 2023.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY OPEN FORUM
There were no public speakers.

M. HOUSING AUTHORITY CONSENT CALENDAR
Motion by Commissioner Zepeda
Seconded by Housing Authority Tenant Commissioner Scott To approve all items on the Housing Authority Consent Calendar.

Ayes (6): Commissioner Bana, Commissioner Robinson, Commissioner Zepeda, Vice Chair McLaughlin, Chair Martinez, and Housing Authority Tenant Commissioner Scott.

Absent (2): Commissioner Jimenez and Commissioner Willis.

Passed (6 to 2)
M.1 Contract Assignment from David Paul Rosen & Associates (DRA) to NELB Consultants, LLC (NELB)
ADOPT a resolution assigning the David Paul Rosen & Associates (DRA) contract to NELB Consultants LLC, for an estimated contract reassignment amount of $170,918.42, with a term ending June 30, 2025 – Richmond Housing Authority (Gabino Arredondo 620-6606).

Adopted Resolution No. 2191
M.2 Housing Authority Meeting Minutes
APPROVE the minutes of the September 12, 2023, regular meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620- 6513).
18 cc7Nov2023 – sl

M.3 Richmond Housing Authority (RHA) Cost Allocation Plan Approval ADOPT a resolution approving the Title 2 Code of Federal Regulations 200 Compliant Version Cost Allocation Plan to be implemented for Richmond Housing Authority (RHA) Budgeting (Fiscal Year 2023-2024) – Richmond Housing Authority/Finance Department (Gabino Arredondo 510-620-6606/Rita Martinez 510-621-1546).

Adopted Resolution No. 2192
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:48 p.m.

O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:48 p.m. by Mayor Martinez.

P. ROLL CALL

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

Q. STATEMENT OF CONFLICT OF INTEREST
Councilmember Robinson stated a conflict of interest with Item W.4.b (grant awards).

R. AGENDA REVIEW
Item Z.1 (Pacific Gas & Electric projects) was withdrawn from the agenda.

Item W.12.e (additional city cameras) was removed from the Consent Calendar for discussion at the end of the agenda.

Item Y .1 (cannabis ordinance) was continued to the November 28, 2023, City Council meeting.

Motion by Vice Mayor McLaughlin
Seconded by Mayor Martinez
To add an emergency item to the agenda for discussion immediately after the Consent Calendar as follows: DISCUSS and CLARIFY the council's position regarding its recommendation that a Request for Proposals (RFP) process be conducted by Recyclemore.

Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez.

Absent (2): Councilmember Jimenez and Councilmember Willis.

Passed (5 to 2)
Vice Mayor McLaughlin introduced the emergency item. Environmental Manager Samantha Carr presented a PowerPoint that highlighted background information, the city's goals, and timeline. Discussion ensued. The council suggested a Request for Qualifications rather than an RFP. The council expressed concerns regarding the transfer of post-collection trash and increased illegal dumping.

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Motion by Vice Mayor McLaughlin
Seconded by Councilmember Robinson
To authorize and direct the three Richmond RecycleMore boardmembers to execute their votes for an RFP process to commence for the post-collection process through the RecycleMore board.

Ayes (4): Councilmember Bana, Councilmember Robinson, Vice Mayor McLaughlin, and Mayor Martinez.

Abstained (1): Councilmember Zepeda.

Absent (2): Councilmember Jimenez and Councilmember Willis.

Passed (4 to 3)
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

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

Item C.2 (existing litigation) a summary of the status and potential settlement was given.

The council gave direction to negotiate a settlement agreement.

Item C.3 (anticipated litigation, significant exposure) one case was discussed and the council gave direction concerning negotiation. There was no reportable action taken.

The second case was not discussed.

Item C.4 (anticipated litigation, initiation) neither case was discussed.

T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl deferred her report to the next meeting to allow for the new employee report.

T.1 NEW EMPLOYEE REPORT - 1st Tuesday
Interim Director of Human Resources Sharonne Taylor presented a PowerPoint that highlighted new hires for the following departments/divisions: Port; Rent Control; Employment and Training; Police; Planning and Building; Recreation; and Public Works.

U. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Robinson acknowledged city staff and residents for the Pullman Neighborhood dumpster days cleanup work. Councilmember Robinson invited the community to a meeting to discuss Richmond's historic International Hotel site on November 12, 2023, at the Seaport Missionary Baptist Church.

Councilmember Bana acknowledged the Public Works Department, City Manager's Office, and the Fire Department for collaborating with the West Contra Costa Fire Safe Council, which facilitated its connection to Measure X mitigation resources.

Councilmember Bana announced that the result of that effort would allow 100 acres or more of city-owned properties to receive fuel reduction.

Vice Mayor McLaughlin announced that the Homeless Town Hall recently held in El Sobrante was successful. Vice Mayor McLaughlin advised that work continued for a new Marina Bay farmers market and acknowledged staff and others for their assistance. 20 cc7Nov2023 – sl

Vice Mayor McLaughlin announced that the planning process started for the 2024 Literacy Festival.

Mayor Martinez reported that he and Councilmember Bana attended a ground-breaking for a new Center for Elders' Independence in El Sobrante. Mayor Martinez announced that he hosted the Secretary of Technology and Science from Guatemala and she visited two sites near the Richmond Field Station. Mayor Martinez advised that he participated in the Bloomberg Harvard City Leadership Initiative that focused on innovation.

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

Al Engel gave comments to alert the city of a ruling by the Superior Court against the City of Oakland Port for allowing coal transportation. Mr. Engel advised that coal would be transported from Oakland through Parchester Village, and there was ongoing litigation for railway interchange construction defects in Richmond. Mr. Engel urged the council and all interested parties to respond within the ten-day deadline.

Don Gosney gave comments regarding former Congressman Richard Pomo's conservative politics. Mr. Gosney expressed concerns that the city's resolution supporting Gaza adopted on October 28, 2023, caused division in the community. Mr.

Gosney gave comments against councilmembers interactions with the chanting audience following the adoption of the resolution.

Dorian Reid, Elsa Stevens, and Julia Keen gave comments against a five percent rent increase at the Hilltop Heritage Senior Apartments. Ms. Stevens acknowledged the councilmembers who visited the site. Ms. Keen advised that there was a decrease in amenities at the apartments and that ongoing rent increases would cause homelessness.

Mark Wassberg and Bruce German gave comments regarding the Israel-Hamas war.

Sam Lewis advised that the services and quality of life at the Heritage Park Senior Apartments were reduced or eliminated. Mr. Lewis gave comments against the apartment's management and urged the council for assistance.

Theresa Russell acknowledged Councilmember Zepeda for his efforts to amend the city's resolution supporting Gaza and voting against it at the October 28, 2023, City Council meeting. Ms. Russell expressed concerns that the resolution caused divisiveness in the community. Ms. Russell urged the council to mend the riffs and make the community feel secure.

Wesley Alexander gave comments to advocate for businesses, non-profits, and community-based organizations that were in operation during the pandemic. Mr.

Alexander expressed concerns regarding the adverse impacts on small businesses from the inflationary environment. Mr. Alexander urged the council to immediately prioritize the distribution of the American Rescue Plan Act funds.

Rick Perez acknowledged the council for taking a stance against the apartheid of Gaza and expressed concerns for the innocent lives lost. Mr. Perez gave comments against police shootings. Mr. Perez reported that he and his friend's trucks were stolen. Mr.

Perez advised that unhoused individuals in his neighborhood were stealing and causing damage to private property. Mr. Perez urged the council to solve the homeless problem.

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

Ms. Perez advised that she deplored the Israel-Hamas war. Ms. Perez suggested that more police training was needed for handling unarmed suspects. 21 cc7Nov2023 – sl

Jamin Pursell announced that there were two events scheduled for the Richmond Civic Center. The Transgender Day of Remembrance on November 20, 2023, and a World Aids Day vigil on December 1, 2023.

Antwon Cloird gave comments against Item Y .1 (increasing the number of cannabis retailers). Mr. Cloird advised that cannabis proceeds did not benefit the youth. Mr.

Cloird expressed concerns that the lack of youth activities would contribute to crime. Mr.

Cloird urged the council to support struggling youth organizations and invest in youth opportunities, jobs, and training programs.

The following speakers gave comments via teleconference:

Janet S. Johnson expressed concerns regarding the city's Community Emergency Response Team (CERT) and the lack of an office of emergency services manager (OES) in the Fire Department. Ms. Johnson advised that the Fall CERT academy training was canceled in Richmond. Ms. Johnson announced that in the absence of an OES manager, future CERT courses may only take place if sufficient voluntary resources were found.

Ms. Johnson urged the Fire Department to hire an OES manager.

Mike Velazquez acknowledged the city for offering a mental health program to Fire Department personnel. Mr. Valezquez highlighted the fire union side letter that allowed other ranks to work down so that mandated firefighters may go home to their families.

Leisa Johnson acknowledged Councilmember Zepeda for reaching out to the community regarding the pro-Palestinian resolution adopted by the council on October 28, 2023. Ms.

Johnson gave comments against the resolution and the impact on the community.

Naomi Williams inquired about the status of the proposed cannabis retailer at 350 Cutting Boulevard in the Pullman Neighborhood. Ms. Williams advised that the neighborhood had not received any community benefits as promised. Ms. Williams also advised that the residents on the south side of Richmond needed help.

W. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
City Clerk Pamela Christian announced that Item W.4.b was withdrawn from the agenda.

Motion by Councilmember Bana
Seconded by Vice Mayor McLaughlin
To approve all items on the Consent Calendar except items W.4.b and W.12.e.

Councilmember Robinson voted no on items W.7.b and W.12.f.

Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez.

Absent (2): Councilmember Jimenez and Councilmember Willis.

Passed (5 to 2)

W.1 City Attorney's Office
W.1.a Settling Guidiville Rancheria of California, et al v. United States of America, et al.

APPROVE the proposed settlement agreement in Guidiville Rancheria of California, et al. v. United States of America, et al. for a total settlement 22 cc7Nov2023 – sl

amount of $75,000 – City Attorney’s Office (Dave Aleshire 510-620- 6509).

W.2 City Clerk's Office
W.2.a City Council Meeting Minutes
APPROVE the minutes of the regular September 19, September 26, and special September 27, 2023, City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

W.3 City Council
W.3.a Accept $75,000 contribution from Prologis for LifeLong Medical Care’s Health Ambassador Program.

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

W.3.b Wildfire Prevention Memorandum of Understanding (MOU) and Richmond Resolution
ADOPT a resolution authorizing the City of Richmond to enter into a Memorandum of Understanding (MOU) among jurisdictions in the East Bay Hills to form a wildfire coordinating group to improve regionwide collaboration on wildfire mitigation activities and reduce wildfire risk throughout the East Bay Hills; in addition, ADOPT a resolution on an Overall Wildfire Risk Reduction and Response Policy to be presented to the regional group once convened - Vice Mayor McLaughlin (510-620- 6636).

Adopted Resolution Nos. 119-23 and 120-23.

W.4 City Manager's Office
W.4.a First Contract Amendment with The Gardner Group, LLC Approve a first amendment to the contract with The Gardner Group, LLC, in the amount of $90,000, to continue to provide management consulting services on an as-needed basis, for a new total contract amount not to exceed $100,000, and extending the contract term to December 31, 2024 – City Manager’s Office/Finance Department (Shasa Curl/Nickie Mastay/LaShonda White/Andrea Miller 510-620-6512).

W.4.b City Council Environmental Community Investment Agreement (ECIA) Ad Hoc Committee’s Fiscal Year 2023-24 Category 3 ECIA Grant Award Recommendations ($50,000)
APPROVE a recommendation from the City Council ECIA Grant Review Ad Hoc Committee to award $50,000 in Fiscal Year 2023-24 Environmental Community Investment Agreement (ECIA) Grant funds (Category 3 - City Council Approved Award) to eight Richmond-serving non-profit organizations; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (LaShonda White 510-620- 6512/Patrick Seals 510-307-8016).

Withdrawn from the agenda.
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W.5 Community Development
W.5.a Contract with Hatchuel Tabernik and Associates to provide Program Evaluation Services
APPROVE a contract with Hatchuel Tabernik and Associates (HTA) in the amount of $40,000, to provide evaluation services for the City’s Encampment Resolution Funding Round 1 project, for a term from November 7, 2023, through December 31, 2025, with an option to increase the contract by an additional $40,000 upon evaluation of year 1 work and outcomes – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

W.6 Economic Development
W.6.a Report on the Port of Richmond Operations
RECEIVE a written report on the Port of Richmond’s operations, facilities, and economic opportunities – Economic Development Department (Nannette Beacham/Lizeht Zepeda 510-620-6653).

W.6.b Amend the Port of Richmond Federal Maritime Commission (FMC) Tariff No.3
ADOPT a resolution to amend the Port of Richmond FMC Tariff No. 3 reflecting a six and two-tenths percent (6.2%) general rate increase (GRI) to the Port of Richmond Federal Maritime Commission (FMC) Tariff No. 3 and an annual Consumer Price Index (CPI) rate adjustment as approved by the Executive Committee of the California Association of Port Authorities (CAPA) – Economic Development Department (Lizeht Zepeda 510-620-6653).

Adopted Resolution No. 121-23
W.7 Finance Department
W.7.a Second Contract Amendment with Badawi and Associates for Audit Services
APPROVE a second contract amendment with Badawi and Associates in the amount of $18,000, for a new total amount not to exceed $1,548,370, to provide an audit of the City’s California Violence Intervention and Prevention Grant Program, for the period from October 1, 2020, to June 30, 2023 – Finance Department/Office of Neighborhood Safety (Andrea Miller/Mubeen Qader/Sam Vaughn/Jerry Chak 510-620-6569).

W.7.b Approval of Liens and Special Assessments for Unpaid Garbage Collection Service Fees Due to Republic Services
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Mubeen Qader 510- 620-6740/Antonio Banuelos 510-620-6741).

Adopted Resolution No. 122-23
Councilmember Robinson voted no on this item.

W.7.c Resolution Approving an Additional Three Percent Annual Cost of Living Increase for Recipients of the General Pension Fund for 2024 ADOPT a resolution approving a three percent annual cost of living increase, in addition to the two percent minimum cost of living increase, 24 cc7Nov2023 – sl

for the recipients of the General Pension Fund, for a total annual cost of living increase of five percent for these recipients – Finance Department (Andrea Miller 510-620-6740).

Adopted Resolution No. 123-23
W.8 Human Resources
W.8.a Contract with Restoration Family Counseling Center to Provide Services to Sworn Fire Personnel
APPROVE a three-year contract with Restoration Family Counseling Center (RFCC), in an amount not to exceed $133,000, with a term from October 24, 2023, through October 24, 2026, to provide mental health services for Sworn Fire Personnel – Human Resources Department (Nickie Mastay/Sharrone Taylor/Amy Aaronson/Aaron Osorio 510-620- 6602).

W.8.b Resolution Approving a Side Letter to the Memorandum of Understanding with Fire Unions
ADOPT a resolution approving a side letter to the Memorandum of Understanding between the City of Richmond and the International Association of Firefighters Local 188, regarding eligibility for overtime assignments – Human Resources Department (Interim Chief Aaron Osorio/Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 124-23
W.9 Information Technology
W.9.a Sole-Source Agreement with ParcelQuest for Land-Based Property Data Subscription and Online Licenses
APPROVE a sole-source agreement in the amount of $50,000 with ParcelQuest for an annual property data subscription and online license use, with a term from October 1, 2023, through September 30, 2024 – Information Technology Department (Sue Hartman 510-620-6874).

W.10 Library and Community Services
W.10.a Approve contracts with the Roots of Success of America and Richmond Community Foundation
APPROVE contracts with (1) Roots of Success in the amount of $180,000, and (2) Richmond Community Foundation in the amount of $150,000, to provide workforce training and employment services for up to 20 youth each, for a term commencing October 18, 2023, and ending December 30, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307-8006).

W.10.b First Contract Amendment with Rubicon Programs to Provide Workforce Training and Employment Ppportunities Funded Under the California for All Youth Grant
APPROVE a first amendment to the contract with Rubicon Programs, to increase the contract limit by $95,323, for a total amount not to exceed $190,646, to be the service provider for the Beautify Richmond program, with a contract term through March 31, 2024 – Community Services Department (LaShonda White 510-620-6828/Tamara Walker 510-307- 8006).
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W.10.c Amendment to the Interagency Agreement between the City of Richmond and Contra Costa County for the Joint Administration of the North Richmond Mitigation Funding
APPROVE an amendment to the Interagency Agreement between the County of Contra Costa (County) and the City of Richmond (City), effective September 19, 2023, to increase the payment limit by $360,000, for a new payment limit of $835,000, and extend the term from September 30, 2023, to September 30, 2026, to facilitate the City’s continued use of the North Richmond Mitigation Fee (NRMF) funding, and to co-staff the NRMF Committee and implement services and programs authorized in the City/County-approved expenditure plans; and AUTHORIZE the city manager or their designee to execute the amendment to the Interagency Agreement between the County and City – Community Services Department (LaShonda White 510-620-6828/Lori Reese-Brown 510-620- 6869).

W.11 Mayor's Office
W.11.a Proclamation Declaring October 21, 2023, as Arbor Day in Richmond PROCLAMATION recognizing October 21, 2023, as Arbor Day in Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

W.11.b Planning Commission Appointment
APPOINT Aaron He to the Richmond Planning Commission, term expires, June 30, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

W.11.c Proclamation Declaring November 2023 as Native American Heritage Month in the City of Richmond and acknowledging the contributions of Native Americans in our Community
PROCLAMATION declaring November 2023 as Native American Heritage Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503)
W.12 Police Department
W.12.a Blanket Purchase Orders for Ongoing Police Ammunition Purchases APPROVE and AUTHORIZE the Police Department to create blanket purchase orders for required training and duty ammunition purchases of up to $50,000 per vendor, for the remainder of Fiscal Year 2023-2024 and Fiscal Year 2024-2025. The four vendors are Dooley, LC Action, San Diego Police Supply, and Ammo Incorporated – Police Department (Chief Bisa French 510-621-1802).

W.12.b Proposed Contract with Donnoe and Associates to Administer the Promotional Exam for Police Sergeant, Lieutenant, and Captain APPROVE a contract with Donnoe & Associates, Inc., in a total amount not to exceed $38,500, for Police Staff promotional exam creation, administration, and ranking, for the period November 8, 2023, through November 7, 2024 – Police Department (Chief Bisa French 510-621- 1802).

W.12.c Proposed Contracts with Get Polygraphed, Inc. and Shannon Layer Polygraph for Preemployment Polygraph Services
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APPROVE two contracts with (1) Get Polygraphed, Inc. for a payment limit not to exceed $50,000, and (2) Shannon Layer Polygraph for a payment limit not to exceed $50,000, each for a three-year term beginning November 8, 2023, and ending November 7, 2026, to provide pre- employment polygraph services for sworn and non-sworn Police Department applicants, for a total program cost not to exceed $100,000, with an option for a two-year mutually agreed upon contract extension of $30,000 per vendor – Police Department (Chief Bisa French 510-621- 1802).

W.12.d Executive Management Training Course Held in Boston, Massachusetts for Assistant Chief Timothy Simmons.

ACCEPT and APPROVE the course registration amount not to exceed $11,400, and the out-of-state travel form, for the Senior Management Institute for Police (SMIP) program at Boston University School of Law for Assistant Chief Simmons to attend from June 3, 2024, through June 21, 2024 – Police Department (Chief Bisa French 510-621-1802).

W.12.e First Contract Amendment with Flock Group, Inc. to Add Additional Cameras Throughout the City
APPROVE a first contract amendment with Flock Group, Inc. in the amount of $748,500, including a $13,000 contingency, for a new total contract amount not to exceed $998,100, for additional cameras to be installed and replaced throughout the City, for the term ending February 28, 2026 – Police Department (Chief Bisa French 510-621-1802).

Chief of Police Bisa French introduced the matter. Chief French, Police Captain Eric Smith, and Deputy Police Chief Timothy Simmons gave an overview of the information captured by the cameras and retention policy.

Chief French provided examples of cases where the cameras provided evidence to capture suspects. Discussion ensued. The council requested a cost-benefit analysis with the civil liberties component factored in. (At approximately 11:28 p.m. - a motion by Councilmember Zepeda, seconded by Councilmember Bana, to suspend the rules and extend the meeting to complete the discussion for Item W.12.e, passed by the unanimous vote of the City Council). Further discussion ensued. The council requested staff to consider developing a policy on criminalization.

Ben Therriault and Theresa Russell gave comments in person. The following individuals gave comments via teleconference: Tracy Rosenberg, Leisa Johnson, Layla Dima, and Naomi Williams. Further discussion ensued. The council suggested an education and awareness program alerting the public of the cameras.

Main Motion by Councilmember Zepeda
Seconded by Councilmember Bana
To approve the staff recommendation and add a component for the Police Department's potential community engagement staff to conduct community education when hired.

Ayes (5): Councilmember Bana, Councilmember Robinson,
Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez.

Absent (2): Councilmember Jimenez and Councilmember Willis.

Passed (5 to 2)

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Substitute Motion by Vice Mayor McLaughlin
To only install 40 plan tilt zoom cameras for illegal dumping and staff return to the council with an analysis providing various options for different numbers of cameras. Died for lack of second. The main motion passed.

W.12.f 18-Month Plan to Eliminate Mandatory Overtime within the Richmond Police Department
RECEIVE a written report which outlines the Richmond Police Department’s strategy to eliminate the need for mandatory patrol overtime signups within the next 18 months – Police Department (Chief Bisa French 510-621-1802). This item was continued from the October 3, 2023, meeting.

Councilmember Robinson voted no on this item.

W.12.g Crime Report from Police Chief
Receive a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802). This item was continued from the October 24, 2023, meeting.

W.13 Public Works
W.13.a Proposed Restated Agreement and Amendment to the West County Agency Joint Powers Agreement between the City of Richmond and the West County Wastewater District
ADOPT a resolution approving the Amended and Restated Joint Powers Agreement of the West County Agency between the City of Richmond and the West County Wastewater District – Public Works Department (Daniel Chavarria 510-620-5478/Mary Phelps 510-621-1269).

Adopted Resolution No. 125-23
W.13.b Resolution Designating Officials Authorized to Apply and Sign for Federal and State Post Disaster Financial Assistance
ADOPT a resolution designating and authorizing the City Manager, Director of Finance, Director of Public Works, and City Engineer as officials who may apply for federal and state post disaster financial assistance under the California Disaster Assistance Act – Public Works Department (Daniel Chavarria 510-620-5478/Robert Armijo 510-620- 5477).

Adopted Resolution No. 126-23
W.13.c Transportation Development Act (TDA) Grant Contract with SOS! Richmond for the Richmond Ferry to Bridge Bicycle & Pedestrian Network Improvements Projects
APPROVE a contract with SOS! Richmond, in the amount of $30,000, to provide maintenance for the Richmond Greenway through June 30, 2024, and comply with requirements under the Transportation Development Act (TDA) Grant issued to the City of Richmond for Bicycle & Pedestrian Improvements – Public Works Department (Robert Armijo 510-620- 5477/Josef Munoz 510-620-6671).
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W.13.d Housing Resolution for Compliance with One Bay Area Grant (OBAG) Funding Requirements
ADOPT a resolution wherein the City agrees to continue complying with various state housing laws as a condition of receiving its One Bay Area Grants (OBAG) 3 funding awards for the Bayview to BART and McBryde Ave Safe-Routes-to-Parks projects – Public Works Department (Robert Armijo 510-620-5478/Josef Munoz 510-620-6671/Lina Velasco 510-620- 6841).

Adopted Resolution No. 127-23
W.13.e As-Needed Landscape Architectural Design Services for Various City of Richmond Projects
ADOPT a resolution authorizing service contracts with seven architectural design firms for as-needed landscape architectural services, in an amount not to exceed $500,000 per firm, over a three-year period from December 1, 2023, through December 31, 2026, with two one-year extension options, for a total amount not to exceed $300,000 per firm for the total extension period - Public Works Department (Robert Armijo 510-620- 5477/Josef Munoz 510-620-6671).

Adopted Resolution No. 128-23
X. BUDGET SESSION
X.1 FY 2022-23 Q4 Financial Report and Administrative Budget Adjustments RECEIVE the Fiscal Year 2022-23 Quarter 4 (Q4) report for the period of July 1, 2022, through June 30, 2023; APPROVE proposed administrative year-end budget adjustments; and PROVIDE DIRECTION to staff regarding Estimated Unspent Funds - Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077). This item was continued from the October 24, 2023, meeting.

City Manager Shasa Curl introduced the matter. Director of Finance Andrea Miller, Deputy City Manager Internal Services Nickie Nastay, Deputy City Manager Community Services LaShonda White, Deputy Director of Finance Mubeen Qader, Revenue Manager Antonio Banuelos, Director of Public Works Daniel Chavarria, and Deputy Director of Public Works Robert Armillo presented a PowerPoint that highlighted the following: Guiding Fiscal Policies; General Fund revenue, expenditures, and adjustments; reserve level; non-General Fund revenue and expenditures; Capital Improvement Projects shortfall and unfunded; administrative budget adjustments; next steps; and other post-employment benefits and pension unfunded liabilities. Discussion ensued. The council requested the following: publish the updated PowerPoint slides on the city's website; address the confusion with the West Cutting Boulevard bike lanes and widths; include District 4 with future biking and park plans; consider allocating funds by project name for those that were close to completion and reserve funds for newly started projects where costs were subject to increase; prioritize the renovation of the Booker T. Anderson Community Center; utilize American Rescue Plan Act funds towards emergency response and resilience; recognize that the whole surplus included funds allocated for the Richmond Main Library renovation; and provide an itemized budget for the $1 million Community Crisis Response Program (CCRP) implementation budget, and consider allocating $2 million toward the next fiscal year funding to operate the CCRP for the first year.

The following individuals gave comments in person: Theresa Russell, Samantha Torres, Angela Aranda, and Jamin Pursell. Emily Ross and Layla Dima gave 29 cc7Nov2023 – sl

comments via teleconference. Further discussion ensued. The council requested staff to provide a budget for all-season turf for soccer fields.

Motion by Vice Mayor McLaughlin
Seconded by Councilmember Robinson
To accept the staff recommendation for the unspent funds; direct staff to insert $2 million of ongoing funding into the fiscal year 2024-2025 budget for the Community Crisis Response Program; and consider a change to the guiding fiscal policies. A friendly amendment made by Councilmember Robinson was accepted to add an allocation to start the process to move soccer fields into the Capital Improvement Plan; revisit the policy around other post-employment benefits (OPEB) and pension set-a-sides and make it clear when that percentage was taken in and from what funding source; and receive a budget amount from staff to allow for two to three additional soccer fields to move into the development process paying for planning and design.

Ayes (5): Councilmember Bana, Councilmember Robinson, Councilmember Zepeda, Vice Mayor McLaughlin, and Mayor Martinez
Absent (2): Councilmember Jimenez, and Councilmember Willis Passed (5 to 2)
The council requested staff to provide at a future meeting more clarity on the OPEB and CalPERS process and how the contributions were determined.

Adopted Resolution Nos. 128-23(A) and 128-23(B)
Y. PUBLIC HEARINGS
Y.1 Cannabis Ordinance Amendments
HOLD a Public Hearing; and INTRODUCE (first reading) an ordinance making certain amendments to Richmond Municipal Code (RMC) Section 15.04.610.270 Marijuana/Cannabis Commercial Uses, that includes, but is not limited to, increasing the number of storefront retail permits and adding new non-storefront retail (delivery only) permits, with a certain amount of the new retailer licenses to be reserved for equity applicants – Community Development Department (Lina Velasco 510-620-6841).

Continued to the November 28, 2023, City Council meeting.

Z. NEW BUSINESS
Z.1 Status of Pacific Gas & Electric Projects in Richmond RECEIVE a presentation from Pacific Gas & Electric on projects in Richmond - Mayor Eduardo Martinez (510-620-6503) and Councilmember Claudia Jimenez (510-620-6565).

Withdrawn from the agenda.

Z.2 Itemize Budget for Public Emergency Preparedness for Public Disasters- Earthquake and Wildfire
RECEIVE a presentation from Councilmember Bana; and PROVIDE DIRECTION to City staff to develop a funding plan of $1.09 million for wildfire and earthquake safety in November 2023, and return with an additional proposal for appropriations during Mid-Year Fiscal Year 2023-24 – Councilmembers Soheila Bana (510-779-7280) and Cesar Zepeda (510-620-6593). This item was continued from the October 24, 2023, meeting.
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Councilmember Bana introduced the matter and presented PowerPoint that highlighted the following: preparedness for public disasters; goals and potential funding sources; Contra Costa Measure X; vulnerable resources; fire hazard zones; remote control mower and goat/sheep brush clearing; city-wide public disaster preparedness and study planning; fire access lanes accessibility; dedicated fire inspector; chipper truck and chipper; Wildland Urban Interface/3DI software management tool; public awareness; fireboat/marine unit; training; vegetation management; earthquake early warning; request for $500,000 in funding for immediate needs; and direction for staff to identify additional funding sources and a timeline. Discussion ensued. The council suggested that this matter be returned to a future meeting after review by the interim fire chief. The council requested staff to return to a future council meeting with a financial source for a wildfire prevention plan and a list in order of importance.
(At 11:00 a.m. - a motion made by Councilmember Zepeda, seconded by Councilmember Bana, to extend the meeting to hear Item W.12.e, passed by the unanimous vote of the City Council).

AA. ADJOURNMENT
There being no further business, the meeting adjourned at 12:19 a.m., in honor of veterans, to meet again on November 28, 2023, at 6:30 p.m.

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

31 1

RICHMOND, CALIFORNIA,

December 5, 2023, 3:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 3:30 p.m.

The meeting was called to order at 3:36 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Hanlees Hilltop Buick et al. v. City of Richmond
 Riggers Loft Wine Company v. City of Richmond et al.
 Hernandez v. Hodges
 Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.  North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
Eric Reason v. City of Richmond, et al.

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  Two cases
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One case
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 City Designated Representative: Dave Aleshire, City
AttorneyUnrepresented employee: City Manager
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:
32 2

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
The meeting adjourned to Closed Session at 3:38 p.m. Closed Session adjourned at 6:30 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

The meeting was called to order at 6:35 p.m.

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

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item Q.1. (Cannabis Ordinance Amendments) was continued to the February 6, 2024, City Council meeting. Item O.5.c. (Contract with American Global Security for Site Security at the Castro Encampment) was removed from the Consent Calendar for discussion after approval of the Consent Calendar.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION

C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Hanlees Hilltop Buick et al. v. City of Richmond - Report was given - No reportable action taken.

Riggers Loft Wine Company v. City of Richmond et al.- Report was given - No reportable action taken.

Hernandez v. Hodges - Report was given - No reportable action taken.

Winehaven v. City of Richmond - Not discussed.

Guidiville Rancheria of California, et al. v. United States of America, et al. - Not discussed.

North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond - Not discussed.
33 3
Eric Reason v. City of Richmond, et al.- Report was given - No reportable action taken.

C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Two cases - Discussed. No reportable action taken.

C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case - Discussed. No reportable action taken.

C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
City Designated Representative: Dave Aleshire, City Attorney Unrepresented employee: City Manager
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations: - Not discussed

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager, Shasa Curl gave the following report: Contra Costa Office of Emergency Services Informational Session would be on Wednesday, December 6, 2023, from 6:30 p.m. to 7:30 p.m. at the Oakley City Council Chambers; Richmond Library Renovation Project Community Meetings would be on Wednesday, December 6, 2023, from 6:30 to 7:45 p.m. via Zoom and on Thursday, December 14, 2023, at the Richmond Main Public Library, from 6:00 p.m. to 7:15 p.m.; NIAD Holiday Sale & Gallery Reception would be on Saturday, December 9, 2023, from 1:00 p.m. to 4:00 p.m., at the NIAD Art Center; and the Downtown Holiday Festival would be on Wednesday, December 13, 2023, from 4:00 p.m. to 7:30 p.m., at the Iron Triangle Theater.

L.1 NEW EMPLOYEE REPORT - 1st Tuesday
Interim HR Director Sharone Taylor introduced the following new hires for November 2023: Michele Ramos, Head of Reference, Library; Esmeralda Gonzales, Beatriz Guerrero Auna, Project Coordinator, Planning and Building; Rebecca Vanegas, I.T. Manager, Information Technology; Sonomia Byrd, Recreation Program Specialist, Community Services; Michael Smith, Fire Chief Annuitant, Fire Department; Luis Angel Encino, Administrative Student Intern, Community Services; Raymond Davis, Maintenance Aide II/III, Public Works; Karina Alejandre, Parking Enforcement Representative, Police Department; Jasvinder Gahla, Administrative Student Intern, Community Services; Andrew Lozano, Combination Equipment Mechanic, Public Works; and Austin Basye, Administrative Student Intern, Community Services; and Emergency Services Manager, Richard Diaz, who introduced himself.

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) 34 4
Councilmember Zepeda reported that there were odor problems from the Veolia Wastewater Treatment Plant. The odors were the result of taking a secondary clarifier offline to accommodate the contractor's construction work and who began draining the tank on December 4, 2023.

Councilmember Willis reported that the primary concerns in his district were human trafficking around the 24th street corridor and illegal dumping.

Councilmember Bana stated there were plans to create a gender-based violence taskforce; a petition to PG&E CPUC to underground very high voltage transmission lines in the very high fire severity zones; thanked the city manager and human resources director for the new hires, including the Office of Emergency Services Manager. Councilmember Bana also congratulated NIAD for SF MOMA that bought 100 pieces of their artwork.

Mayor Martinez announced that he would present the State of the City on December 18, 2023. The mayor and city council congratulated and sang Happy Birthday to City Clerk, Pamela Christian, who was presented with flowers.

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Mark Wassberg gave comments regarding the AIDS epidemic.

Antwon Cloird stated that more youth programs were needed to help decrease crime.

Wesley Alexander gave comments regarding the legacy of the African American community in Richmond and the need to support small businesses and the development of a task force to assist businesses in Richmond.

Jamin Pursell thanked Mayor Martinez and Councilmember Zepeda for placing a proclamation on the agenda recognizing World AIDS Day. Mr. Pursell also announced a Richmond Rainbow Pride event and toy drive at Kaleidescope Coffee on Sunday, December 17, 20203, from 4pm to 6pm.

Ruthie Dineen announced that the Downtown Holiday Festival was on December 13, 2023, from 4pm to 7:30pm at the East Bay Center. Ms. Dineen also informed that classes at the East Bay Center are tuition free and registration begins December 11, 2023.

O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Melvin Willis

Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Mayor Eduardo Martinez
Absent (2): Councilmember Claudia Jimenez, and Vice Mayor Gayle McLaughlin Passed (5 to 0)

O.1 City Attorney's Office
35 5
O.1.a Approval of settlement agreement in Jose Sotelo v. City of Richmond, et al
APPROVE the proposed settlement agreement in Jose Sotelo v. City of Richmond, et al. for a total settlement amount of $105,000 – City Attorney’s Office (Dave Aleshire 510-620-6509).

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

O.3 City Council
O.3.a World AIDS Day
PROCLAMATION recognizing World AIDS Day, to honor the 700,000 Americans and 40 million lives lost worldwide to AIDS-related illnesses over the years – Councilmember Cesar Zepeda (510-620-6593) and Mayor Eduardo Martinez (510-620-6503).

O.4 City Manager's Office
O.4.a Fiscal Year 2023-24 Category 3 ECIA Grant Award Recommendations ($44,000)
APPROVE a recommendation from the City Council ECIA Grant Review Ad Hoc Committee to award $44,000 in Fiscal Year 2023-24 Environmental Community Investment Agreement (ECIA) Grant funds (Category 3 - City Council-Approved Award) to seven (7) Richmond- serving non-profit organizations; ADOPT a resolution; and AUTHORIZE the city manager to negotiate and execute Grant Service Agreements with approved grantees – City Manager’s Office (LaShonda White 510-620- 6828/Patrick Seals 510-307-8016).

Adopted Resolution No.134-23.

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

O.5.b Sole-Source Agreement with The Regents of the University of California for Project Evaluation for the City of Richmond’s Transformative Climate Communities (TCC) Implementation Grant
APPROVE a sole-source service agreement with The Regents of the University of California, a California public corporation, for a total amount not to exceed $1,070,000, to document and evaluate program processes as well as outputs, outcomes, and impacts of the City’s Transformative Climate Communities (TCC) Round 4 Richmond Rising Project focused on serving the Iron Triangle, Santa Fe, and Coronado 36 6
neighborhoods, with a term beginning October 1, 2023, through June 30, 2029 – Community Development Department (Lina Velasco/Beatriz Guerrero 510-620-5450).

O.5.c Contract with American Global Security for Site Security at the Castro Encampment.

APPROVE a contract with American Global Security, in an amount not to exceed $353,524, to provide security guard services at the Castro Encampment for up to two guards, 24 hours a day, seven days a week, for a term beginning December 6, 2023, and ending on June 30, 2024 – Community Development Department (Lina Velasco/Jesus M. Morales 510-620-6706).

Lina Velasco Director of Community Development gave an overview.

Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Melvin Willis

Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Mayor Eduardo Martinez
Absent (2): Councilmember Claudia Jimenez, and Vice Mayor Gayle McLaughlin
Passed (5 to 0)

O.5.d Accept and Appropriate Grant Funds from All Home
ACCEPT and APPROPRIATE a $15,000 grant from All Home, provided via the Tides Center, to support the City’s Round 3 Homekey Application to acquire a motel to convert into Permanent Supportive Housing – Community Development Department (Lina Velasco 510-620-6706).

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

O.6 Finance Department
O.6.a Ordinance changing the due date of the Business Tax for businesses (excluding rental businesses) from July 1st to April 1st and adding a section allowing for a thirty-day grace period before late fees are assessed.

ADOPT an ordinance (second reading) changing the due date for the business tax (excluding those due from rental businesses) from July 1 to April 1, and add a section allowing for a thirty-day grace period before late fees are assessed – Finance Department (Nickie Mastay/Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).
37 7
Adopted Ordinance No. 10-23 N.S.

O.7 Fire Department
O.7.a Resolution Designating Officials and Authorizing Submission and State Financial Disaster Assistance
ADOPT a resolution designating officials and authorizing submission of an application to the State of California Governor’s Office of Emergency Services for state financial assistance under the California Disaster Assistance Act and the Robert T. Stafford Disaster Relief and Emergency Assistance Act – Fire Department (Deputy Fire Chief Aaron Osorio 510- 307-8021/Andrea Miller 510-620-6790).

Adopted Resolution No. 135-23.

O.8 Human Resources
O.8.a City Holiday Closure from December 26 through December 29, 2023 ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees International Union (SEIU) Local 1021 (Full-Time and Part-Time Units) and International Federation of Professional and Technical Engineers (IFPTE) Local 21 (Mid- Management and Executive Management Units) regarding the holiday closure for December 2023 – City Manager’s Office/Human Resources Department (Shasa Curl/Sharrone Taylor/Nickie Mastay 510-620-6602).

Adopted Resolution No. 136-23.

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

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

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

O.10.c Richmond-Shimada Friendship Commission Appointment APPOINT Mindy Pines to an unexpired term in the Richmond-Shimada Friendship Commission, Term Expires January 18, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
38 8
O.10.d Urban Forest Advisory Committee Appointment
APPOINT Ethan Rayner to the Urban Forest Advisory Committee with a term that expires on November 17, 2026 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.11 Police Department
O.11.a Executive Management Training Course Held in Boston, Massachusetts for Captain Matthew Stonebraker
ACCEPT and APPROVE the course registration amount not to exceed $11,400, and the out-of-state travel form, for the Senior Management Institute for Police (SMIP) program at Boston University School of Law for Captain Stonebraker to attend from July 8, 2024, through July 26, 2024 – Police Department (Chief Bisa French 510-621-1802).

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

Adopted Resolution No. 137-23.

O.12.b Smart Signals Project Funding Agreement with Contra Costa Transportation Authority (CCTA)
ADOPT a resolution authorizing a Funding Agreement between Contra Costa County Transportation Authority (CCTA) and City of Richmond for the allocation of Smart Signals Project funding to City of Richmond for 21 locations; and ACCEPT and APPROPRIATE the matching contribution of $182,336 from the Gas Tax fund Balance – Public Works Department (Robert Armijo 510-620-5477/ Ken Cheng 510-621-1612).

Adopted Resolution No. 138-23.

P. BUDGET SESSION
P.1 Update and Funding Options Using American Rescue Plan Act (ARPA) and Environmental and Community Agreement (ECIA)
39 9
RECEIVE an update regarding the American Rescue Plan Act (ARPA), and Environmental Community Investment Agreement (ECIA); DISCUSS recommendations to utilize ARPA and ECIA funds to offset identified shortfalls in Capital Projects and programs/projects aligned with the City Council Strategic Goals; and ADOPT a resolution appropriating ARPA and ECIA to fund proposed expenditures – Finance Department/City Manager’s Office (Andrea Miller 510- 620-6790/Mubeen Qader 510-412-2077/LaShonda White 510-620-6828). This item was continued from the November 28, 2023, meeting.

City Manager Shasa Curl gave an overview. Finance Director Andrea Miller, and Deputy City Manager LaShonda White presented a PowerPoint, which highlighted the following: General Fund Adjustments; Capital Improvement Projects Update; Possible ARPA-Funded CIP Shortfall Projects; Pavement Condition Index; Overview of ARPA; ARPA Community Needs Assessment and Strategic Investment Plan; Paycheck Protection Program (PPP) Loans for Local Businesses; Paycheck Protection Program (PPP) Loans for Local Businesses; ARPA Funding Possibilities; Proposed ARPA Allocation Options; Environmental and Community Investment Agreement (ECIA); ECIA Greenhouse Gas (GHG) Reduction Budget; ECIA Greenhouse Gas Reduction Programs; ECIA Community Programs Budget; ECIA Community Programs; ECIA Funding Recommendation; and Proposed Next Steps.

Discussion ensued.

Wesley Alexander gave comments in person and the following individuals gave comments via Zoom: BK Williams, Ruthie Dineen, Eli Moore, and Samantha Torres.

A motion by Mayor Martinez, seconded by Councilmember Robinson, adopted all staff recommendations for ECIA expenditures and adopt Option 1 with the following amendments: reduce CIP shortfall funding from $5.8M to $3M and use the remaining $2.8M for $1.25M for small business support and use the city's definition of small businesses via Measure U, which is a business with less than $250,000 in gross receipts, location within a qualified census tract, impacted industries such as barbershops, hair salons, childcare; and businesses that have not already received assistance from federal governments; an additional $500,000 for rental assistance for what is already recommended in Option 1; and $500,000 for unhoused support.

Councilmember Robinson made a friendly amendment to allocate $750,000 for stormwater and $250,000 for art and collapse the title of soccer fields, parks, trails, and public restrooms and add an additional $50,000. The $500,000 allocation for Unhoused was removed and allocated to stormwater. Mayor Martiez accepted the friendly amendment.
(At 9:19 p.m. the City Council took a break in order to revise the slide presentation to reflect the changes to the allocations made by city council.

Mayor Martinez called the meeting back to order at 9:31 p.m.) Motion by Mayor Eduardo Martinez
Seconded by Councilmember Doria Robinson

Adopted Resolution No. 139-23.
40 10
Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Mayor Eduardo Martinez
Absent (2): Councilmember Claudia Jimenez, and Vice Mayor Gayle McLaughlin Passed (5 to 0)

Q. PUBLIC HEARINGS
Q.1 Cannabis Ordinance Amendments
HOLD a Public Hearing; and INTRODUCE (first reading) an ordinance making certain amendments to Richmond Municipal Code (RMC) Section 15.04.610.270 Marijuana/Cannabis Commercial Uses, that includes, but is not limited to, increasing the number of storefront retail permits and adding new non-storefront retail (delivery only) permits, with a certain amount of the new retailer licenses to be reserved for equity applicants – Community Development Department (Lina Velasco 510-620-6841). This item was continued from the November 7, 2023, and November 28, 2023, meetings.

Continued to the February 6, 2024, City Council meeting.

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

Yanad Burrell, East Bay Mud Community Affairs gave an overview. Susan Teefy presented a PowerPoint, which highlighted the following: What is a Service Line; Who owns the Service Line; History, Former lead service line locations; When were the lead lines removed?; New Federal regulations; How does this impact EBMUD; What is a Galvanized service line?; Inspection of former lead locations; Customers served by GRRs must be notified; and Actions customers can take.

Discussion ensued. City Council requested that this information be posted at the city libraries and city website to inform the public and that presentations were made to the neighborhood councils. City council also requested that Federal representatives were asked to assist with the cost to replace the service lines.

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

Community Services Director Lina Velasco presented a PowerPoint, which highlighted the following: Reimagining underutilized commercial spaces; Project description; Project team overview; Meeting objectives Beverly Choi, ESA; Project Recap; Concept Alternatives; Progression of Concept Alternatives; Outreach Takeaways; Schedule Overview; Informing the Alternatives. Top Planning Drivers/Main Themes; Woody Hanson, Site Lab - Early mall landowner concept alternatives; Early city developed concept alternatives; Evolving city- developed concept alternatives; Refined mall landowner concept alternatives; Similarities in concept alternatives summary; Development Timeline; Differences in concept alternatives; Employment/Industrial Examples; Retail Examples; Housing Examples.
41 11
(At 10:58 p.m. - A motion by Councilmember Zepeda, seconded by Councilmember Bana, extended the meeting until 11:30 p.m., by the unanimous vote of the City Council).

Discussion ensued. City Council recommended that there was a walkable "green" overpass connection from the freeways with possible assistance from CalTrans; development of permanent transitional housing; a hospital, transit hub, senior housing, a tall, signature building seen from the freeway, enhance the lake, high density, plans for mass transit, public events/concerts, sports facilities, promote affordabe :market home ownership, evacuation study, BART connection.

Don Gosney and Mike Dolmetti gave comments in person.

This matter would return to the city council during the first quarter of 2024 with a recommended concept proposal.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 11:46 p.m. to meet again on December 19, 2023.

Clerk of the City of Richmond Mayor

42 1

RICHMOND, CALIFORNIA,

SPECIAL CITY COUNCIL MINUTES

December 12, 2023, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL 5:00 p.m.

The Special Meeting was called to order at 5:09 p.m. by Mayor Eduardo Martinez.

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

C. ROLL CALL

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

D. STATEMENT OF CONFLICT OF INTEREST
None.

E. AGENDA REVIEW
None.

F. NEW BUSINESS
F.1 Presentation by Veolia Water North America Staff regarding Hydrogen Sulfide (H2S) Odors
RECEIVE a presentation from Veolia Water North America regarding the Hydrogen Sulfide (H2S) odors that were emitted from the Richmond Wastewater Treatment Plant December 4 – 6, 2023; and PROVIDE direction to City staff – Public Works Department (Daniel Chavarria 510-620-5478).

Public Works Director Daniel Chavarria, Mary Phelps, presented a PowerPoint, which highlighted the following: Agencies with Regulatory Oversight of the Richmond Wastewater Treatment Plant; Richmond Service Area; Veolia Contract History; Summary of recent events; Graphs of Hydrogen Sulfide Levels; Veolia Water. Discussion ensued. Robert Armijo presented speakers, Melissa Sandoval, Veolia Regional Vice President, and CV , presented PowerPoint, which highlighted the following: Odor Complaint & Mitigation Summary Report; Obsolete exhaust fan connected to the temporary odor scrubber; new exhaust fan and suction piping being installed; Secondary clarifier #! offline, secondary clarifier #2 in operation; Health effects of H2S. Discussion ensued. Requested timing of incident and when alerts were given. How many clarifiers have been put down in other communities.

Forecast of future projects. Written communication in surrounding areas. Details of recommendations and consequences and held accountable. Dr. Meredith Bauer, BAAQMD, Jeff Gove, BAAQMD. Health agencies join in future for alerts, messaging for public. Ranyee Chiang, BAAQMD, monitoring 43 2
The following individuals gave comments in person: James Cheshareck, Edie Sellers, Philip Rosenthal, and Alfredo Angulo. The following individuals gave comments via Zoom: Jenny Balisle, Maureen Decombe, Shannon, Nancy Peace, Leisa Johnson, Marisol Cantu, and Jane Courant, Cecil Calban, and Joy Diaz- Noriega. Further discussion ensued. Recommend redundancy with notifications on releases, such as Mary Phelps, C.M., City Attorney, Mayor, and Councilmembers. Follow-up with CCC on warning system.

Councilmember Robinson, seconded by Councilmember Willis, directed city staff, specifically the City Attorney's Office to 1) enforce the contract wherever and however possible; 2) to explore potential grounds for breach of contract; 3) investigate the claims of fraudulent charges; and 4) look into the possibility of starting a process for a more responsible provider. Councilmember Zepeda made a friendly amendment as follows: that Veolia submit a technical report to the city by January 8, 2024, that outlines the reason for the odor event, why the odor issues took place, what went wrong, and for Veolia to make assurances that they will take corrective steps to permanently resolve the odor issues. The report should cover the last year of information. The report should include advance notice of activities that may result in odor releases that would include physical postings, communication with city staff and residents regarding alerts, and procedures for addressing odor releases. Once staff evaluates the report, city council requested a meeting on January 23, 2024, to discuss the report with Veolia and to invite other relevant agencies, including the Bay Area Air Quality Management District, and the County Health Department to join the January 23, 2024, meeting. A second friendly amendment was made by Councilmember Bana to direct city staff to work with the Contra Costa County to provide the possibility of using the community warning system for Veolia as well. Mayor Martinez made a third friendly amendment that a forensic audit be performed with Veolia.

Councilmember Robinson accepted all the friendly amendments. Further discussion ensued. City council requested a quarterly report from Veolia that would also include storm drain information. The motion passed by the following vote: Ayes: Councilmembers Bana, Robinson, Willis, Zepeda, and Mayor Martinez. Noes: None. Absent: Councilmember Jimenez, and Vice Mayor McLaughlin. Abstain: None. None.

Ayes (5): Councilmember Soheila Bana, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Mayor Eduardo Martinez
Absent (2): Councilmember Claudia Jimenez, and Vice Mayor Gayle McLaughlin Passed (5 to 0)

G. ADJOURNMENT
There being no further business, the meeting adjourned at 8:32 p.m., to meet again on December 19, 2023, at 6:30 p.m.

Clerk of the City of Richmond Mayor

44

January 16, 2024

City Clerk's Office

DATE: January 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Pamela Christian, City Clerk
Subject:

Cancellation of January 23, 2024, Regular City Council
Meeting
FINANCIAL IMPACT: There is no financial impact with this item

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Richmond City Council meets every first, third, and fourth Tuesday of each month unless special exceptions
are indicated within the Charter, Council Rules and
Procedures, or approved by the City Council.

RECOMMENDED ACTION:

APPROVE the cancellation of the January 23, 2024,
Regular City Council meeting - City Clerk’s Office
(Pamela Christian 510-620-6513).

DISCUSSION:

The Richmond City Council has regularly scheduled meetings every first, third, and fourth Tuesday of every month unless exceptions are indicated within the Charter, Council Rules and Procedures, or approved by the City Council.

AGENDA
REPORT
45

January 16, 2024
With approval of this item, the regular meeting scheduled for Tuesday, January 23, 2024, will be cancelled.

Schedule listed below:

Date Comment
January 16, 2024 Regular Meeting – in person/hybrid
January 23, 2024 No meeting - Cancelled
January 30, 2024 Regular Meeting – in person/hybrid
February 6, 20, and 27, 2024 Regular Meeting – in person/hybrid March 5, 19, and 26, 2024 Regular Meeting – in person/hybrid

DOCUMENTS ATTACHED:

None

46

January 16, 2024

City Council

DATE: January 16, 2024
TO: Members of the City Council
FROM:

Councilmember Claudia Jimenez and Mayor Eduardo
Martinez
Subject: Comments on the AB 617 Draft Community Emissions Reduction Plan (CERP)
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

Adopted Resolution 48-23 on May 23, 2023, in support of AB 617 Community Air Protection Program, including
requests that certain goals and concerns be addressed in developing the Plan

STATEMENT OF THE
ISSUE:

The CERP Steering committee is commitment to work in
collaboration with BAAQMD to create this draft plan to
reduce exposure to harmful emissions in 10 years.

RECOMMENDED ACTION:

APPROVE the list of improvement requests; and
DIRECT staff to submit them to Bay Area Air Quality
Management District before the deadline for Public
Comments on January 19, 2024 – Councilmember
Jimenez (510-620-6565) and Mayor Martinez (510-620-
6503).

DISCUSSION:

The City of Richmond would like to thank the Community Emissions Reduction Plan (CERP) Steering committee for their commitment to work in collaboration with Bay Area Air Quality Management District (BAAQMD) to create this draft plan. Due to the AGENDA
REPORT
47

January 16, 2024
community engagement work, this draft plan is the first community plan to name Just Transition of all 19 communities across the state, to bring the local union into regulatory practices, to ask for community benefits policy, and to ask for a 35 percent – 50 percent reduction in exposure for disproportionately harmed residents in 10 years.

While the draft plan is directionally positive and provides much valuable information about our pollution problems and many positive strategy ideas, we find it lacking in its distillation of the critical success factors for significant emissions reduction and missing the aggressive milestones we expected for its top strategies for public health improvement.

In preparation for submitting the draft plan to BAAQMD Board of Directors, the city is submitting public comments to be taken into consideration for the final plan. Refer to the attached list of improvement requests.

DOCUMENTS ATTACHED:

Attachment 1 – List of Requested Improvements to the Draft AB 617 Community Emissions Reduction Plan for Richmond, San Pablo, and North Richmond from the Richmond City Council

Attachment 2 – Resolution 48-23 in support of AB617 Community Air Protection Program. Adopted: May 23, 2023

48 List of Requested Improvements to the Draft AB 617 Community Emissions Reduction Plan (CERP) for Richmond, San Pablo, and North Richmond from the Richmond City Council Richmond City Council would like to thank the work that CERP Steering committee in collaboration with BAAQMD has done. Here some major gains in the plan:

1. It is the first community plan to name Just Transition of all 19 communities across the state

2. It is the first plan to bring the local union into regulatory practices

3. It is the only plan to ask for community benefits policy.

4. It is the only plan to ask for a 35%-50% reduction in exposure for disproportionately harmed residents in 10 years
In the spirit of collaboration and the project’s purpose, we are submitting public comments to assist with the discussion on how to strengthen the plan so that the plan gets implemented. First, we would like to request BAAQMD for an extension of public comment period. We deeply appreciate the work of the CERP Steering Committee. However, this draft was not released until Dec 13, 2023, when many organizations were closed or community members were with family for the holidays.

Our comments fall into the following themes:

1. A need for greater focus on the critical success factors for our key emission reduction strategies.

2. More aggressive timelines and milestones for our key strategies.

3. The need to receive critical missing data and better analyzed data.

Concern/Improvement Current Plan (text or point
of view)
Completion
Timeframe
Specific Needs &
Rationale

Include a complete profile
of the November 27th
Flaring Event (4 flares full
bore for twelve hours plus
periodic flaring afterwards)

No complete profile or
analysis of any flaring event
Q2 2024 Produce a model report
based on case scenarios
on:
 Total emissions
by flare and type
of pollutant
 Peak 1-hour
emissions and
dispersion of
health impacts
 Complete causal
analysis
 A dispersion
model that
shows the path
and distance
release
Faster Development of
tougher Flaring Rule
amendments with goals
FR 2.6. Air District will
initiate a rule development
effort, further evaluating
potential updates to flaring
rules (Rule 12-11 and Rule
2024
Q2 Draft
Q3 Public
Comment
Amendments are not like
new rules. They can be
done more quickly. We
need:
49 12-12), by the end of 2024.

Rule development efforts
will aim to incorporate
health impacts analyses,
enhance rule enforceability,
and establish new and/or
more stringent limits
Q4 Board
Approval
 An event
classification
system based on
cause and health
impacts.
 Effective Chevron
reporting
requirements
 New penalties by
type of event or
total annual
events, with
multipliers for
repeat offenses.

Discuss 75% Reduction in
annual flaring events with
Chevron senior
management.

No suggestion in the plan
that this is important. No
clear analysis of the causes
of the 3-4X overall increase
in flaring since 2018. No
specific goals, despite the
fact that many large
refineries keep flaring
events to mid-single digits
Q2 2024 When the city council or
mayor declares that
these events are
impacting the community
negatively, Chevron
should come to talk to
the city council after 10
days of the incident

Discuss the health impacts
of the significant 2019 to
2021 increases in 8 of 10 of
the most dangerous TAC
emissions from the refinery
and their legal fight against
the Cat Cracker wet
scrubber rule (6-5) with
Chevron senior
management.

No analysis of why these
changes happened,
although we assume it is
the higher sulfur content of
the crude being processed.

No measurement of the
increase in health risks. No
explanation of Chevron’s
arguments against Rule 6-5.

Q2 2024 When the city council or
mayor declares that
these events are
impacting the community
negatively, Chevron
should come to talk to
the city council after 10
days of the incident
Let’s hear them explain,
for example, the 275%
increase in sulfuric acid
and their plans for
reduction.

Beef up Rule 11-18. Pass
the amendments by the
end of 2024. Model the
impact of tightening the
chronic health & cancer
risk thresholds in Rule 11-
18 by 20 and 30%. What
reductions in which
emissions would these
changes likely force?
Analyze with Chevron and
Currently, the plan says:
 Rule 11-18 is our
key strategy for
reducing TAC
emissions and lays
out a strategy for
fixing the
implementation
delays (no impact
in last 5 years).

Q2-4 2024

Some of this
must be in
the Plan to
show clear
direction;
further
analysis can
be added
later in
BAAQMD needs to do 2
things to make 11-18
work. One is to make
sure Chevron complies
with tighter regulations
that force faster emission
reductions. The 2nd is
setting emission
reduction goals and
modeling the various
ways to achieve them,
50 ChemTrade If these
reductions are possible at
current production levels
and with current feedstock
sulfur levels.
 BAAQMD doesn’t
know what
emission reductions
to expect.
 BAAQMD will need
to provide better
information on how
they are planning to
achieve any
reductions within
the next 4 years. (A
rule passed in 2018
will have no impact
until 2028 and
remains highly
uncertain)

annual
reports
uncovering the limits of
11-18 and considering all
possible ways to achieve
the 30-40% reduction
goal, including export
limits.

Request the California Air
Resources Board and
OEHHA review the current
state of basic health
research for our ten
highest impact pollutants.

Evaluate whether some
existing risk factors could
underestimate the health
impacts. Create a range of
risk factors to support
sensitivity analysis. Secure
funding for more research
on our most damaging
pollutants (sulfuric acid,
nickel, benzene, particulate
matter (PM), etc.)

The plan suggests that the
Air District and Community
Steering Committee (CSC)
advocate for basic research,
track funding cycles, and
make proposals.

While it is clearly possible
that the health risk factors
we currently use could
understate certain risks,
there is no urgency or
priority in the plan to test
and improve our knowledge.

If the toxicity rating for one
TAC such as sulfuric acid was
underestimated by 25-50%
(very possible!), it would
dramatically affect our
understanding and
priorities.
2025 This is the fundamental
research needed by all
California refinery
communities and US EPA
funding should be easy
to obtain. We need this
to ensure the best
possible targeting of our
emissions reduction
strategies and tactics.

Provide a list of all
emission-related penalties
of $5,000 or more over the
last 5 years. Include firm,
date of violation, and
specific violation.

No data and no analysis or
commentary in the plan
Q2 2024 This should be a living
document that is actively
updated with the most
current data to provide
information to the
public. This can be linked
to the information
provided by the plan.
51 Provide a list of all
permitted facilities whose
emissions are included in
our current emissions
inventory reports.

Not in the plan Q2 2024 We have the impression
that there are some
polluting firms or some
operations of polluting
firms that are not
currently included.

What’s missing?

What were the 841 Title V
permit violations in 2019-
2022 about? What
enforcement actions have
been taken? What’s the
plan for compliance in this
area?

Not in plan Q2 2024 Has BAAQMD spoken
with senior management
at Chevron about this?
How did it go?
Add 2 Strategy Summary
tables, one for emission
reduction strategies and
the other for all other
strategies. Target length
for both together would be
around 8-10 pages.

Each row should include a
clear one sentence
description of the strategy,
key implementation
milestones, critical success
factors, funding
requirements if any, and
responsible agency
The current plan is
overwhelming and
fragmented. It is difficult to
work with. It often buries
the real strategies in the
individual actions, and it is
difficult to see the whole
picture, in part due to the
lack of specific goals and
firm target dates. There is
no place where you can see
the whole plan with
milestones, responsibilities,
and impacts in a few pages.

Diving down into a single
strategy, look at Reduce
Exposure and Public Health
Impacts from Toxic Air
Contaminants Emitted by
the Fuel Refining Sector. It
includes only a general end
state goal of 30-50% by
2035. That’s great but it
lacks crisp, aggressive
milestones. We see nothing
on what to expect by 2026
or 2030. Or what the critical
success factors are. Also
note we could have 2
strategies as 4 Actions could
Q2 2024 Maybe this format and
this length is helpful to
BAAQMD, but it is not
good for transparency,
community engagement
or accountability. Who is
this plan for?

See previous point about
needing to model the
impact of health risk
threshold reductions on
the impact of Rule 11-

18. Without doing this,
you can’t fill out the row
in the requested table
52 be combined. all related to
implementing Rule 11-18.

What’s the budget for all of
this?
No description of costs or
funding sources in the plan

Some of these strategies
must require new funding.

How and when do we find
out which strategies can be
funded adequately from
which sources? How will we
set priorities in a world of
limited resources?

2025 The Richmond City
Council would like to
participate in any
discussions about
priorities
Schedule a presentation of
the final draft Community
Emissions Reduction Plan
to the Richmond City
Council by BAAQMD’s CEO
with a focus on the critical
path and key milestones
for goal achievement.

Show how we will get to a
30-40% reduction in
PM2.5, NOx and toxicity-
weighted TAC emissions by
2035 and a 75% reduction
in flaring event by 2025.

Review the status of the
funding picture as well as
our legal challenges,
current delays, and
possibilities.

Not in the plan Q2 or Q3
2024
There needs to be an in-
person meeting with
face-to-face discussion
and commitments.

53 54
55

January 16, 2024

Community Development

DATE: January 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Chris Castanchoa, Building Official
James Atencio, Senior Assistant City Attorney

Subject:

Amendments to Richmond Municipal Code Chapter 6.48
Gas Shut-Off Devices
FINANCIAL IMPACT: There is no fiscal impact to the General Fund related to these amendments. The installation of these gas shut off valves would reduce the impact of Fire resources
following an earthquake.

PREVIOUS COUNCIL
ACTION:

October 10, 2000 – City Council passed and adopted
Ordinance No. 32-00 N.S., adding Chapter 6.48 to the
Municipal Code. December 19, 2023 – First reading
introduced.

STATEMENT OF THE
ISSUE:

The City Council adopted Ordinance No. 32-00 N.S. on
October 10, 2000, adding Richmond Municipal Code
Chapter 6.48 Shut-Off Devices. Currently, the scope of
this ordinance contains only construction triggers for
compliance. Contra Costa County’s Municipal Code
Chapter 718-8 Gas Shut-Off Devices contains both
construction triggers and a point-of sale trigger. The
proposed amendments to RMC 6.48 would add a point-
of-sale trigger to comply within Richmond’s Ordinance, in addition to the current construction trigger; thereby,
aligning the City’s ordinance with the County’s
requirements. On December 19, 2023, the City Council
introduced the first reading.

AGENDA
REPORT
56

January 16, 2024
RECOMMENDED ACTION: ADOPT an ordinance (second reading) amending Richmond Municipal Code Chapter 6.48 adding a point-
of-sale trigger to add a gas shut off device, in addition to the current construction trigger – Community
Development Department (Lina Velasco/Chris
Castanchoa 510-620-6764).

DISCUSSION:

The Richmond City Council adopted Ordinance No. 32-00 N.S. adding Richmond Municipal Code (RMC) Chapter 6.48 Gas Shut-Off Devices on October 10, 2000 (see Attachment 1). RMC Section 6.48.020 (2)(C) requires the installation of a gas shutoff device in an existing residential, commercial, or industrial building during an alteration/addition not involving fuel-gas piping, when the value of such alteration/addition is more than $60,000 for single-family dwellings and $50,000 for all other buildings.

Contra Costa County Municipal Code (CCCMC) Chapter 718-8 Gas Shut-Off Devices requires the installation of a gas shutoff device in an existing residential, commercial, or industrial building during an alteration/addition not involving fuel-gas piping, when the value of the alteration/addition is more than $15,000. Additionally, CCCMC 718-8 requires the installation of a gas shutoff device in any existing residential, commercial, or industrial building that has fuel gas piping supplying the building and the building is sold on or after December 1, 2006. Contra Costa County’s (County) ordinance only applies to areas under County jurisdiction, including unincorporated North Richmond and El Sobrante. Consequently, the County’s point-of-sale trigger has resulted in some confusion and regular inquiries from realtors who are unsure if the ordinance applies to properties within the City of Richmond.

The proposed amendments to RMC Chapter 6.48 would lower the alteration/addition threshold to match the County’s ordinance and will also add the point-of-sale requirement (see Attachment 2). Adopting and implementing these amendments will increase the number of devices installed within the City, improve public safety, and reduce confusion for realtors and owners by aligning the City’s requirements with those of the County. On December 19, 2023, the City Council introduced (first reading) the proposed ordinance amendments.

In an earthquake, the shaking of a building can cause damage to gas piping and appliances. This damage can result in a release of natural gas that can lead to fires or explosions. Structural weaknesses, the absence of appliance anchors, and lack of flexible pipe connectors can all contribute to greater possibility of natural gas leaks. This problem is so prevalent that natural gas contributes to one of every four fires after an earthquake. After a large earthquake, the occurrence of multiple fires will quickly deplete fire department resources, thereby delaying their response time to any given emergency. Installation of approved gas shut-off valves would significantly reduce the risk and spread of fires caused by damaged gas piping in the event of an earthquake. 57

January 16, 2024
CONCLUSION:

Adopting and implementing these amendments will increase the number of devices installed within the City, improve public safety, and reduce confusion by realtors and owners by aligning the City’s requirements with those of the County.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance No. 32-00 N.S. adding RMC Chapter 6.48 Attachment 2 – Ordinance adopting Amendments to RMC Chapter 6.48

58 59
60 61
62 63
64 ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 6.48 OF THE RICHMOND MUNICIPAL CODE ENTITLED “GAS SHUT-OFF DEVICES”

The City Council of the City of Richmond does ordain as follows:

SECTION 1. Section 6.48.020(2)(C) of the City of Richmond Municipal Code is hereby amended to read as follows:

(C) Where fuel gas piping is not involved in the alteration or addition, the value of such alteration/addition is more than $15,000.

SECTION 2. Section 6.48.020(3) is hereby added to the City of Richmond Municipal Code to read as follows:

(3) Any existing residential, commercial, or industrial building that has fuel gas piping supplying the building and the building is sold on or after July 1, 2024. The device must be installed before the parties to the sale enter into an agreement for sale, or before the close of escrow when an escrow agreement has been executed in connection with the sale. If an individual condominium unit in a building is sold, an approved gas shut-off device must be installed downstream of the meter on the gas piping serving that individual condominium unit.

SECTION 3. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION 4. This Ordinance becomes effective July 1, 2024.

*****************************
First introduced at a regular meeting of the City Council of the City of Richmond held on December 19, 2023 and finally passed and adopted at a regular meeting held on ___________ by the following vote:

AYES:

65 NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

Approved:

_______________________________
Eduardo Martinez, Mayor

Approved as to form:

____________________________
Dave Aleshire, City Attorney
66

January 16, 2024

City Manager's Office

DATE: January 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager
Patrick Seals, Project Manager I
Nicholas Delgado, Associate Management Analyst
Subject:

Contract with WestEd to Support Evaluation Needs for the Richmond Fund for Children and Youth
FINANCIAL IMPACT: The proposed not to exceed contract amount is $600,000, based on Article 15, Section 4(d) of the
Charter (i.e., 5 percent of the City’s annual allocation to the Richmond Fund for Children and Youth (RFCY) is
allocated to support evaluations for Fiscal Year 2021- 22, Year 2022-23, and Fiscal Year 2023-24). The total
maximum amount of $600,000 is available in the budget
for RFCY for Fiscal Year 2023-24 (13371018-400215)
and in the RFCY fund balance.

PREVIOUS COUNCIL
ACTION:

July 10, 2018, July 27, 2021, June 28, 2022, June 20,
2023, and July 11, 2023

STATEMENT OF THE
ISSUE:

The Richmond Fund for Children and Youth is required to conduct evaluations per Article 15 of the City of
Richmond Charter. The City is seeking contract approval with WestEd, a third-party independent evaluator, to
conduct evaluations of all grant-funded programs (Fiscal Years 2021-22, 2022-23, 2023-24), draft and present an
evaluation report to City Council, and ensure spending
from the fund is consistent with the provisions of the
Charter.

AGENDA
REPORT
67

January 16, 2024
RECOMMENDED ACTION:

APPROVE a contract with WestEd for third-party
independent evaluation services required by Article 15(d) of the Richmond Charter for the Richmond Fund for
Children and Youth in an amount not to exceed
$600,000, with a term commencing on July 11, 2023, and
terminating on June 30, 2025 – Department of Children
and Youth (LaShonda White 510-620-6828/Patrick Seals
510-307-8016).

DISCUSSION:

The Richmond Department of Children and Youth (Department) seeks to hire a consultant to facilitate an annual evaluation of the Richmond Fund for Children and Youth (RFCY) for Fiscal Years (FYs) 2021-2022, 2022-23, and 2023-24. Per Article 15, Sections 7(d)(4) and (5) of the City of Richmond Charter, the evaluation should identify relevant evaluation measures and ensure programs funded through the Fund are impactful and meet established outcomes, while also reviewing financial reports and audits to ensure funds are appropriately managed. The evaluation reports shall be uploaded to the Department website, shared with grantees, and provided to the Mayor, City Council, and RFCY Oversight Board.

On July 11, 2023, the City Council initially approved the contract with WestEd for the RFCY evaluation. Following the initial City Council approval, WestEd began work, and requested certain modifications that required City Attorney review and subsequent approval of the City Council. Therefore, the initial contract was never executed, and City staff is bringing forth a new contract for City Council approval with a start date of July 11, 2023 (Attachment 1). Furthermore, City staff do not believe the requested changes would have altered the outcome of the Request for Proposals (RFP) process.

The Department released an RFP on February 23, 2023, via the City’s BidsOnline system (Attachment 2). A total of 1,000 vendors were notified and 24 vendors downloaded the RFP (Attachment 3).

Request for Proposal
The responsibilities of the consultant shall be to complete an evaluation of the RFCY and grantees for FYs 2021-22, 2022-23, and 2023-24, and will include the following:

 Project Management – Coordinate with staff on all aspects of the design and implementation of the evaluation. Manage all evaluation activities and coordinate with grantees to conduct all aspects of the evaluation.

 Evaluation Design and Implementation – Develop a comprehensive outcome-based evaluation that includes the identification of desired outcomes and performance measures for each program, within strategic priorities, and across strategic priorities. 68

January 16, 2024
Identify common outcomes, indicators, methods, and measures to assess strategy- level performance.

 Data Collection/ Organizing – Develop and refine tools, including surveys and other methods of data collection from various stakeholders. Document and report on program quality by collecting data through point-of-service observations, client surveys, focus groups, or other means.

 Reporting – Provide a summary mid-year and a comprehensive final report in a format that is useful and accessible to the public. Communicate the report and findings to the RFCY Oversight Board and Richmond City Council. The lead evaluator will additionally provide a brief year-end evaluative report to summarize the totality of RFCY’s funding and programming, including information on programs, strategies, matched funding and client demographics.

o The year-end evaluation report shall include information on children, youth, and adult participation and demographics; hours of service and types of services delivered; cost of services; matching funds raised by programs; and percentage of contracted goals achieved.
o The mid-year evaluation report shall summarize program performance through six months and qualitative data gathered to inform grant renewal determinations.
o The report will also include program profiles for each RFCY-funded program, summarizing program-level evaluation findings. Copies of the program profiles are to be provided to each program and to the Department.

 Engagement of Partners – As requested, participate in meetings and work with other systems partners in potential areas of integration. Work closely with the RFCY Oversight Board, department staff, grantees, and other stakeholders in the planning, development and implementation of the evaluation. Coordinate quarterly meetings with RFCY grantees to develop and coordinate the evaluation, and provide opportunities for peer learning, knowledge sharing, and capacity building.

 Technical Assistance to Grantees and Staff – Provide technical assistance to grantees to ensure evaluation compliance and provide grantees with opportunities for evaluation.

Selection of Firm
The RFP was due on March 17, 2023, and proposals were received from the following two (2) firms:
 EvalCorp
 WestEd

A seven (7) member sub-committee was composed of staff from the City of Richmond staff, City of San Pablo Community Services Department, and San Francisco 69

January 16, 2024
Department of Children, Youth and Their Families. The firms’ RFP submittals were evaluated on the following:

 Quality & Completeness (10 points)
 Project Approach (25 points)
 Timeline (10 points)
 Project Staffing & Qualifications (25 points)
 Project Budget/Narrative (20 points)

Three (3) members of the sub-committee reviewed and scored both proposals and the four (4) remaining members interviewed the finalist firms and made a final recommendation for a consultant. WestEd received the highest scores for both the proposal review and interview (Attachment 4). The sub-committee and Department are recommending entering into a contract with WestEd for a total contract amount of $600,000.

Qualifications of Firm
WestEd has more than 50 years of experience operating in the Bay Area and are located nearby in San Francisco. Their services include technical assistance (TA), resource creation, surveys and measures, and research and evaluation, which positions them well to work with grantees to support program-level continuous improvement and capacity building. More specifically, WestEd conducts independent, third-party evaluations of implementation and outcomes, using methods — summative, formative, or mixed — that are appropriate to the local context.

Most recently they have leveraged their evaluations skills to support the following studies:

 Riverside County Juvenile Justice Crime Prevention Act (JJCPA) Evaluation  California Department of Education Scaling-Up Multi-tiered Systems of Support (SUMS)
 California Well-Being Initiatives Impact Inquiry
 Safe Schools/Healthy Students Initiative

In addition, they have Spanish-English bilingual project staff that can support community engagement and evaluation.

DOCUMENTS ATTACHED:

Attachment 1 – Standard Contract with WestEd for Evaluator Services Attachment 2 – Request for Proposal (RFP) for Evaluators Attachment 3 – Bid Summary (RFP for Evaluators)
Attachment 4 – Scoring Matrix (RFP for Evaluators)

70 CITY OF RICHMOND

STANDARD CONTRACT
Department: Children & Youth (CMO) Project Manager: Patrick Seals Project Manager E-mail: Project Manager Phone No:
[email protected] (510) 307-8016
PR No: Vendor No: P.O./Contract No:

Description of Services:

WestEd will provide third-party independent evaluations services for the Richmond Fund for Children and Youth in compliance the City of Richmond Charter Article 15 Section 7(d)(4) and (5) 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: WestEd
Street Address: 730 Harrison Street
City, State, Zip Code: San Francisco, CA
Contact Person: Lauren Wrotniak
Telephone:(415) 615-3136 Email: [email protected]
Business License No: / Expiration Date:

A California D corporation,Olimited liability corporation D general partnership, D limited partnership, D individual, D non-profit corporation, D individual dba as [specify:] ________ _
[Z] other [specify:] California Joint Powers Authority

2. Term. The effective date of this Contract is July 11, 2023 and it terminates June 30, 2025 unless terminated as provided herein.

3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $600,000 . 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.
71 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 Condit ions (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
a municipal corporation
By:

Title:

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

By: --c-1~ty-c-1e_r_k ________ _
Approved as to form:

By: ----.c~1~ty-A~t~to~r=n-e_y ______ _
LIST OF ATTACHMENTS :

Service Plan
Payment Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insurance Provisions
Stand ard Contr acVEJfTE 9-26-0 7
CONTRACTOR:

WestEd
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
By:
--------------
Tit I e:
--------------
Date Signed:
-----------
(* The Corporation Chief Financial Office r,
Secretary or A ssistant Secretary should sign below)
By: -------------- -
Title: _____________ _
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.

Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
72 EXHIBIT A

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

See attached Scope of Work
73 EXHIBIT B
For the Contract between the City of
Richmond and
WestEd

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: Patrick Seals Department: Children & Youth (CMO) 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, Patrick Seals 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. 74 The Richmond Fund for Children and
Youth Evaluation Scope of Work
Draft June 30, 2023
Evaluation Goals
• Assess program effectiveness and strategy impact to inform funding recommendation s, grant renewal decisions, and future strategy development. • Determine the effectiveness and efficiency of funds at the program and strategic level. • Promote best practices among grantee s and assist grantees to improve performance through individualized coaching and feedback about evaluation planning, data collection, and results.
• Document the assessment of grantee performance and present written findings to interest holders and grantees.
• Communicate results and impact of the Richmond Department of Children and Youth funding to elected officials, grantee s, and the general public.

Work to be Completed
WestEd will plan and implement an evaluation of the 2020-2023 Richmond Fund for Children and Youth (RFCY) strategic investments. WestEd will lead the evauation design and implementation in partnership with the Richmond Department of Children and Youth (RDCY).

The specific work to be completed is summarized in the six tasks outlined below, which align with the RFCY Third -Party Evaluator Request for Proposals.

Task 1: Project Management
WestEd will coordinate with RDCY staff on all aspects of the design and implementation of the evaluation .

Task 1 Activiti es
• Establish a communication strategy for ongoing communication and collaboration between the parties, which must include: frequency of meetings, preferred communication channels, role of participants , and any other provisions that would facilitate an exchange of ideas between the parties .
• Periodically assess the communication strategy revised as both parties deem necessary. • Design a Project Management Plan that include s an executive summary , project tasks, timelines, milestone s, and roles and responsibilities of West Ed staff. • Host a kickoff meeting with RDCY and community partners. • Provide, on a quarterly basis, a written progress report that summari ze progress towards activitie s outlined in this agreement and an invoice of total staff hours worked and other incurred project costs.
• Facilitate quarterly meetings with RDCY and RFCY repre sentatives. 1 75
Task 2: Evaluation Design
In partnership with the RFCY, grantees, and participating youth, WestEd will co-design an evaluation that:
• Builds upon the 2020 needs assessment.
• Incorporates the unique and varied questions and needs of RFCY, grantees, youth and key interest-holders .
• Demonstrates if and how programs implemented their proposed activities. • Using qualitative and quantitaive data measures desired outcomes of the strategic investments.
• Provides data that supports the continuous improvement of grantee program implementation and data use.

Task 2 Activities
• Conduct a document review of grantee applications and reports. • Host strategic priority listening sessions with grantees and conduct a grantee survey to gather information related to program imp lementation, desired outcomes , and grantee need for evaluation technical assistance.
• Develop a logic model for each of the RFCY strategic priority areas. • Create qualitative and quantitative data collection instruments. • Generate an evaluation plan, including a data collection and dissemination plans. • In year 2, revise the evaluation plan and data collection instruments according to lessons learned during the first year of evaluation.

Task 3: Evaluation Implementation
After developing the evaluation plan, WestEd will begin data collection . By the end of year 2, WestEd will have evaluated each grant year individually and will have completed a comprehensive evaluation of the 3-year strategic funding across the six priority areas.

Task 3 Activities
In year one of the project , WestEd will:
• Partner with and evaluate the 39 program grantees across all six strategic priority areas funded in FY2021-2022 and FY2022-2023.
• Analyze findings .
• Disseminate findings at a community meaning -making session (see Task 5: Engagement of Partners).

In year two of the project, WestEd will:
2 76
• Partner with and evaluate the program grantees across all six strategic priority areas funded in FY2023-2024.
• Analyze findings.
• Disseminate findings at a community meaning-making session and youth data summit (see Task 5: Engagement of Partners).

Task 4: Reporting
WestEd wi ll disseminate results to inform grantee and strategy-level funding decisions in a way that is most useful, timely, and accessible for clients, relevant partners, and the general public.

In our meetings with grantees and partners throughout this project (e.g. kick-off meeting, grantee meetings , and meaning-making sessions), we wi ll collaborate to identify what formats and elements are desired in the reports. Grantees and commun ity partners will have an opportunity to review and provide feedback on external reports before they are finalized .

Reports and memos for the Department will be developed iter atively in partnership with the RDCY and structured in a way most useful for the Departments' staff.

Task 4 Activities
• Deliver two midyear reports, summarizing activities that occurred under each of the six tasks outlined in this scope of work.
• Deliver a year 1 report , summarizing RFCY's funding and programming for grantees funded in FY2021-2022 and FY2022-2023, including information on programs, strategies, and outcome s.
• Deliver one program profile for each RFCY grantee using pre-existing program data and data collected throughout the evaluation. Program profiles will summar ize key information about each grantee' s funded programs, the population served, and program-level outcomes of the strateg ic investment .
• Deliver a final report that summarizes the totality of RFCY's funding and programming, including information on programs, strateg ies, and outcomes. • Present the final report to RDCY staff and other city interest holders.

Task 5: Partner Engagement
Aligned with the Richmond Department of Children and Youth's commitment to engaging the community, we prioritize collaboration and collective decision-making with the Department, grantees, and the broader community of children, youth, and their families throughout this evalutaion. RDCY, the RFCY Oversight Board, and RFCY grantees will actively partner on the design, methods , and approach used in this evaluation. As we learn about the strengths and needs of our partners, we will adapt our approach accordingly. WestEd will work closely with the Oversight Board, department staff, grantees, and other interest holders in the planning and impl ementation of the evaluation . WestEd is headquartered in San Francisco, CA with an additional office in Alameda, CA. These facilities will be available, at no additional cost, for in­ person meetings and gatherings to support effective and efficient communciation and collaboration.
3 77
Task 5 Activities
• Develop a partner engagement plan that describes what engagement activities will include and when they will take place.
• Leverage RDCY meetings and resources for outreach and engagement (e.g., RFCY Grantee meetings, RDCY Service Provider Working Group, RDCY Oversight Committee , 2020 Community Needs Assessment) to reduce unnecessary burden on partners. • Coordinate quarterly meetings with RFCY grantees to provide updates on the evaluation process and collaborate on the evaluation design. • Host 2-4 community meaning making sessions to engage students, parents and caregivers, educators, service providers, and other interested community members in the evaluation process.
• Host 2 youth data summits to elevate youth voice, particularly those from traditionally underserved communities.
• Deliver partner engagement memos to RDCY that describe each community engagement event (e.g., meeting agenda, number and type of participants, key themes and takeaways), and how the information will be used to inform the RFCY Evaluation .

Task 6: Technical Assistance to Grantees and Staff
Technical assistance {TA) is a critical aspect of this program evaluation to build grantee capacity and sustain the effective use of data longterm. Throughout both years of the project, West Ed will provide technical assistance to provide grantees with opportunities for their own internal evaluation planning for continuous program improvement. WestEd will partner with grantees to understand their continuous improvement processes and provide high-quality training and technical assistance to build their capcity to engage in this work.

Task 6 Activiti es
• At quarterly grantee meetings , share evaluation-related updates and provide an opportunity for questions and input.
• Host monthly open-door sessions to promote best practices in data collection and continuous improvement.
• Provide individualized coaching or feedback as requested by grantees, up to 2 individualized coaching sessions a month .
4 78
Timeline C?f Project
Our timeline and project schedule is subject to revision based on the timing of contract award and is negotiable to meet RDCY's needs.

Task Year 1 Timeline Year 2 Timeline

1. Project Management
Establish communication strategy Aug 2023
Develop Project Management Plan Aug-Sep 2023
Kickoff meeting Aug 2023
Meetings with RDCY Quarterly Ongoing Quarterly
Ongoing

2. Evaluation Design
Document Review Aug-Sep 2023 Aug-Oct 2024
Listening Sessions with Grantees & Co-design Sep-Dec 2023 Oct-Nov 2024 Design Logic Models Dec 2023-Jan 2-24 Dec 2024
Create/Revise Data Collection Instruments Mar-Apr 2024 Jan 2025 Develop/Revise Evaluation Plan Apr2024 Jan 2025

3. Evaluation Implementation
Data Collection May-July 2024 Feb- Apr 2025
Analysis July-Aug 2024 Apr-May 2025

4. Reporting
Midyear Report Jan 2024 Jan 2025
Year 1 Report Aug 2024
Program Profiles July-Aug 2024 Mar-Apr 2025
Final Report Aug 2025

5. Partner Engagement
Develop Partner Engagement Plan Aug-Sep 2024
Grantee Meetings Quarterly Ongoing Quarterly
Ongoing
Community Meaning Making Sessions Jan-Aug 2024 Feb-May 2025 Youth Data Summit Aug 2024 May 2025

6. Technical Assistance
Open Door Sessions Monthly Ongoing Monthly Ongoing
5 79
Timeline Notes
The schedule for task 5, Community Engagement is flexible and will be designed with the involvement of RDCY and the RFCY Oversight Committee. As such, the timeline for completion for community engagement tasks is flexible. With community engagement informing various stages of the evaluation, we plan to host our initial grantee listening session shortly after contract execution , by the end of October 2023. The remainder of the communtiy engagement task schedule will be informed by the evaluation partners . 6 80
Budget and Costs
WestEd's proposed budget and costs for this project are shown in the budget tables below.

Please note that the budget includes a set number of community engagement activities and participant s (see table: participant support}. If additional events and meetings with grantees are necessary, these meetings will be above the approved budget at our hourly rates using additional participant support budget.

The budget includes participant compensation and travel costs for WestEd project staff. Staffing costs are fully-loaded rates that include direct and indirect costs, see section below "Fully Loaded Staffing Costs." WestEd is willing to negotiate revisions to proposed hours, budget, and cost in order to best meet the needs of RDCY with appropriate revisions to the expected scope of work.

Expenditures Yearl Year2 Total
Indirect Costs
labor Costs $288,163 $286,657 $574,820
Other Indirect Costs* $1,887 $2,127 $4,014
Total Indirect Costs $290,050 $288,784 $578,834
Direct Costs
Travel ** $4,200 $5,466 $9,666
Participant Support * * $5,750 $5,750 $11,500
Total Direct Costs $9,950 $11,216 $21,166
TOTAL PROJECT $300,000 $300,000 $600,000
BUDGET
*Other indirect costs include indirects on direct costs plus 5% management fee
* *For calculations of participant support and staff travel costs, see corresf!_onding tables below .
7 81
Travel Costs
Per diem is charged at GSA's approved reimbursement rates while mileage rate follows the IRS guideline . All other travel expense reimbursements are based on the Agency's policy . For each trip, other expenses include ground transportation (including shuttles, taxis, ride services, or trains), parking, toll s, and incidentals . Travel costs are charged either as a direct or indirect expense depending upon the purpose of the trip and the associated cost code charged .

Travel Total Cost
Year l - Travel $4,200
Year 2 - Travel $5,400
Participant Support
WestEd will utilize stipends / honorari a to provide financial compensation to youth , famil y and community partner s. Specific compen sation will be determined in partner ship with project partner s and advisors and may include gift cards, certificate s, or other specific items. The followin g costs below are rough estimate s subject to change with stakeholder input .

Description Rate Amount Total Cost
Year-1
FY 21-22 Grantees: lnterAew and Focus Group Stipends $75 25 $1,875 FY 21-22 Grantees: Youth and Famlly Advisory $100 5 $500 Honorarla
FY 22-23 Grantees: Interview and Focus Group Stipends $75 25 $1,875 FY 22-23 Grantees: Youth and Family Advisory $100 5 $500 Honorarla
FY 21-23 Grantees: Other Community Enppment $1,000 1 $1,000 Costs1
Year-2
FY ZJ-24 Grantees: Interview and Focus Group Stipends $75 50 $3,7 50 FY 23-24 Grantees: Youth and Family Advisory $100 10 $1,000 Honorarla
FY 23-24 Grantees: Other Community Enpgernent $1,000 1 $1,000 Costs2
1 Other community engagement costs will vary based on needs of participants and may include childcare, transportat ion, etc.
2 Oth er communit y engagement costs will vary based on needs of participants and may include childcare, transportat ion, etc.
8 82
Fully Loaded Staffing Costs
The staffing costs shown in the budget include the staff's salary, benefits, overhead costs, indirect costs, and WestEd's management fee.

Salaries and Benefits
Employee salaries are based upon WestEd's fiscal year salary schedule as approved by the agency's Board of Directors. Salaries include the actual days worked for each employee. Salary rates are fully loaded rates. WestEd's minimum working days for one full-time employee (FTE) are 222 per year (1,776 hours per year). Benefits include worker's compensation, unemployment tax, and FICA for both employee classifications . Regular employees also receive retirement, medical/dental, life insurance, disability insurance, and other staff benefits.

Indirect Costs
The Agency's indirect cost rate (overhead rate) is negotiated with its cognizant agency, the United States Department of Education. WestEd's 2023 indirect rate is 13.3%. WestEd's indirect cost pool includes Board/Board support, the Executive Director's Office, Resource Development, Communications, Contracts, and Accounting/Finance Services.

Management Fee
The inclusion of fees on contracts awarded to organizations like West Ed has been a common practice by federal agencies for many years. The government recognizes that the cost principles under which contractors can claim reimbursement of costs incurred on a project do not allow recovery of all necessary and pertinent costs of doing business. In order for the contractor to remain viable, a fee must be received. This conclusion has been accepted by the General Accounting Office and is supported by numerous studies conducted on the subject . 9 83

EXHIBIT C
For the Contract between the City of
Richmond and
WestEd

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:

Patrick Seals
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:

Nicole Tirado-Strayer
730 Harrison Street
San Francisco, CA
84 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 Contracto r 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 patentabl e, trademarkable , copyrighta ble 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, General Conditions/EJ/TE 01-19-11 1 of 13
85 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 Contracto r.

General Condilions/E J/TE 01-19-11 2 of 13
86 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.

General Conditions/EJ/TE 01-19-11 3 of 13
87 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 staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staffs 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 General Conditions/EJrrE 01-19-11 4 of 13
88 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. Terminat ion 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 .

General Conditions/EJ/T E 01- 19-11 5 of 13
89 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 General Condilions/EJ/TE 01-19-1 1 6 of 13
90 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.B(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 General Condilions/EJrrE 01-19-11 7 of 13
91 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 Genera l Condilions/EJ/TE 01-19-11 8 of 13
92 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 General Condilions/EJ/TE 01-19-11 9 of 13
93 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.

General Conditions/EJITE 01-19-11 10 of 13
94 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 General Condilions/EJfTE 01-19-11 11 of 13
95 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 .

General Conditions/EJ/TE 01- 19-11 12 of 13
96 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 .

General Conditions/EJ/TE 01-19-11 13 of 13
97 CITY OF RICHMOND
Sanctuary City Compliance
Statement

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

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

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

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

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

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

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 2022 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity: Non Profit Corporation

Vendor SCCO Compliance Statement (Augt2020) 98
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultan ts, accountants, etc.) to the City of Richmond (City), the City requi res the follow ing MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, serv ices or supp lies, 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, emp loyees or subcontracto rs. 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 beha lf of any insurer providing Commercial General Liabi lity insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogatio n 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 origina l, separate policy endorsements, naming the City as an additiona l insured for general liability coverage, as well as a waiver of subrogation for Workers ' Compensation insurance, shall be receive d and approved by the City bef.ore any work may begin . However, fai lure to do so shall not operate as a waiver of these insurance requirements.

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

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

Minimum Scope of Insurance - the following forms shall be provide d and coverage shall be at least as broad as the following:

1. Insurance Serv ices Office Commercia l Genera l Liability coverage (ISO Occurrence Form CG 000 1), and including coverage for bodily and persona l 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 lang uage.

4. Workers ' Compensation Insurance as required by the State of California including Employe r's Liability coverage .

5. Original and Separate Waive r of Subrogation for Workers' Compensation insurance.

6. Professiona l Liability or Errors & Omissions Liability Insurance approp riate to the CONTRACTOR's profession (if required.)
Required Coverage Minimum Limits
Workers' Compensation and
Employers' Liability
General Liability
(primary and excess limits
combined)
Revised: September 2011
Stat utory limits as required by the State of California including $1 million Employers' Liability per accident, per employee for bodi ly injury or disease.

If CONTRACTOR is self-i nsured, prov ide a certificate of Permission to Self­ Insure, signed by the California Department of Industrial Relations and Self­ I nsura nce. If contractor is a sole proprieto r (has no employees) than contracto r must sign "Contractor Release of Liability " found at:
htto: I /www.ci .richmond.ea.us/ index.asox?nid=61.
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either t he genera l aggregate shall apply separate ly 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 t he City of Richmond as an additiona l insured per the conditions detai led below.

Type 2 - Page 1 of 3 99
Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:

Automobile Liability
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
Additiona l Insured Endorsement
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
Deductibles and Self-Insured
Retentions
A. M. Best Rating
Professional Services
$1,000,000 per occurrence for bodily injury and property damage. ______________ PROJECT COST _____________ ____________ REQUIRED_ LIMIT ____________ __ _ _ ___ __ _ _ - ~o _ - $1 _million _____________ --- ---------· $1 million_(?/O _____________ -------~1_ million -1S _million _________ _____________ p million_l?/P _____________ __ ______ _ __ __ Over_$5 million _____________ _____________ $.? million_l?f P _____________ Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additiona l 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 direct ly or indirect ly 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 .

The contractor's insurance coverage must be primary coverage as it pertains to the City, its officers, offic ials, employees, agents and vo lunteers. Any insuranc e 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 .

Contractor's insurer will provide a Waiver of Subrogation in favor of the City for Workers' Compensation Insurance during t he life of this contract.

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

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 financia l guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations , claims administ ration and defense expenses .

Contracto r is responsib le for satisfaction of the deductib le and/or self-insured retent ion for each loss.

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.

Type 2 - Page 2 of 3
Revised: September 2011
100
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Claims-Made Policies
Exhibit F
Section 8
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 comp letion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with anothe r claims-made policy form with a retro active date prior to the contrac t effective date, the Contractor must purchase an extende d period coverage for a minim um of five (5) years after completio n of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to t he City for review and approva l, separate certificates and endo rsements for each subcontractor . All cove rage for subcontractors shall be subject to all of the requirements stated here in.

CONTRACTOR agrees to defend and indemnify t he City of Richmond for any damage resulting to it from failure of eithe r CONTRACTOR or any subcont ractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subco ntractors, will not be deemed to release or diminish the liability of CONTRACTOR, incl uding, without limitation, liability unde r the indemnity provisions of this cont ract. Damages recoverab le by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All origina l 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 insu rance policies including endorsements affect ing the coverage at any ti me.

Origina l insurance certificates and required policy endorsemen ts 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 mai l the origina l certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the cont ract. Should the CONTRACTOR cease to have insurance as req uired during this time, all work by the CONTRACTOR pursuant to this agreement shall cease unti l insurance acceptab le 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 t he required insurance policies initially approved by the City, CONTRACTOR must provi de upda ted certificates and endorsements indicating that the require d 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 shal l 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 comp ly with reporting or other provis ions of the policies includ ing breaches of warranties shall not affect coverage provide d to the City, its office rs, officia ls, employees or volunteers.

Consistent with Public Policy
The insuring provisions , insofa r as they may be judged to be against public policy shall be void and unenforceable only to the min imum extent necessary so that the rema ining terms and provisions herein may be consistent with public policy and thus enforceab le.

Type 2 - Page 3 of 3
Revised: September 2011
101

Request for Proposal

For the Evaluation of the
Richmond Fund for Children and Youth

RFP ISSUED:

Thursday, February 23, 2023

PROPOSAL DUE DATE:

Friday, March 17, 2023, at 12:00 PM

Submittal Location:

BidsOnline - Electronic Proposals Only Via the City’s Secured Online Bidding System

Contact:

Patrick Seals, Senior Management Analyst

DEPARTMENT OF CHILDREN AND YOUTH
Email: [email protected]
Phone Number: (510) 307-8016

102

INTRODUCTION

The Richmond Department for Children and Youth (Department and RDCY are interchangeable within this RFP) is issuing a Request for Proposal (RFP) for evaluation services for Richmond Fund for Children and Youth (Fund and RFCY are interchangeable within this RFP) grant- funded programs and activities for fiscal years (FY) 2021-2022, 2022 – 2023, and 2023 – 2024.

The service agreements (contract) may be renewed for three (3) additional fiscal years (i.e., FY 2024-25, FY 2025-26, and FY 2026-27) based on the selected vendor’s performance.

The Department and Fund were created to expand services provided to Richmond’s children and youth. The Fund shall be administered by Department staff, and oversight of the Fund shall be provided by a fifteen-member Richmond Fund for Children and Youth Oversight Board (Oversight Board). The purpose of the Oversight Board is to help guide funding for youth- serving organizations by developing policies, monitoring, and ensuring that the Fund is managed in a manner accountable to the community. Per the Charter, the Board is responsible for facilitating an annual evaluation by working with a third-party, external independent evaluator to identify relevant evaluation measures and ensure that programs funded through the Fund are impactful and meet established outcomes. Evaluation reports shall be provided to the City Council and the Mayor's office and made available to the public.

Within FYs 2021-2023, RFCY has provided grants to support 39 programs across six strategic priority areas. The Department is seeking Independent Evaluator(s) to provide an evaluation of RFCY programs funded under the six distinct funding strategies as identified in the 2021-2024 RFCY Strategic Investment Plan (https://www.ci.richmond.ca.us/4065/Resources). These strategies are (1) Behavioral Health: Mental Health and Wellness, (2) Education Support and Employment/Training Support, (3) Out of School Time, Afterschool, Sports and Enrichment, (4) Youth Violence and Prevention, (5) Access to Basic Needs and (6) Information, Guidance and Case Management. More information about RDCY and RFCY can be found at:
www.richmondyouth.org.

This RFP describes the project, required scope of services, consultant selection process, the minimum information that must be included in the proposal, and submittal processes. Vendors are required to read and understand all information contained within this entire proposal package. By responding to this RFP, the vendor agrees to all the terms and conditions set forth within the RFP and any supplemental documentation.

The words “organization”, “consultant”, “respondent”, “vendor”, “offeror” and “proposer” are used interchangeably throughout this Request for Proposals (RFP) to refer to the organization, firm, institution, team, or partnership that would act as the City’s consultant throughout the development of the plans detailed above.

ABOUT THE RICHMOND FUND AND DEPARTMENT FOR CHILDREN AND YOUTH

On June 5, 2018, Richmond voters approved Measures E and K, known as the Richmond Kids First Initiative, which approved a City of Richmond charter amendment (Article 15 – Richmond Fund for Children and Youth) to expand services provided to Richmond’s children and young people. As a result of this action, the City of Richmond:
• Created a Richmond Department of Children and Youth (RDCY), • Established the Richmond Fund for Children and Youth (Fund) which requires that a portion of the City’s General Fund be set aside to fund youth programs and services, • Established a 15-member Oversight Board (consisting of youth and adults), • Conducted a Community Needs Assessment (CNA),
• Developed a three-year Strategic Investment Plan (SIP) which guides a 3-year grant- making process, and
103

• Established a competitive “fair and open” grant program to award funds to eligible non- profit and governmental entities that provide services to children and youth.

The Fund was set up to provide a dedicated funding source to help address some of the issues facing Richmond’s young people and is maintained separately and apart from all other City funds. The Fund aims to support programs that focus on community-based initiatives and interventions that improve the community institutions and environments that our children and young people interact with and navigate daily. The City is required to set aside a portion of the City’s General Fund revenues for the Fund in the amounts specified below:
• One percent (1%) set aside in Fiscal Year (FY) 2021-2022 • Two percent (2%) set aside in FY 2022-2023
• Three percent (3%) set aside in FY 2023-2024, and each fiscal year thereafter through Fiscal Year 2027-2028

Additional information regarding RCFY funding and overall program goals can be found in Exhibit A.

Per the Charter, a maximum of five percent (5%) of the Fund may be used for evaluation purposes. Therefore, there are approximately $100,000, $200,000, and $300,000 available for evaluations for FY 2021-2022, FY 2022-2023, and FY 2023-2024, respectively. The amount available increases for the three (3) years mentioned as a result of the increasing General Fund set aside and the increased number of grantees that must be evaluated each year.

CITY OF RICHMOND BACKGROUND

The City of Richmond is a charter city located in Contra Costa County, part of the San Francisco Bay Area with a population of 110,175 residents. Richmond is one of the region’s most diverse communities. The four largest demographic groups are Hispanic or Latino (39.7%), Asian (19.7%), non-Hispanic/Latino Caucasians (19.2%), and Black and African-American (16.1%).

Richmond is home to a multi-modal transit hub that includes BART and Amtrak, marinas, shopping, recreational and cultural amenities, and 32 miles of shoreline. This all contributes to making Richmond among the most desirable up-and-coming communities in California. The total adopted City budget for FY 2021-22 is $362.8 million (revenue), of which $188.5 million (revenue) comprises the General Fund.

The City of Richmond provides a full range of municipal services including police and fire protection; construction and maintenance of streets and infrastructure; library services; storm water and municipal sewer systems; operation of a wastewater treatment facility; and the administration of recreational activities and cultural events. Richmond is home to the Rosie the Riveter/World War II Home Front National Historical Park, 36 miles of the San Francisco Bay Bicycle and Pedestrian Trail, and the 23-acre Point Isabel Regional Shoreline Park.

EVALUATION GOALS

The Evaluator’s work will assist City stakeholders to:
• Assess program effectiveness and strategy impact to inform funding recommendations, grant renewal decisions, and future strategy development • Determine the effectiveness and efficiency of funds at the program and strategic level • Promote best practices among grantees and assist grantees to improve performance through individualized coaching and feedback about evaluation planning, data collection, and results
• Document the assessment of grantee performance and present written findings to stakeholders and grantees
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• Communicate results and impact of RDCY funding to elected officials, grantees, and the general public

SCOPE OF SERVICES
The evaluation will be for the period(s) of FY 2022 -2023 and FY 2023 – 2024. This extended period also incorporates the production of the final evaluation report and presentation. The contract may be extended to fiscal year 2024-2025 (July 1, 2024, through June 30, 2025), fiscal year 2025 – 2026 (July 1, 2025, through June 30, 2026) and to fiscal year 2026 – 2027 (July 1, 2026, through June 30, 2027) based on further City Council authorization.

The responsibilities of the consultant shall be to complete an evaluation of the Richmond Fund for Children and Youth to include the following:

Project Management – Coordinate with staff on all aspects of the design and implementation of the evaluation. Manage all evaluation activities and coordinate with grantees to conduct all aspects of the evaluation.

Evaluation Design and Implementation – Develop a comprehensive outcome-based evaluation that includes the identification of desired outcomes and performance measures for each program, within strategic priorities, and across strategic priorities. Identify common outcomes, indicators, methods, and measures to assess strategy-level performance

Data Collection/ Organizing – Develop and refine tools, including surveys and other methods of data collection from various stakeholders. Document and report on program quality by collecting data through point-of-service observations, client surveys, focus groups, or other means.

Reporting – Provide a summary mid-year and a comprehensive final report in a format that is useful and accessible to the public. Communicate the report and findings to the Oversight Committee and Richmond City Council. Lead evaluator will additionally provide a brief year- end evaluative report to summarize the totality of RFCY’s funding and programming, including information on programs, strategies, matched funding and client demographics. • The year-end evaluation report shall include information on children, youth, and adult participation and demographics; hours of service and types of services delivered; cost of services; matching funds raised by programs; and percentage of contracted goals achieved.
• The mid-year evaluation report shall summarize program performance through six months and qualitative data gathered to inform grant renewal determinations. • Program Profiles for each RFCY-funded program, summarizing program-level evaluation findings. Copies of the Program Profiles are to be provided to each program and to RFCY.

Engagement of Partners – As requested, participate in meetings and work with other systems partners in potential areas of integration. Work closely with the Oversight Board, Department staff, grantees, and other stakeholders in the planning, development and implementation of the evaluation. Coordinate quarterly meetings with RFCY grantees to develop and coordinate the evaluation, and provide opportunities for peer learning, knowledge sharing, and capacity building.

Technical Assistance to Grantees and Staff – Provide technical assistance to grantees to ensure evaluation compliance, and provide grantees with opportunities for evaluation 105

planning for program and organizational development. Maintain clear and ongoing communication with RFCY staff in support of the evaluation. Lead evaluator will facilitate regular (i.e., quarterly) grantee meetings to communicate evaluation-related updates and to promote best practices in the field.

Interview/presentations

Upon request of the City of Richmond, vendors may be requested to give an oral presentation/demonstration on the vendor’s proposal, which would include a detailed analysis of how each of the RFP requirements would be addressed should Offeror receive the award. The demonstration/presentation shall be conducted at no cost to the City. The purpose of the demonstration is to observe the system in an operational environment and to verify its capability, suitability, and adaptability to the performance requirements stipulated in this solicitation.

The City will schedule the demonstration/presentation date, time, and location with the successful finalists. If the vendor fails to perform the presentation/demonstration on the specified date stipulated, the City may elect to reject the proposal or to re-schedule the demonstration in its best interest.

Vendors are not guaranteed an opportunity to present/demonstrate. Vendors may be eliminated from consideration based solely on the inability to meet minimal requirements and/or review of written proposals. The City shall be the sole judge of the acceptability of the system in conformance with the specifications and its decision shall be final.

PROPOSAL FORMAT GUIDELINES

The proposal should be concise, well -organized, and demonstrate the proposer’s qualifications and experience applicable to the Project. The proposal shall be limited to 24 single-side or 12 double-sided pages (8.5 inches x 11 inches), inclusive of graphics, forms, pictures, photographs, dividers, etcetera, but not of cost proposal, resumes, required forms, certifications, front and back covers, or letters of commitment from sub -consultants. The required font size is 12 point, with minimum left and right margins of one inch, and top and bottom margins of 0.7 inches.

Each proposal will adhere to the following order and content of sections. The proposal should be straightforward, and concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and providing a complete and clear description of the offer. Proposals, which in the sole opinion of the City reviewer(s) appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of a failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the Vendor’s response:

A. Cover Letter
• Address letter to Patrick Seals, Senior Management Analyst. • Ensure an officer of the lead agency signs the letter. • Include name, title, phone number, and email address for main staff contact for all communications regarding your proposal submission.
• Provide a very brief introduction to your organization, your motivation for seeking this project, an overview of the skills and experiences your organization would contribute to this project, and your capacity to manage a project of this nature and magnitude. Also, describe your understanding of the scope of services to be done, and the objectives to be accomplished.
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the project components, as well as the experience of partner organizations. • Include a statement regarding the firm’s ability to comply with the RFP and/or standard provisions of the City of Richmond’s Standard Services Agreement including insurance requirements (See Attachments 1 and 2).
• Provide responses to the following items under the section entitled “General City Requirements”: Item #4 (Previous Contracts with the City of Richmond), Item #5 (Exceptions to this Request for Proposals), and #6 (Statement of Impartiality and Disclosure).
• Include a stipulation that the proposal price will be valid for a period of at least 180 days.

B. Background and Project Summary
I. Describe your organization’s experience working particularly with funders and address your understanding and background with providing program-level assessments to help with grantee-level and strategy-level funding decisions.

II. Describe your experience working with grantees to support program improvement at the program-level, and through the promotion of best practices with grantees at large, and address ways in which you have managed to develop grantee relationships without compromising accountability needs regarding the assessment of performance.

III. Describe your organization’s approach to communicating results to different audiences, including political decision-makers, staff, grantees, and to the general public. Address what different kinds of information these audiences need.

C. Project Approach
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services of this RFP. The Methodology Section should:

I. Describe your organization’s expertise in the strategies for which you are proposing to evaluate. This includes addressing: a) your understanding of appropriate outcomes, indicators, and evaluation methods for the strategy, and b) addressing your understanding of the right level of measurement that is both useful for policy-level decision-making and appropriate program-level measurements and feedback.

II. Describe your organization’s understanding of and how you would address some of the opportunities and challenges in developing evaluation outcomes at the various levels: across all RFCY programs, across all programs within a given strategy, and at the individual program level for programs that vary widely in the kind of service they offer, their program model, and the population of children or youth they serve.

III. If applicable, describe your intention to subcontract out any portion of this contract to fulfill the entire scope of work. Provide information on the qualification of the subcontractor(s) and their specific role in achieving the scope of work. Also describe any experience and history you have working with the proposed sub- contractor(s).

IV. Describe your organization’s experience, if any, in collaborating on evaluation design, implementation, data collection, analysis, and reporting with outside institutions to evaluate children and youth programs.

V. Describe your experience with using both qualitative and quantitative evaluation tools to measure program quality. How would you address quantifying program quality from a combination of quantitative and qualitative data? What would you 107

propose for RDCY programs so that city officials, RDCY staff and the public can see and understand program quality?
VI. Describe your organization’s understanding of the critical project elements.

Indicate your organization’s approach and strategies for ensuring grantee and community engagement.

D. Timeline
I. Describe your organization’s proposed timeline to fulfill the scope of work and to execute the project. Identify all tasks and deliverables to be performed, durations for each task, and overall time of completion.

E. Project Staffing & Qualifications
The information requested in this section should describe the qualifications of the firm, key staff, and sub‐contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. The City of Richmond’s evaluation of the proposal will consider the proposer’s entire team; therefore, no changes in the team composition will be allowed without the prior written approval of the City of Richmond. Sub-consultant letters of commitment are required and must be submitted with the proposal. Information shall include:

I. Résumés: Submit as attachments detailed résumé for key personnel whom you expect to be involved with the project, both prime consultants and any sub- consultants. Indicate clearly on the résumé if these individuals are already staff for the applicant agency or whether they are proposed as new hires or subcontractors based on the awarding of this contract.

II. References: Provide a list of three professional references representing clients for whom the consultant has performed services similar to those requested in this RFP.
o Client Name and contact information
▪ Telephone & email address
▪ Address
▪ Description of services provided including contract amount ▪ Project start and end dates
III. Work Samples: Provide two (2) examples of similar project activities completed for other agencies with a description of the project and the name and phone number of the client for each project.

F. Project Budget and Budget Narrative
I. Include an annual project budget for years 1, 2, and 3 including the estimate of total contract cost, to fulfill the Scope of Services described in this RFP. Provide a detailed line-item budget indicating staffing costs, data collection and analysis, meeting facilitation, and other costs associated with fulfilling the scope of services requested. Provide a narrative justification as needed for costs associated with the proposed budget that may not be clearly understood in the budget format alone.

II. Please detail hourly billing rates and the projected number of hours in the budget. a. Provide a list of all staff hourly rates by category (i.e. Principal, Project Manager, etc.)
b. Hourly rates shall be all-inclusive (i.e., base salary, fringe benefits, overhead, profit, etc.)
III. Please include the budgets for Sub-consultant services, if needed. These rates will also be used to negotiate rates for other projects (including optional tasks) that may be assigned. No additional funds will be paid above and beyond the 108

original quote given by the selected Vendor.

IV. The maximum contract amount for this RFP is projected to be approximately, $100,000, $200,000, and $300,000 available for evaluations for FY 2021-2022, FY 2022-2023, and FY 2023-2024, respectively.

Please note: Proposers will be paid at the same rates set forth in their cost proposal and no additional funds will be paid above and beyond the original quote given by the selected Proposer unless further negotiated in writing and agreed to by the City of Richmond. These rates will also be used to negotiate other mutually agreed-upon tasks that may be assigned.

This is a negotiated procurement and as such, awards may not necessarily be made to the consultant submitting the lowest-priced proposal. Awards will be made to the consultant submitting the best responsive proposal satisfying the Department’s criteria, including consideration of price and other indicated factors.

G. Value-Added Services
Please provide any additional services of benefit not specifically required herein, which the Offeror offers to provide.

H. Contractor Assignment of Sub-Contract
The resulting contract shall not be assigned, transferred, or sublet, in whole or in part, without the prior written approval of the City of Richmond. If Offerors intend to subcontract any portion of the resulting contract, they must describe their process for selecting such subcontractor(s) and the quality control measures that the Offeror will employ to ensure that any subcontractor complies with the provisions of Offeror’s contract with the City.

I. Previous Contracts with the City of Richmond
The proposer shall submit a list that indicates all prime contracts and/or amendments awarded to the proposer by the City of Richmond for the last three (3) years. The list shall include a short description of the Project, the Project scope of work, award date, completion date, name of City of Richmond’s assigned Project Manager, and the contract value.

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

K. Statement of Impartiality and Disclosure
The nature of this Project requires an impartial unbiased approach on the part of the proposer’s team. This proposal shall include a statement declaring that the proposer and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to be in conflict with City of Richmond’s interests. Additionally, proposer is required to disclose any pending or active investigations or litigation that may affect 109

the reputation or ability of the proposer to carry out the Project.

PROCESS FOR SUBMITTING PROPOSALS

Questions Concerning Request for Proposals

All questions must be submitted via the electronic BidsOnline system on the Q&A tab by March 3, 2023, at 5:00 PM Pacific Standard Time (PST). If the City finds it necessary to issue an addendum, prospective Offerors will receive an e-mail notification of the addendum.

Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent by March 10, 2023. It is the proposer’s responsibility to periodically check the BidsOnline website www.ci.richmond.ca.us/bids for any possible Addenda to the RFP that may have been posted.

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

Interested parties may download copies of the above-me ntioned proposal by visiting the City's website, www.ci.richmond.ca.us/bids. To download RFP, new vendors will be required to register. Once the vendor downloads any documents relative to a solicitation, that vendor's name will appear on the Prospective Bidders list for that project and will receive any addenda or notifications relating to the RFP.

Submission of Proposals

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

Electronic Proposals shall be submitted via the City’s secure online bidding system. All required sections of the proposal must be submitted via the website. The contractor is solely responsible for the “on time” submission of their electronic proposal. The Bid Management System will not accept late proposals and no exceptions shall be made. Contractors will receive an e-bid confirmation number with a time stamp from the Bid Management System indicating that their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.

The proposal must be received no later than 12:00 PM PST, on March 17, 2023. The City of Richmond reserves the right to waive inconsequential irregularities.

PROPOSAL EVALUATION AND SELECTION PROCESS

All proposals shall be reviewed to verify that the Respondent has met the minimum requirements.

Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions of the Service Agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Richmond personnel.

The City reserves the right to reject any or all proposals or to make no award. The City also reserves the right to require modifications follow‐up with requests for additional information, including, but not limited to, follow‐up interviews. The City may request the best and final offers 110

based upon an improved understanding of the offers or changed scope of service. The City will negotiate with that vendor to determine the final pricing, and contract form. Because this proposal is negotiable, all pricing data will remain confidential until after the award is made, and there will be no public opening and reading of Proposals. Overall responsiveness to the RFP is an important factor in the evaluation process. The criteria upon which the evaluation of the proposals will be based include, but are not limited to, the following:

Category Description Maximum
Score
Quality &
Completeness
• Proposal exhibits clarity, organization, detail, and
responsiveness overall
• Transmittal Letter is included and meets all requirements. • All submittal requirements are met and required information is provided in the format specified
10 Project Approach
• Proposal demonstrates the firm’s ability to provide services as outlined in the RFP
• Approach and proposed methodology to project scope is clear and strong
• Demonstrated knowledge of the work required is highlighted • Explanation of the Project or services offered by the firm are linked to the scope of services as described
• Innovative approaches and internal measures for the timely completion of the Project are linked to the scope of services described
• Any additional services of benefit to the project offered as an added value
35 Timeline
• Timeline provides sufficient detail for reviewers to analyze the feasibility of the scope of work, the robustness of activities and approach and demonstrates Respondent’s clear
understanding of the requested scope of work
10 Project Staffing &
Qualifications
• Firm’s experience in performing similar work, years in business, past and current client references are relevant, and technical expertise and professional competence in areas directly related to this RFP
• Unique qualifications of key personnel and successful involvement with projects of similar scope and magnitude • Professional background and qualifications of all team members comprising the team are clearly demonstrated
• Availability of staff to conduct tasks within required timeframe • Résumés included and organizational structure clearly outlined
25 Project
Budgeting/Narrative
• Budget is sufficiently detailed, clear, and includes all specified requirements such as pricing for staff, including direct and indirect labor expenses
• Proposed Budget and costs include narrative and line-item budgets
20 Total 100
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Pre-Award Negotiations

After the proposals are opened, but prior to award, the City may elect to conduct negotiations with the highest ranked respondent for purposes of:

• Resolving minor differences and information
• Clarifying necessary details and responsibilities
• Emphasizing important issues and points
• Receiving assurances from respondents
• Cost/budget clarifications

If the City does not enter a contract with the highest-ranked respondent, the City may begin negotiations with the second highest-ranked respondent.

Selection may be made without further discussion, negotiations, or Offeror’s presentations; therefore, Offeror shall offer the most favorable terms in response to this RFP. Offeror must demonstrate an understanding of the scope of service to be provided and the ability to accomplish the tasks set forth. Offeror shall include information that will enable the City to determine the Offeror’s overall qualifications. The City reserves the right to request additional information or clarification on any matter included in the proposal response, to enable the City to arrive at the final award decision.

Award - When the Review Panel has completed its work, City staff will then recommend a firm to the City Manager and City Council for approval. The services provided by the successful bidder shall be governed by a Standard Services Agreement (Attachment A).

General Guidelines

This RFP does not commit the City of Richmond to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP, or to procure or contract for work. The City of Richmond may reject any or all proposal(s) without providing the reason(s) underlying the declination. A failure to award a contract to the proposer with the lowest cost proposal shall not constitute a valid cause of action against the City of Richmond. The City shall not be responsible for work done, even in good faith, prior to final approval of the proposed contract. The City may investigate the qualifications of any respondent under consideration, require confirmation of information furnished by the respondent, and require additional evidence or qualifications to perform the Services described in this RFP.

The City reserves the right to:

1. Reject any or all proposals.

2. Issue subsequent Requests for Proposal.

3. Postpone opening for its own convenience.

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

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

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

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

9. Waive informalities and irregularities in proposals.

Public Records

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

Insurance Requirements

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

Business Licenses

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

Compliance with City Ordinances

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

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

Sanctuary City Contracting Ordinance (SCCO)

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

Proposers must submit the attached Sanctuary City Compliance Statement with their Proposal. (Attachment D)

Limited Liability Company Disclosure Statement (LLCS)

Resolution No. 86-21 (Attachment E), approved by City Council on July 6, 2021, requires disclosure of the identities of beneficial & responsible owners of Limited 113

Liability Corporations (LLC). Proposers must submit the attached Disclosure Statement of Limited Liability Companies Form with their Proposal (Attachment F).

Collusion

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

Withdrawal of Proposals

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

Ownership of Documents

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

Exhibits
A. RCFY Funding and Overall Program Goals

Attachments

A. Standard Contract/Standard Services Agreement
B. Insurance Requirements
C. Sanctuary City Contracting Ordinance No. 12-18
D. Sanctuary City Compliance Statement
E. Limited Liability Company Disclosure Resolution No. 86-21 F. Limited Liability Company Disclosure Statement

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Attachment 4 - Scoring Matrix
RFP Evaluators
RFP Proposal Scores
EvalCorp WestEd
Rater 1 83 86
Rater 2 80 90
Rater 3 84 76
Total (out of 100) 247 252
Avg (out of 100) 82.33 84.00
Interview Forced Ranking
Interview 1 Interveiw 2
Rater 4 EvalCorp WestEd Rank 1
EvalCorp Rank 2
Rater 5 EvalCorp WestEd Rank 1
EvalCorp Rank 2
Rater 6 EvalCorp WestEd Rank 1
EvalCorp Rank 2
Rater 7 EvalCorp WestEd Rank 1
EvalCorp Rank 2
RFP Scoring and Interview Combined
1st Ranking WestEd
2nd Ranking EvalCorp
ATTACHMENT 4 - SCORING MATRIX227

January 16, 2024

Mayor's Office

DATE: January 16, 2024
TO: Members of the City Council
FROM:

Mayor Martinez and Vice Mayor McLaughlin

Subject:

Proclamation declaring January 27, 2024, as
International Holocaust Remembrance Day.

FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City of Richmond recognizes January 27, 2024, as
International Holocaust Remembrance Day, honoring the
millions persecuted during the Holocaust. This day
emphasizes the city’s dedication to remembering history, combating hatred, and promoting justice and human
dignity.

RECOMMENDED ACTION:

PROCLAMATION declaring January 27th as International
Holocaust Remembrance Day in the City of Richmond -
Mayor’s Office (Mayor Eduardo Martinez 510-620-
6503/Vice-Mayor Gayle McLaughlin 510-620-6636).

DISCUSSION:

The City of Richmond acknowledges January 27th as International Holocaust Remembrance Day, marking the anniversary of the liberation of Auschwitz-Birkenau by the Soviet Red Army. This day is a solemn commemoration of the Holocaust, where six million Jewish individuals, along with millions of others including Romani people, the LGBTQ+ community, disabled individuals, Polish and Soviet civilians, political dissidents, and various marginalized groups, suffered systematic persecution and AGENDA
REPORT
228

January 16, 2024
annihilation under the Nazi regime from 1933 to 1945. The city recognizes the critical importance of remembering these atrocities and the early warning signs of genocide, emphasizing the need to educate about the Holocaust and to build a community that actively combats anti-Semitism and all forms of hatred. This remembrance is not only a tribute to the victims and survivors but also an opportunity to reflect on the moral responsibilities of individuals and societies to prevent genocide and to vocally condemn it. Mayor Eduardo Martinez, representing Richmond's City Council and its residents, proclaims January 27, 2023, as a day for the people of Richmond to mourn the victims of the Holocaust and to reaffirm their commitment to respect, human dignity, and justice for all.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
229

Whereas International Holocaust Remembrance Day is observed annually on January 27th, the anniversary of the Soviet Red Army liberation of Auschwitz-Birkenau, the largest Nazi concentration and death camp; and

Whereas the Holocaust was the horrific state-sponsored, systematic persecution and annihilation of six million Jewish people by the Nazi regime and its collaborators between 1933 and 1945; and

Whereas millions more, including Romani people, the LGBTQ+ community, disabled individuals, Polish and Soviet civilians, political dissidents, and other groups, were also brutally targeted by the Nazi regime; and

Whereas it is crucial to honor the memory of those who were systematically murdered, to acknowledge survivors and their stories, and to pay tribute to the international coalition who bravely fought against the Nazi regime; andadoption;

Whereas the City of Richmond recognizes the importance of remembering both the early warning signs and atrocities of the Holocaust, as it is essential to ensure that genocide never occurs again; and

Whereas the City of Richmond encourages all residents to commemorate this day, to continue educating themselves about the Holocaust, and to remain committed to building a community that combats anti-semitism and hatred in all its forms and promotes human dignity and justice;

Whereas this day provides an opportunity for reflection on the moral responsibilities of individuals, societies, and governments to prevent genocide and to condemn it vociferously when it occurs; and

Eduardo Martinez, Mayor of the City of Richmond, on behalf of the City Council and the residents of Richmond, do hereby proclaim January 27, 2023, as International Holocaust Remembrance Day in Richmond, California, and urge all residents to take this day to grieve the victims of the Holocaust and commit themselves to respect and justice for all people.

International Holocaust Remembrance Day
January 27th, 2023
Mayor Eduardo Martinez
City of Richmond
January 16th, 2023
Now

There
fore,
Vice-Mayor McLaughlin
City of Richmond
January 16th, 2023
Therefore, I,
230

January 16, 2024

Mayor's Office

DATE: January 16, 2024
TO: Members of the City Council
FROM:

Mayor Martinez and Councilmember Jimenez

Subject:

National Blood Donor Month 2024
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Proclaiming January 2024 as National Blood Donor
Month in the City of Richmond to raise awareness and
emphasize the vital importance of blood donation in
saving lives.

RECOMMENDED ACTION:

PROCLAMATION declaring January as National Blood
Donor Month in the City of Richmond - Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503/Councilmember
Claudia Jimenez 510-620-6636).

DISCUSSION:

Proclaiming January 2024 as National Blood Donor Month, emphasizing the vital importance of blood donation in saving lives. This proclamation highlights the lifesaving role of blood donations for people undergoing surgeries, cancer treatments, chronic illnesses, and traumatic injuries, and acknowledges the significant decline in donations during winter months. It stresses the need for a diverse donor pool to ensure the availability of various blood types for different medical needs. Importantly, the proclamation recognizes the historical exclusion of the LGBTQ+ community from blood AGENDA
REPORT
231

January 16, 2024
donation, commending recent federal efforts to improve inclusivity in donor eligibility.

Mayor Martinez, on behalf of the City Council and Richmond residents, urges all eligible individuals, regardless of sexual orientation or gender identity, to participate in blood donation, highlighting the city's commitment to health, inclusivity, and community support.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation
232

Whereas the City of Richmond recognizes the importance of blood donation as a life- saving act that benefits all people, including those undergoing surgeries, cancer treatment, chronic illnesses, and traumatic injuries; and

Whereas National Blood Donor Month is observed annually in January, as a time to celebrate the critical contribution of blood and platelet donors; and

Whereas this month-long celebration highlights the vital role blood donors play in the health and wellbeing of their communities, particularly during the winter months when blood donations typically decline; and

Whereas the City of Richmond acknowledges the need for a diverse pool of donors to ensure the availability of all blood types for patients with various medical needs; and

Whereas historically, members of the LGBTQ+ community have been wrongfully excluded from blood donation, a policy that federal guidelines have only recently updated to improve; and

Whereas the City of Richmond encourages all eligible residents, regardless of their sexual orientation or gender identity, to consider blood donation, and appreciates the steps taken towards inclusivity in donor eligibility;

I, Eduardo Martinez, Mayor of the City of Richmond, on behalf of the City Council and the residents of Richmond, do hereby proclaim January 2024 as National Blood Donor Month in Richmond, California, and urge all residents to consider helping their neighbors with regular blood donations.

National Blood Donor Month in the City of Richmond
January 2024
Mayor Eduardo Martinez
City of Richmond
January 16th, 2024
Now Therefore,
There
fore,
Councilmember Jimenez
City of Richmond, District 2
January 16th, 2024
233

January 16, 2024

Police Department

DATE: January 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Resolution and Appropriation to Pay for Police
Department’s Service Weapon Package Replacement
FINANCIAL IMPACT: The total purchase amount is $107,667.59. The proposed current fiscal year 2023-24 expenditure of $62,025.21 will come from the Police Department’s Asset Forfeiture
Fund (10491521-400603). $45,642.38 was previously
approved and expended in Fiscal Year 2022-23.

PREVIOUS COUNCIL
ACTION:

May 2, 2023

STATEMENT OF THE
ISSUE:

The City of Richmond Police Department’s order of
replacement service weapons, sights, and lights, from All State Police Equipment Co., was partially shipped in
Fiscal Year 2022-23; the remaining items will be received in Fiscal Year 2023-24.

RECOMMENDED ACTION:

ADOPT a resolution to APPROPRIATE $62,025.21 from
the Police Department’s Asset Forfeiture Fund; and
AUTHORIZE the increased expenditure with All State
Police Equipment Co., from $45,642.38 to a new total
amount not to exceed $107,667.59, to cover the
remaining purchase order expenses for the Police
Department’s service weapon package replacement
previously approved in Fiscal Year 2022-2023 – Police
Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
234

January 16, 2024
DISCUSSION:

The City of Richmond Police Department (RPD) issued a Request for Proposals (RFP) on July 27, 2022 (Attachment 1). Responses were evaluated according to the City’s purchasing guidelines. All State Police Equipment Co. was selected as the chosen vendor based on their low bid and ability to meet 2022 RFP pricing with the manufacturer.

On May 2, 2023, City Council approved a purchase order with All State Police Equipment Co. to allow RPD to acquire replacement service weapons which included 100 service pistols, and the necessary accessories (100 red-dot sights and 100 pistol- mounted lights). The purchase of service weapons was approved during the previous fiscal year 2022-2023 mid-year budget process, and the requested 100 service pistols were shipped and delivered on June 20, 2023. However, the approved and required 100 red-dot sights, and 100 pistol-mounted lights were delayed due to supply chain shortages and manufacturing production issues. The service weapon was manufactured specifically to fit the sights and lights and would not be compatible for duty without the missing items.

The City’s purchasing policy does not allow purchase orders to carry forward to the following fiscal year if the purchase order is not related to an ongoing capital asset expenditure. Therefore, a new purchase order is needed for the current fiscal year. RPD staff is seeking City Council’s approval to appropriate fiscal year 2023-24 funds in the amount of $62,025.21 to complete the full order for the service weapon package from All State Police Equipment Co. This purchase is crucial for the upcoming service weapon training and orientation scheduled for February 2024. Funding for the expenditure will be drawn from RPD’s Asset Forfeiture Fund and will not impact the General Fund.

DOCUMENTS ATTACHED:

Attachment 1 – Request for Proposals (RFP)
Attachment 2 – Resolution

235
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City of Richmond
POLICE SERVICE WEAPON AND ACCESSORIES, bidding on 08/26/2022 5:00 PM (PDT)

Printed 07/26/2022
PlanetBids, Inc.
238
Reso. No. XX-24

RESOLUTION NO. XX-24

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, APPROPRIATING FUNDING IN FISCAL YEAR 2023-2024 TO THE CITY OF RICHMOND POLICE DEPARTMENT’S ASSET FORFEITURE FUND IN THE AMOUNT OF $62,025.21 TO COMPLETE THE PURCHASE OF THE DEPARTMENT’S

SERVICE WEAPON PACKAGE

WHEREAS, funding for the City of Richmond Police Department service weapon package (to include service weapon, service weapon sight, and service weapon light) was originally appropriated and approved in the Fiscal Year 2022-2023 during the mid-year budget appropriation; and

WHEREAS, no budget appropriation was made to the Asset Forfeiture Fund for the City of Richmond Police Department service weapon package submitted for Fiscal Year 2023-2024 during the Fiscal Year 2023-2024 budget submission period; and

WHEREAS, the original Fiscal Year 2022-2023 Purchase Order for the complete service weapon package was closed on August 21, 2023; and

WHEREAS, two of the items (service weapon sights and lights) were delayed beyond August 21, 2023 due to supply chain issues; and

WHEREAS, the service weapon was manufactured specifically to fit the sights and lights, and would not be compatible for duty without the missing items; and

WHEREAS, funding must be re-appropriated in Fiscal Year 2023-2024 from the City of Richmond Police Department’s Asset Forfeiture Fund to complete the purchase of the service weapon package that includes service weapon, service weapon sight and service weapon light; and

WHEREAS, additional funding must be appropriated to cover the tax and shipping expense not originally appropriated in Fiscal Year 2022-2023’s budget appropriation; and

WHEREAS, any budget appropriations made after the initial Fiscal Year budget approval must be approved by the City of Richmond City Council; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richmond, California hereby re-appropriate funding in the amount of $62,025.21 into the approved Fiscal Year 2023-2024 Asset Forfeiture Fund budget to complete the purchase of the City of Richmond Police Department service weapon package.

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

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held January 16, 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

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Reso. No. XX-24

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. XX-24, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on January 16, 2024.

Pamela Christian, Clerk of the City of Richmond
240

January 16, 2024

Police Department

DATE: January 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Contract with LC Action Police Supply for the Purchase
and Fitting of Ballistic Vests for Sworn Police Staff
FINANCIAL IMPACT: The proposed expenditure of $400,000 will be partially covered by the Edward Byrne Justice Assistance Grant
and the balance will come from the Richmond Police
Department’s approved safety equipment budget for the
term of the contract – account strings 10691021-400603- 19G10 and 01191021-400603.

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

Ballistic vests mitigate the risks involved with
encountering armed individuals. Ballistic vests are
required to be replaced every five (5) years. Police
Department staff would like to enter into a contract with LC Action Police Supply to replace the vests as
necessary.

RECOMMENDED ACTION:

APPROVE a contract with LC Action Police Supply in an
amount not to exceed $400,000, for a term beginning
January 17, 2024, through January 16, 2029, for the
purchase and fitting of police officer ballistic vests – Police Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
241

January 16, 2024
DISCUSSION:

In recent years, we have witnessed numerous incidents where police officers have encountered armed individuals. The use of ballistic vests has been instrumental in protecting officers from life-threatening injuries in these high-stakes situations. By wearing these vests, officers significantly increase their chances of survival in the event of a bullet striking an officer.

Every five (5) years, the ballistic vests worn by Richmond Police Department’s sworn officers require replacement according to manufacturer specifications. Department staff released a Request for Proposals (RFP) on August 16, 2023, with a due date of September 15, 2023. Two-hundred and three (203) vendors were notified, and four (4) responses were received. Out of a possible 100-point total, 20 points could be awarded for experience and 80 points for cost. LC Action Police Supply received the highest rating with 90 points, followed by Curtis Blue Line with 80 points, Proforce with 70 points, and Adamson with 60 points.

Funding for the ballistic vests will be partially offset by the Edward Byrne Memorial Justice Assistance Grant (JAG) awarded to the City of Richmond Police Department.

The JAG program is the leading source of federal justice funding to state and local jurisdictions and was created after Edward Byrne was shot and killed in the line of duty.

The JAG Program provides states, tribes, and local governments with critical funding necessary to support a range of program areas including law enforcement. Each year, the City of Richmond Police Department joins the grant application process with the Contra Costa County Sherriff’s Department, who designates Richmond Police Department as a subgrantee. The award amounts granted to the Richmond Police Department fluctuate annually, with previous awards ranging from $60,000 to $80,000.

The contract for vest replacements will span over the next five years, allowing for a gradual replacement of vests reaching or nearing expiration within that timeframe. The expiration date is determined by the vest's manufacturing date, and as vests are assigned to specific officers, their expiration aligns with the officer's start date. This naturally creates a staggered replacement schedule, unless unexpected damage deems a vest unusable. While efforts will be made to adhere to grant funding parameters for purchase costs, the timing of replacements may lead to some officers needing replacements before the next year's grant funds are available. In such cases, the safety equipment budget will be utilized to cover the difference. To minimize costs, the RFP specified that the awarded vendor must visit the Richmond Police Department to fit the officers, thereby reducing travel and overtime expenses for the Department’s personnel.

Police Department staff recommends approval of the five-year contract with LC Action for ballistic vests to ensure that the City of Richmond Police Officers stay safe in the line of duty.

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