January 23, 2024
Human Resources
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Director of Human Resources
Dave Aleshire, City Attorney
Jack Hughes, Chief Negotiator
SUBJECT:
Proposed Resolution Approving a Memorandum of
Understanding between the City of Richmond and the
Richmond Fire Management Association (RFMA)
FINANCIAL IMPACT: Adoption of the Memorandum of Understanding (MOU) for Richmond Fire Management Association (RFMA) Bargaining
Unit. The estimated fiscal impact for Fiscal Year (FY) 2022- 23 is $56,784; FY 2023-24 is $99,300; FY 2024-25 is
$85,546. Terms of the agreement - July 1, 2022 through
June 30, 2025.
PREVIOUS COUNCIL
ACTION:
October 17, 2023
STATEMENT OF THE
ISSUE:
The City’s Memorandum of Understanding (MOU) with the
Richmond Fire Management Association expired June 30,
2022. RFMA and the City negotiated regarding a successor MOU. The parties reached a Tentative Agreement (TA) to
establish a new MOU. The City Council approved the TA on October 17, 2023. This action is to formally approve the new MOU.
RECOMMENDED
ACTION:
ADOPT a resolution approving the successor Memorandum
of Understanding between the City of Richmond and the
Richmond Fire Management Association for the term of July 1, 2022, through June 30, 2025; and DIRECT the city
manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human Resources Department/City Attorney’s AGENDA
REPORT
255
January 23, 2024
Office (Sharrone Taylor/Nickie Mastay/Dave Aleshire/Jack Hughes 510-620-6602).
DISCUSSION:
The term of the prior Memorandum of Understanding (MOU) between the City of Richmond and the Richmond Fire Management Association (RFMA) covered the period of July 1, 2016, to June 30, 2022. Representatives of the City and RFMA met and conferred in good faith to negotiate an agreement and finalize the MOU. The parties reached Tentative Agreements to establish a new MOU, and the City Council approved those agreements through the adoption of City Council Resolution #108-23 on October 17, 2023.
Following City Council approval of the Tentative Agreements, the parties worked together to prepare the new MOU to memorialize and replace the Tentative Agreements. The parties have reached agreement on the MOU for the term of July 1, 2022 to June 30, 2025. City staff is submitting it to City Council tonight for approval and adoption.
FINANCIAL IMPACT:
The estimated fiscal impact of the Memorandum of Understanding with the Richmond Fire Management Association is as follows:
Fiscal Year 2022-23 is $56,784
Fiscal Year 2023-24 is $99,300
Fiscal Year 2024-25 is $85,546.
RECOMMENDATION:
City staff recommends the City Council adopt the proposed resolution approving the successor MOU between the City of Richmond and the RFMA for the term of July 1, 2022 through June 30, 2025. City staff further recommends that the City Council direct the City Manager or her designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Resolution Exhibit 1 (Memorandum of Understanding)
256
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
RICHMOND AND THE RICHMOND FIRE MANAGEMENT ASSOCIATION
WHEREAS, the City of Richmond and the Richmond Fire Management Association (RFMA) had a Memorandum of Understanding (MOU) covering the period July 1, 2016 through June 30, 2022; and
WHEREAS, in accordance with Government Code Section 3505, the City’s negotiation team met and conferred in good faith with representatives of RFMA to negotiate a successor agreement; and
WHEREAS, the parties reached Tentative Agreements for a new MOU, and City Council approved those agreements on October 17, 2023; and
WHEREAS, the parties reached a Tentative Agreement for a successor MOU for the period of July 1, 2022 through June 30, 2025, which was ratified by the membership of RFMA, and adopted by the City Council via Resolution No. 108-23.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richmond as follows:
Section 1. That the Memorandum of Understanding (MOU) between the City of Richmond and the Richmond Fire Management Association (RFMA) for the period of July 1, 2022 through June 30, 2025, as provided in the attached Exhibit 1 and herein incorporated by reference is approved; and
Section 2. Directs the City Manager or their designee to update the publicly available salary schedule with the adopted wage increases during the terms of the MOU
*****************************
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:
AYES:
NOES:
257
ABSTENTIONS:
ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
258
12263835.1 RI424-105
MEMORANDUM OF UNDERSTANDING
between
The City of Richmond, California
and
Richmond Fire Management Association
July 1, 2022 – June 30, 2025
259
1 RICHMOND FIRE MANAGEMENT MOU
TABLE OF CONTENTS
ARTICLE TITLE PAGE
1 RECOGNITION .................................................................................. 3 2 EMPLOYEE RIGHTS ......................................................................... 3 3 CITY AND DEPARTMENTAL RIGHTS .............................................. 4 4 NO STRIKE ........................................................................................ 4 5 SALARIES ......................................................................................... 4 6 OVERTIME AND COMPENSATION .................................................. 6 7 BILINGUAL PAY ................................................................................ 7 8 LONGEVITY PAY .............................................................................. 7 9 RESERVED ....................................................................................... 8 10 INDIRECT PAY ALLOWANCE:
UNIFORM ALLOWANCE.............................................................. 9 PROFESSIONAL DEVELOPMENT .............................................. 9 BATTALION CHIEF WORKING 40 HOUR ................................... 9 HAZARDOUS MATERIALS RESPONSE TEAM .......................... 9 EMT 135 CERTIFICATION ........................................................... 9 EDUCATION INCENTIVE ............................................................ 9 11 HOURS ............................................................................................ 10 DUTY CYCLE ............................................................................. 10 DAY SHIFT ................................................................................. 10 DUTY DAYS ............................................................................... 10 12 ATTENDANCE ................................................................................. 11 13 LEAVES OF ABSENCE:
LEAVE OF ABSENCE WITHOUT PAY ...................................... 12 LEAVE OF ABSENCE WITH PAY .............................................. 12 SICK LEAVE ............................................................................... 12 BEREAVEMENT LEAVE ............................................................ 14 PARENTAL LEAVE .................................................................... 15 FAMILY AND MEDICAL CARE LEAVE ...................................... 15 ADMINISTRATIVE LEAVE ......................................................... 16 14 WORKERS’ COMPENSATION LEAVE ........................................... 16 15 VACATION ....................................................................................... 18 16 MILITARY LEAVE ............................................................................ 21 17 LEAVE FOR JURY DUTY ................................................................ 21 18 CERTAIN COURT APPEARANCE .................................................. 22 19 HEALTH BENEFITS:
MEDICAL PLANS ....................................................................... 22 ACTIVE EMPLOYEES BENEFIT ACCOUNT ............................. 23 CAFETERIA OPTION ................................................................. 23 ACTIVE EMPLOYEE MEDICAL CONTRIBUTION ..................... 23 RETIREE MEDICAL .................................................................. 24 OPEB (RETIREE MEDICAL) CONTRIBUTION ......................... 25 DENTAL PLAN ........................................................................... 25 2022-2025 MOU
RFMA
260
2 VISION PLAN ............................................................................. 25 FLEXIBLE BENEFITS PLAN ...................................................... 25 20 LIFE INSURANCE AND LONG-TERM DISABILITY ........................ 26 21 RETIREMENT PLAN ....................................................................... 26 22 LAYOFFS AND EFFECTS ............................................................... 26 23 RESIGNATION AND RELEASE DURING PROBATIONARY PERIOD .... 27 24 NEPOTISM POLICY ........................................................................ 28 25 PROBATIONARY PERIOD .............................................................. 28 26 PROBATIONARY PERFORMANCE REPORTS .............................. 29 27 HOLIDAYS ....................................................................................... 29 28 DRUG AND ALCOHOL ABUSE TESTING ...................................... 30 29 GRIEVANCE PROCEDURE ............................................................ 30 30 FULL AGREEMENT/ZIPPER CLAUSE ........................................... 34 31 TERM ............................................................................................... 34 SIGNATURE PAGE ......................................................................... 34 2022-2025 MOU
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3 MEMORANDUM OF UNDERSTANDING
between
CITY OF RICHMOND
and
RICHMOND FIRE MANAGEMENT ASSOCIATION
July 1, 2022 through June 30, 2025
1. RECOGNITION:
The City recognizes the Association as the sole and exclusive representative for the Fire Management bargaining unit, consisting of the following classifications, as well as any new classifications which may be assigned to this unit in accordance with the City Charter, the City's Employer - Employee Relations Resolution, Personnel Rules, and State law.
Battalion Chief
Fire Marshal
2. EMPLOYEE RIGHTS
A. No Discrimination
No employee covered by this Agreement shall be discriminated against by the City or by the Association by reason of race, color, religion, creed, sex, sexual orientation, age, national origin, physical or mental disability, lawful Association activity, or a refusal to participate in Association activity.
B. Release Time
The City shall afford representatives of the association reasonable time off during working hours without loss of compensation or other benefits for representational purposes provided, however, that said time is scheduled so as not to unduly interfere with workload and job requirements as determined by the Fire Chief or designee.
The Association shall advise the Fire Chief, the Director of Human Resources Management or designee of the name of its authorized Association representative(s).
Where practicable, employees seeking release for purposes of this subsection must inform the Fire Chief or designee of their proposed absence no later than forty -eight (48) hours prior to such proposed absence and must receive advance approval. The Fire Chief may 2022-2025 MOU
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4 withhold approval of any proposed absence when operational needs or other legitimate considerations so warrant.
3. CITY AND DEPARTMENTAL RIGHTS
The Richmond Fire Management Association, recognizes that the City and the Fire Chief retain, whether exercised or not, solely and exclusively all expressed and inherent rights and authority pursuant to law with respect to determining the level of and the manner in which the City's Fire Department activities are conducted, managed, and administered, and the association rec ognizes the exclusive right of the Fire Chief to maintain departmental rules and procedures for the administration of the Fire Department during the term of this Memorandum provided that such rules and procedures do not violate any of the specific expressed provisions of this Memorandum of Understanding.
4. NO STRIKE
The Association and its members pledge that they shall not engage in any strike, slow down, sick out, sympathy strike, partial strike, or other concerted refusal to work.
5. SALARIES
A. SALARY ADJUSTMENTS:
Effective the first full pay period in January 2023 the City will increase base wages by 2.0%.
Effective the first full pay period in July 2023, the City will increase base wages by 2.0%.
Effective the first full pay period in January 2024, the City will increase base wages by 2.0%.
Effective the first full pay period in July 2024, the City will increase base wages by 2.0%.
Effective the first full pay period in January 2025, the City will increase base wages by 5.5%.
B. SALARY DESIGNATIONS: The salaries herein established are on a monthly basis, except as where otherwise established.
C. ADVANCEMENTS AND PROMOTIONS: Salary advancements shall be made in conformance with the salary plan contained within this memorandum of understanding and in conformance with the provisions of 2022-2025 MOU
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5 the City Charter and Personnel Rules as these relate to salary advancement and employee promotion.
D. EFFECTS OF CERTAIN PERSONNEL ACTIONS UPON SALARIES: An employee occupying a position which is real located to another classification, the maximum salary for which is less than the maximum salary for the incumbent's present classification, shall continue to receive their present salary. An employee occupying a position in a classification, the maximum salary rate for which is reduced, shall continue to receive their present salary. Such continuations of present salaries shall each be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, subsequent appointments to that positio n shall be made in accordance with the salary range established by this memorandum of understanding. "Y" rating does not apply in the event of bumping to a lower paid classification as a result of layoff.
When the classification's salary range increases to the level of the employee's "Y" rated salary, the employee will once again be eligible for salary increases through both merit and across the board increases, not to exceed the top step of the salary range.
E. ELIGIBILITY FOR SALARY ADVANCEMENT: Each year of satisfactory service normally shall make an employee eligible for consideration for salary advancement within the salary range of their classification, except where such employee is in a class for which there is a single rate of pay.
Annual advancement shall not be automatic but shall depend upon the increased value of an employee to the City as reflected by the recommendation of their supervisor and their department head within a written performance evaluation.
Exceptionally meritorious service shall be considered adequate grounds for consideration for advancement even though such service is of less than one year's duration. Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the Classified Service for good and sufficient reasons.
F. PROMOTION - EFFECT UPON RATE OF COMPENSATION: Whenever an employee is promoted to a higher class, she/he shall be entitled to receive in the new position th e nearest higher monthly salary in the salary range which attaches to the higher class.
G. DEMOTION: The rate of compensation to be paid in all cases of demotion, whether voluntary, disciplinary, for incompetence, or in lieu of layoff, shall be determined by the City Manager, based upon the 2022-2025 MOU
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6 recommendation of the Department Head and the Director of Human Resources Management.
H. EFFECT OF LEAVE WITHOUT PAY UPON SALARY ADVANCEMENT:
An employee who has taken leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty days.
Leave of absence for a period totaling less than thirty (30) days in the given service year shall have no effect upon the employee's anniversary date.
6. OVERTIME AND COMPENSATION FOR OVERTIME
A. GENERAL PROVISIONS: 56-hour Battalion Chiefs are entitled to overtime compensation for all hours worked in excess of their assigned work schedule. 40 -hour Battalion Chiefs are ex empt from overtime under the Fair Labor Standards Act (FLSA). However, if a 40 -hour Battalion Chief works a suppression shift outside of their regular work schedule, the 40 -hour Battalion Chief is entitled to overtime compensation for that shift at the 56 -hour Battalion Chief rate.
A.1 The 40-hour Battalion Chief may be offered overtime only after each of the 56-hour Battalion Chiefs have been offered and have declined the overtime opportunity.
B. RATE OF COMPENSATION FOR OVERTIME WORKED: Overtime shall be paid either by cash at the rate of one and one -half times the hourly regular rate of pay for each overtime hour worked or by compensatory time -off accrued at one and one-half hours per overtime hour worked.
The hourly rate to be used as a base in computing overtime shall be computed by dividing the employee’s annual salary by the normal schedule of total working hours per year and includes other add -on pays as may be required by law or by agreement of the parties.
C. FLSA CYCLES: The City has e stablished a twenty-four-day 207(k) work period for all eligible fire suppression personnel, regardless of rank, pursuant to the FLSA. Under this 24 -day FLSA work period (also referred to as 24 -day cycle), the FLSA overtime threshold is one hundred and eighty -two (182) hours actually worked in the 24-day work period. The first 24 -day work period of Fiscal Year 2023-2024 began on 7:30 A.M. on July 17, 2023, and ended twenty -four days later on August 9, 2023, and regularly recurs on this basis. 2022-2025 MOU
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7 D. COMPENSATORY TIME -OFF: An employee has the right to request overtime compensation in either cash or in the form of compensatory time -off.
Employees may accrue a maximum of 480 hours of compensatory time -off.
When an employee has reached the maximum number of accrued compensatory time-off hours, overtime compensation shall be paid in cash until the employee’s compensatory time-off bank falls below the maximum.
E. ACCUMULATED COMPENSATORY TIME -OFF AT SEPARATION: Each employee who separates from the City shall be entitled to compensation for their accumulated, unused compensatory time-off hours.
F. CALL-BACK TIME: 56-hour Battalion Chiefs who are called back to work shall be credited with a minimum of 3 hours at the overtime rate.
G. PROCEDURE GOVERNING OVERTIME: All overtime hours must be approved in advance by the Fire Chief or the Chief’s designee.
H. OVERTIME OPPORTUNITY/ACTING ASSIGNMENTS: When shift staffing levels are at the established minimum and the scheduled suppression Battalion Chief is on le ave from duty, unit members in the classification of Battalion Chief assigned to suppression activities shall have the right of first refusal for the overtime opportunity. When shift staffing levels exceed the established minimum and a Battalion Chief vacancy occurs as above, a department-approved actor may be assigned to fill the vacancy.
7. BILINGUAL PAY:
When it has been determined by the Fire Chief that it is beneficial for the department to offer bilingual services, the Department Head will submit a written request to the Human Resources Department describing the need, the specific language(s), and the name of the employee to receive a bilingual differential.
Such positions will be certified by the Human Resources Department as bilingual and the employee’s competency in the language assessed through a proficiency examination. Once certified, the employee shall receive 2% additional compensation.
8. LONGEVITY PAY:
An employee with five (5) years of service with the Richmond Fire Department shall receive an additional two (2) percent above regular salary.
Employees with ten (10) years of service shall receive an additional two-and-one- half (2.5) percent above regular salary for a total of four -and-one-half (4.5) percent. Employees with twenty -five (25) years of service with the Richmond Fire Department shall receive an additional four-and-one-half (4.5) percent above regular salary for a total of nine (9) percent.
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8 9. RESERVED FOR FUTURE USE
10. INDIRECT PAY ALLOWANCES
A.(1) TEMPORARY WORK IN A HIGHER CLASSIFICATION: The Fire Chief shall not request approval of the appointment for temporary work in a higher paid classification if the subordinate employee will have some, but less than substantially all, of the duties and responsibilities of the higher paid classification.
An employee who is properly appointed in accordance with the provisions of this section to work temporarily in a higher paid classification shall receive the proper job title and a 5% salary differential during only the period of time that the subordinate employee has all or substantially all of the duties and responsibilities of the higher paid classification. When acting as the Fire Chief, the person (excepting the Deputy Chief) in the acting capacity will receive a 10% salary differential. A Battalion Chief assigned to work as Deputy Chief shall receive 15% of their individual base salary rate per month additional. While serving as Deputy Chief, the Battalion Chief is no longer covered by this agreement except as detailed in the executive management ordinance.
(2) Should any member so assigned and working in a higher classification incur any injury or illness which involves lost time during such assignment, he or she shall revert immediately to the regular classification and shall not receive acting pay for any time not actually worked; provided, however, that a member so assigned and working who incurs an industrial injury or illness shall be paid at the rate due the higher classification for time lost during the remainde r of the period of the specific assignment only.
(3) RESTRICTIONS FOR TEMPORARY APPOINTMENTS: Generally, an employee who is relieving the Fire Chief when the employee is paid a salary commensurate with their duties, (such as the Deputy Chief) shall not be promoted temporarily to the higher paid classification in the department.
However, the City Manager in their discretion, may approve such an appointment for temporary promotion at or near the beginning of relief, provided that the City Manager is satisfi ed that these two conditions are met: (1) the absence of the employee in the higher paid classification appears to be protracted, i.e., of 30 days or more duration and for purposes other than vacation leave; (2) the replacement shall assume all or substantially all of the duties and responsibilities of the higher paid classification.
B. Uniform Allowance
Effective July 1, 2006, bargaining unit members shall receive an allowance of $800 per fiscal year. Half of this allowance shall be paid on July 1st and the remaining half paid on January 1st for the purchase and maintenance of required 2022-2025 MOU
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9 uniforms, including footwear. To qualify for either or both of the semi -annual allotments, members must be employees of record on the date of payment.
C. Personal and Professional Development
All full -time employees covered by this memorandum of understanding are eligible for reimbursement of expenses related to approved professional development activities, participation in civic clubs and organizations, or computer hardware, or computer software related to City business or career development; and physical fitness clubs or programs in an amount up to $750 per fiscal year.
No more than $250 per year may be spent on physical fitness clubs or programs.
D. Battalion Chief Working 40 Hours
Battalion Chiefs assigned to work a 40-hour week, including the Training Director, shall receive 10% of their individual base salary rate per month additional.
E. Hazardous Materials Response Team
The City shall provide Chief Offic ers who are qualified to direct Hazardous Materials operations with the same five percent (5.0%) stipend as provided to those assigned to the HazMat team.
F. EMT 135 Certification
The Fire Department paid a 1.5% incentive for advanced EMT training to all RFMA members to achieve the EMT 135 Certification. This differential was in addition to the 4.0% EMT differential previously received by employees covered by this MOU that was rolled into base salar y. On November 1, 2021 , the 1.5% EMT 135 Certification differential was rolled into the base salaries of the Battalion Chief and Fire Marshal job classifications.
G. Education Incentive
(1) An employee will receive 2.5% above regular salary for the following degrees or certifications effective the first full pay period in January 2023:
Associate of Arts Degree
Associate of Science Degree
Bachelor of Arts Degree
Bachelor of Science Degree
Company Officer Certification
Chief Officer Certification
Fire Marshal Certification
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10 Degrees must be from an accred ited community college, college, or university. An employee is only eligible to receive the incentive for one degree and/or certification. An employee possessing multiple degrees and/or certifications shall only receive a single 2.5% incentive.
Employees who become eligible in the future will receive the incentive pay prospectively.
(2) Effective the first full pay period in January 2024, the incentive for the following degrees and certification will increase from 2.5% to 5.0% of regular salary:
Bachelor of Arts Degree
Bachelor of Science Degree
Chief Officer Certification
Fire Marshal Certification
An employee will only be eligible to receive one incentive pay up to
5.0%. An employee possessing multiple degrees and/or certifications will be eligible for the most valuable incentive. For example, an employee possessing a Company Officer Certification and a Bachelor of Arts Degree will receive a 5.0% incentive. Employees who become eligible after January 1, 2024, will receive the incentive pay prospectively.
(3) The City will initiate education incentive pay described in paragraphs (1) and (2) above the first full pay period after the Human Resources Department receives an Additional Pay Form and written proof of a qualifying degree or certification.
11. HOURS
A. DUTY CYCLE: A duty cycle for Battalion Chiefs engaged in fire suppression shall consist of eight (8) twenty-four (24) hour duty shifts within a 24- consecutive day period.
B. DUTY SHIFT: A duty shift for Battalion Chiefs engaged in fire suppression shall consist of twenty -four hours commencing at 7:30 a.m., and ending at 7:30 a.m., the day following.
C. DUTY DAYS: The normal duty shift for firefighting employees engaged in fire suppression activities shall be considered to be two consecutive duty days within twenty-four hours, one of which shall be of ten hours length, beginning at 7:30 a.m., and ending at 5:30 p.m., the second of which shall be of fourteen hours length, beginning at 5:30 p.m., and ending at 7:30 a.m., of the follo wing day. This shall be in accordance with the detailed duty schedule maintained by the Fire Department.
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11 D. The normal work week for non-firefighting employees covered by this agreement shall be forty (40) hours, Monday through Friday.
E. Nothing herein shall prevent the City Council from directing the City Manager to (1) reduce the workforce, and/or (2) reduce the normal or traditional hours of work because of a shortage of work, lack of funds, or material change in duties or organization. Consistent with State law, any reductions would be subject to meet and confer with the bargaining unit to discuss its impact on the employees covered under this Agreement.
12. ATTENDANCE
A. Employees covered under this Agreement shall be in attendance at their work in accordance with the rules governing hours of work, holidays, and leaves.
The Fire Department shall keep daily attendance records of employees which shall be reported on the payrolls. Absence without leave may be cause for disciplinary action.
B. Absence without leave, for three consecutive days shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: first class mail; registered mail; and phone calls to their last known address and emergency contact person, if known. If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.
If the employee or an a uthorized representative of the employee contacts the City within 30 calendar days of the date of resignation, requesting reinstatement, the City will, on a case-by-case basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee. This provision in no way limits the discretion of the City to discipline an employee for their absence without leave.
13. LEAVES OF ABSENCE
A. The following shall be considered as normal types of leaves of absence.
Leave of Absence Without Pay Compensation Leave
Leave of Absence With Pay Vacation Leave
Sick Leave Military Leave
Family Sick Leave Parental Leave
Bereavement Leave Administrative Leave
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12 B. LEAVE OF ABSENCE WITHOUT PAY
ONE YEAR: Upon an employee's request, the City Manager shall have the authority to grant a leave of absence without pay for a period not to exceed one (1) year.
OVER THREE DAYS: No employee shall be granted a leave of absence without pay for a period in excess of three (3) days for 40-hour per week employees or three duty days (for 56-hour employees) unless:
(1) he/she makes a written request of the Department Head, stating the reason(s),
(2) the Department Head recommends it,
(3) the Director of Human Resources Management
recommends favorable action by the City Manager, and
(4) the City Manager approves it.
LESS THAN THREE DAYS: A request for a leave of absence without pay for a period of three days or less (40-hour employees), three duty days or less ( 56-hour employees) may be gr anted to an employee by the Department Head.
Failure on the part of the bargaining unit members to report promptly at the expiration of their leave may be considered as cause for disciplinary action or discharge.
C. LEAVE OF ABSENCE WITH PAY
The City Manager, upon the recommendation of the Fire Chief and the Director of Human Resources Management, shall have the authority to grant leave of absence with pay. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of more than two calendar weeks, it shall require specific City Council approval.
D. SICK LEAVE
(1) Each employee shall accrue sick leave credits at the rate of eight hours per month for 40-hour per week employees and 12 hours per month for 56-hour per week employees, per month of service beginning 30 calendar days immediately following original appointment. There shall be no limit on the number of sick leave days that an employee may accumulate.
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13 Sick leave may be used in increments of 6 minutes or more for 56 -hour employees. Forty -hour per week employees may be used in increments of four hours or more. Incremental sick leave usage for less than a four-hour period, for 40-hour employees, will not be charged to the employee's sick leave balance.
All employees in the Classified Service shall be entitled to sick leave as specified in the preceding paragraph except the following:
(a) Employees who work on an intermittent or part -time basis and who have worked less than half-time in the preceding calendar year.
(b) Employees who work on a seasonal basis or employees other than regular employees who work on a limited -term appointment, including but not limited to relieving another employee on sick leave or injury leave.
(2) FAMILY SICK LEAVE: Each eligible employee may use sick leave for illness or injury in their family. For purposes of this section, family member is defined as child, parent, spouse, or domestic partner. Such usage o f sick leave shall be within the amounts specified in this Section 13. For family sick leave to be authorized, the family member must have a disabling ailment or must reasonably need the employee's assistance in obtaining diagnostics or therapy.
(3) TYPES OF MEDICAL CARE QUALIFYING FOR SICK LEAVE: Sick leave properly may be used for the following or similar purposes: illness, disability, dental care, diagnosis, and therapy when requested or ordered by competent medical or dental authority, and family illn ess as indicated in the preceding paragraph.
(4) DOCTOR'S CERTIFICATE OF DISABILITY: A doctor's certificate of disability must be furnished on the request of the City Manager, the Department Head, or their designee. But in any event, a doctor's release to return to work shall be mandatory after seven consecutive calendar days of sick leave.
(5) PAYMENT FOR UNUSED SICK LEAVE (ANNUAL): Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty -five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Employees shall express their preference no later than January 15 each year. When an employee elects to receive payment in cash or vacation time, their sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee's credit. To be eligible for this provision, an employee must have been a full -time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.
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14 (6) PAYMENT FOR UNUSED SICK LEAVE (RETIREMENT): Any bargaining unit member who retires from City service for reasons other than disability shall be entitled to receive pay for 70% of their accumulated sick leave at the effective date of their retirement. Any sick leave hours not used for payment of unused sick leave at retirement shall be applied to CalPERS for service credit. This section shall also apply to individuals who are still covered by the City's prior Police and Firemen's retirement plan.
(7) PAYMENT FOR UNUSED SICK LEAVE (DEATH): The spouse of any employee who dies due to a work -related illness shall receive pay for 50% of the accumulated sick leave of the deceased employee.
E. Bereavement Leave
Employees working in a regu lar full time or regular part time City established position shall be eligible for the bereavement leave provisions specified below.
(1) In the case of a death within the immediate family of an eligible City employee, that employee shall have a right to leave of absence with full pay to a maximum period of four (4) consecutive workdays for 40 -hour per week employees (pro -rated for regular part time employees) and two consecutive 24 - hour work shifts (for 56 -hour per week employees) for each such death. Su ch leave must have one or more of these purposes:
making arrangements for burial services; enabling employee and family members to recover from emotional upsets; and settling property estate and similar problems.
(2) For purposes of this Article, immediate family members include husband, wife, parents, children, brothers, sisters, aunts, uncles, grandparents, grandchildren, father -in-law, mother -in-law, sister -in-law, brother-in-law, and domestic partners. Immediate family members shall also include minors living as a member of the family.
(3) One (1) day of bereavement leave is available to attend services for relatives not meeting the definition of "immediate family" as cited above.
These would include nieces, nephews, and cousins.
(4) Absence by eligible employees to attend burial services for persons other than those specified in this Article 13.E(2) and 13.E(3), shall be either as compensatory time off, in no -pay status, or as vacation in amounts needed.
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15 F. Parental Leave
(1) All natural mothers shall be granted a leave of absence without pay for a period up to four (4) months. An additional two (2) months shall be granted with appropriate medical documentation.
During this leave, the City will continue to pay the premium for her medical plan and long-term disability plan, subject to policy rules and regulations.
(2) All fathers or adoptive parents shall be granted thirty (30) days' leave without pay commencing one week prior to the birth or adoption of a child, during which time the City w ill continue to pay the premium for the employee's medical plan.
(3) All parents granted a leave of absence as described above shall receive one week's paid leave for 40-hour per week employees as part of their four (4) months leave. Fifty-six (56) hour per week employees shall receive two and a half (2 ½) twenty-four (24) hour shifts. The week's pay is payable upon the birth or adoption of the child.
G. FAMILY AND MEDICAL CARE LEAVE: Pursuant to State and Federal law, the City will provide family and medical leave for eligible employees. The following provisions set forth unit members' rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "leave" un der this section shall mean leave pursuant to the FMLA and the CFRA.
(1) Amount of Leave: Eligible members are entitled to a total of 12 workweeks of leave during any 12-month period. A member's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.
The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever a member requests leave under this provision, the City will look back over the previous 12 month period to determine how much leave has already been used under this provision and determine the balance available.
(2) Use of Other Accrued Leaves While on Leave: If a member requests leave for their own serious health condition, the member must also exhaust sick leave concurrently with the leave.
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16 Leave shall also be concurrent with the time an employee is on paid leave taken under Labor Cod e Section 4850 as described in the following section 14.
(3) While the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days ’ notice is required. In addition, if an employee knows that he or she will need leave in the future but does not know the exact date(s) (e.g. for the birth of a child), the employee shall inform their supervisor, in writing, as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute.
H. Administrative Leave
"Administrative" employees, i.e., working a forty -hour week, represented by the RFMA shall be eligible to receive five days of Administrative Leave each Fiscal Year. Administrative Leave must be used in full-day increments and may not be cashed out or carried over to the following year.
Administrative Leave will be available after six months employment for employees who have worked less than a full fiscal year. Administrative Leave will be prorated for those employees but still must be used in full day increments.
After six months employment the employee will be credited with three days Administrative Leave and will receive one additional day for each remaining three months of the fiscal year they work.
14. WORKERS’ COMPENSATION LEAVE
Any City employee, who is unable to work because of bodily injury or sickness which occurs while he/she is acting within the course and scope of their employment, shall be paid their full salary up to a maximum of 52 weeks from the date that he/she is unable to work in accordance with Labor Code Sect ion 4850, subject however, to the following conditions.
A. A return to duty or retirement with pension within said period of time shall automatically terminate the City's liability hereunder.
B. During the time the employee is receiving total temporary disability compensation payment, the City shall make payment in accordance with Labor Code Section 4850 as applicable. If after completion of disability leave, it is determined that a permanent and stationary disability exists, it shall be the City's decision to retire the employee with a 70% sick leave cash -out as final total 2022-2025 MOU
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17 settlement. Any sick leave hours not used for payment of unused sick leave at retirement shall be applied to CalPERS for service credit.
C. The termination by the City of payments under this Section shall terminate the City's liability hereunder for the payment of full salary. If, within 60 days after the termination of said total temporary disability compensation payments, an employee applies for a hearing before the Workers' Compe nsation Appeals Board (WCAB), the employee's full salary shall be paid forthwith pending decision by the WCAB, but not to exceed a total of 52 weeks from the beginning of the injury or illness.
D. In the event that it shall be determined from competent medical evidence that it is reasonably probable that an employee absent on compensation leave will not be physically or mentally able to perform the full duties of their position, the City shall terminate their right to any contribution toward their salary. Said employee shall be obligated to immediately apply for a disability pension. The employee's department head shall be responsible for the administration of the provisions hereof, and he/she shall require the employee to submit periodic medical reports and also, if necessary, require the employee to submit to such medical examinations as may be necessary to provide the City with information as to the employee's physical and mental condition. Said employee shall cooperate fully with the City. Upon the e mployee's date of disability retirement, the employee, upon approval by the City, shall be entitled to receive as final total settlement, a lump sum payment of 50% of their sick leave accumulated up to their retirement date. This option is in lieu of the PERS credit option described in Section 21.
E. During the time that an employee is disabled by reason of bodily injury or sickness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be cha rged for the purpose of paying compensation leave benefits during said period.
F. An employee absent from duty under this Section shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave.
G. In the event that an employee's injury or sickness results from the carelessness or negligence of a third party, the City of Richmond shall have the same right of subrogation for reimbursement of salary paid as does the City's compensation carrier under the Labor Code of the State of California.
H. In case a dispute arises by reason of the provisions of this Section, the City Manager shall have the right to make such investigation as he/she deems advisable, and he/she shall determine the issue.
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18 15. VACATION
A. Each regular full-time employee shall be eligible for vacation leave as described in the following sections. The purpose of annual vacation leave is to enable each eligible employee annually to return to their work mentally refreshed.
The only empl oyees who are not covered by this section are: employees who work on an intermittent basis, and who have worked less than half -time in the preceding calendar year; employees who work on a part -time basis, and who have worked less than half -time in the preceding calendar year; and employees who work on a seasonal basis, or employees, other than regular employees, who work only on a limited -term appointment, including but not limited to replacing another employee on sick leave, injury leave, or maternity leave.
B. Each employee working on a full -time basis shall accrue vacation at the rates specified below beginning with the date of original appointment. Vacation accrual shall be based on seniority. The accrual rate shall be as follows:
YEARS OF SERVICE 56 HR. EMPLOYEES
0 - 5 Years 6 Shifts
5+ - 10 Years 9 Shifts
10+ - 15 Years 10 Shifts
15+ - 25 Years 12 Shifts
26 - 27 Years 13 Shifts
28 - 29 Years 13.5 Shifts
30 Years 14 Shifts
31+ Years 15 Shifts
YEARS OF SERVICE 40 HR. EMPLOYEES
0 - 5 Years 12 days (96 hours)
5+ - 10 Years 18 days (144 hours)
10+ - 15 Years 20 days (160 hours)
15+ - 25 Years 24 days (192 hours)
26 - 27 Years 26 days (208 hours)
28 - 29 Years 27 days (216 hours)
30 Years 28 days (224 hours)
31+ Years 30 days (240 hours)
When a person is assigned on a permanent status to a 40-hour work schedule from a 56 -hour work schedule or vice versa, the accumulated balances for vacation and sick leave shall be adjusted equivalently for the specific work schedule. The purpose of the balance adjustments is to ensure that each person who moves between work schedules, maintains their equivalent sick leave and vacation balances.
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19 Vacation Reserve: No employee in the bargaining unit shall accumulate more than the equivalent of three times their annual vacation accrual. At any time during the year when three times the vacation accrual are accrued, the employee will cease earning vacation un til the employee has utilized vacation and their balance has fallen below their maximum accrual. Each time the maximum accrual is reached, the employee shall stop accruing additional vacation. There will be no exceptions or waivers of the vacation accrual limit except as identified in the paragraph below. The Department shall schedule vacation off, on or before the employee reaches their vacation accrual maximum.
An employee on 4850 leave may accrue up to one additional year of vacation accrual, for a maximum of four times their annual vacation accrual.
Upon return to work from 4850 leave, for a period of time not to exceed six months 1) the employee’s vacation accrual maximum will be four times their annual vacation accrual and 2) employee may accrue additional vacation over that cap during that six -month period of time. After that six -month period, the employee shall cease to earn additional vacation if they are above the three annual vacation periods limitation.
Throughout the first two calendar years immediately following original appointment, each new employee who is potentially eligible shall accrue vacation at the rate of one -half of one duty shift for each completed calendar month of service by each eligible employee. Commencing January 1 of the third calendar year following initial employment, such employees shall be entitled to vacation leave as is specified above.
C. Limitations on Vacation Leave and Accumulation of Vacation Leave: No employee shall take more than the equivalent of two annual vacation periods in any one calendar year, except when vacation has been deferred at the request or order of the department head and approved by the City Manager in the best interests of the City government and the employee.
Each employee working full-time in a regularly established, continuing position in the Classified Service normally must have served one year continuously in order to be eligible for vacation leave. When unusual needs exist and after proper formal approval has been obtained, an employ ee, after six months of continuous service, may be permitted to take accumulated vacation.
D. Vacation which has been deferred at the request or order of the department head and approved by the City Manager is excluded from the preceding provisions of this section. Requests for deferring vacation must be presented to the City Manager before October 30 of any calendar year.
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20 E. Generally, vacation shall be used in increments of not less than three (3) consecutive duty shifts for 56-hour per week employees. However, an employee may use vacation leave in lesser amounts when authorized to do so in writing by the Fire Chief. Such lesser amounts shall not be less than one -half shift day increments.
Forty-hour per week employees may use their vacation entitlement in no less than one half day increments. Time off for 40-hour per week employees for less than a half day period (four hours) will not be charged to the employee's vacation balance.
F. Effects of Holidays Upon Vacation Leave:(This language is applicable to non-fire suppression personnel working a 40-hour work week only). In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave and vacation leave shall be extended accordingly.
G. TIMES AT WHICH VACATION LEAVE SHALL BE TAKEN: The times at which an employee shall take their vacation leave during the calendar year shall be determined by the Fire Chief or their designee, with due regard for the wishes of the employee and particular regard for the needs of the service. However, the Fire Chief must ensure that each employee uses their vacation leave within the calendar year unless that employee requests and obtains postponement.
H. EFFECTS OF EXTENDED MILITARY LEAVE UPON VACATION LEAVE:
For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.
If an employee is granted an extended military leave, such employee shall be paid for all unused vacation.
I. VACATION AMOUNTS AT TERMINATION OF ACTIVE EMPLOYMENT.
Following termination of active employment for whatever cause, the City government shall pay to the employee or to the estate such vacation as was due to the employee at termination or shall obtain reimbursement from the employee or estate for used vacation which was in excess of vacation due to the employee at termination, by deduction from severance pay or otherwise. Payment by the City government to the employee or the est ate shall be in one payment at approximately the time of termination of active employment.
J. For the purpose of calculating sick and vacation accruals for part -time personnel, any time compensated as sick leave or vacation shall be considered as time worked. Less than full -time employees will advance to higher levels of leave accrual rates when their cumulative time worked in hours, during years that qualify for the accrual of leave benefits, equals the time required for full -time employees to advance to higher accrual rates.
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21 K. RATE AT WHICH VACATION LEAVE SHALL ACCRUE FOR OTHER THAN FULL-TIME EMPLOYEES. Each employee working on an intermittent or part-time basis and who has worked 50% or more of the annually scheduled working hours in the preceding calendar year without a termination of employment shall be entitled to a prorated vacation leave based upon their date of employment, upon the number of calendar years in which service has been rendered, and upon the actual amount of time worked in the pr eceding calendar years.
16. MILITARY LEAVE
A. Military leave shall be granted in accordance with the provisions of California State law. All employees entitled to and taking military leave shall give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken. If the employee applies to the Public Employee Retirement System for PERS credit, and is approved, the City will make the necessary contributions as if the employee had been rece iving full City paid salary while on extended active duty, for a period up to twelve months.
B. No person shall be appointed permanently to a position from which another is on military leave, provided that nothing contained in this section shall prevent an employee originally appointed to a military leave vacancy from obtaining a permanent appointment to another position in the same class in the event a vacancy shall occur through death, retirement, resignation, promotion, demotion, transfer or other action not related to military leave.
C. When an employee is called for and serves an involuntary extended duty period beyond the normal two week obligation in the military, the City will pay the difference between the employee's extended active duty pay and their base pay for a period of twelve months. This will only occur when the employee's City pay is higher than the employee's military pay.
17. LEAVE FOR JURY DUTY
A City employee ordered to jury duty during the employee's regularly scheduled work hours has a right to full pay during actual jury service. The following shall apply:
A. All City employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.
B. City employees shall properly inform the officials who control jury duty of such unusual factor in their City jobs, including workload, as the jury officials might judge to be adequate ground for deferral of or excuse from jury duty.
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22 C. Such jury leave may be based upon, but is not limited t o coroner, municipal court, county superior court and federal jury duty.
D. Employees shall pay immediately to the City Government such amounts of money as they receive as a per diem but shall be entitled to keep such mileage payment as are made to them.
E. Each Department Head must properly notify jury officials when jury service by a subordinate would seriously impair the operation of the department.
F. Each employee shall expeditiously report their probable absence for jury duty and must immediately report the termination of active jury service.
18. CERTAIN COURT APPEARANCES
A. Employees occasionally are required, by subpoena or otherwise, to be present at court proceedings in connection with their City employment. Such court appearances shall be in full duty status. Employees are entitled, through normal administrative procedures, to payment by the City government for out-of- pocket expenses.
B. Employees required, by subpoena or otherwise, to be present in court not in connection with the ir City employment shall make court appearances either in no pay status or on vacation time.
19. HEALTH BENEFITS
A. Medical Plans:
The City shall contract with the California Public Employees Retirement System (PERS) Health Benefits Program to provide medical insurance for all active employees, retirees and eligible survivors (including those in the City of Richmond Safety Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the rules promulgated by PERS. Unless prohibited by PERS or by law, the medical plan coverage described herein shall apply to persons retired.
The City shall pay $20.00 per month to PERS on behalf of each active employee participating in a health plan. In the event PERS requires a minimum employer payment in excess of $20.00 per month, the City shall pay the additional amount. The City shall pay $2.00 per month on behalf of each eligible retired employee or eligible survivor of a retired employee who subscribes with PERS for coverage. This amount on behalf of retirees or their eligible survivors shall be increased annually, at the minimum rate required by PERS.
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23 B. Active Employees Benefit Account:
In addition to the contributions listed above, the City shall establish a Benefits Account for each active employee eligible for medical coverage who has enrolled in one of the PERS medical insurance plans offered by the City. All such employees shall receive monthly contributions from the City into the ir benefit account. That amount, coupled with the $20 described in 19.A. shall not exceed the amount of premium for the Kaiser health plan. Contributions shall be made based on single coverage, one dependent, and more than one dependent costs. Should the premium for the Kaiser health plan change during the life of this contract, the City shall change the dollar amount to be paid toward this benefit by the same amount as the premium change.
Employees covered by a plan more expensive than the Kaiser heal th plan shall pay the difference between the City's contribution and their plan premium.
The City shall not treat the City contributions of $20.00 or the Employee Benefit Account as compensation subject to income tax withholding unless the Internal Revenue Service or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any Federal, State or local tax liability or penalty that may arise out of the implementation of this section.
CAFETERIA OPTION: Bargaining unit members who opt not to use the above medical insurance, and who can document to the City's satisfaction that he/she has group health insurance benefits through a spouse's plan or through another source (e.g. retired military benefits) shall receive a payment of $200 ($150 a month if not eligible for dependent health coverage) a month. This option is available upon initial employment and at the annual insurance benefits "open period." In t he event alternative coverage is lost, the City will allow immediate reinstatement to the City's health plan as described in the preceding paragraphs.
Bargaining unit members receiving payment in lieu of benefits may apply the payment towards the IRS Section 125 Flexible Benefits Plan, described in 19.I below.
C. Active Employee Medical Contribution: Employees in RFMA classifications contribute $125 per month for active employee medical benefits.
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24 D. RETIREE MEDICAL: The City will provide retiree med ical premiums for employees retiring on or after July 1, 2006 , based on the following chart, and not to exceed 100% of the Kaiser North Rate for the applicable coverage:
Years of Service Percent of Premium*
25 years or more 100%
15 through 24 years 90%
10 through 14 years 80%
*Percentage of the Kaiser North Rate for the applicable coverage for single, double, or more than two dependents.
Retirees eligible for 100% and covered by a plan more expensive than the Kaiser North Rate for the applicable coverage, shall pay the difference between the City's contribution and the plan's premium. Retirees eligible for 90% or 50%, shall pay the difference between the City's contribution and the actual premium.
Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three-party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City.
To be eligible for th e benefits of this section, the retirees must retire (1) on or after August 1, 1988, and (2) retire within 120 days of separation from the City payroll, and (3) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (4) be at least 35 years of age with a minimum of 15 years City service.
The payment for retirees set forth above shall be made monthly from the date of retirement until the retiree ceases to participate in the PERS medical program. If in the case of Medicare eligible, the retiree changes the number of dependents, the amount shall be reduced accordingly.
If a retiree qualifying for the benefits above is survived by a spouse who qualified as an annuitant (i.e. is continuing to receive a pension from the City), said surviving spouse shall receive all the benefits described above and is subject to the same administrative procedures.
Retirees shall be responsible for notifying the City of their eligibility for Medicare, or single, two party, or three-party status, within 30 days of such eligibility. If such status is not reported, the retiree shall be liable for refunding excess amounts received to the City.
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25 E. OPEB (RETIREE MEDICAL) CONTRIBUTION: Employees in RFMA classifications contribute $400 per month toward other post -employment benefits (OPEB).
F. HEPATITIS B IMMUNIZATIONS: For those classes covered by this memorandum of understanding, Hepatitis B immunizations and any follow -up treatment required to keep immunizations current will be provided at City cost.
G. Dental Plan
The City shall contribute the full premium towards group dental plan benefits for employees and dependents including two thousand dollars ($2,000) maximum for orthodontics and adult orthodontics coverage. The maximum dental benefits (except for orthodontics) is one thousand five hundred dollars ($1,500) a year for the life of this Memorandum of Understanding.
H. Vision Plan
The City shall contribute the full premium for a no deductible group vision plan providing for eye exams and new lenses every twelve months and new frames every twenty-four months.
I. FLEXIBLE BENEFITS PLAN
Upon ratification by the Association and the City of this Memorandum of Understanding, the City will establish a Flexible Benefits Plan under the provisions of IRS Section 125, subject to any changes in Federal law or regulation that may occur. The Flexible Benefits Plan will be available to all bargaining unit employees.
Employees may use their own funds on a tax free basis to participate in th e Flexible Benefits Plan. Employees eligible for the credit in lieu of medical insurance shall apply those funds toward the Flexible Benefits Plan. They may also apply their own funds towards the Plan.
Options available through the Plan are:
1. Medical Premiums
2. Dependent Care
3. Health Care Reimbursement
Any funds applied to options 1 - 3 would be tax free.
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26 20. LIFE INSURANCE AND LONG TERM DISABILITY
A. The City shall provide a group life insurance program providing for term life insurance equal to one and a half times (1 ½) the employee's annual salary, but in no case less than $25,000.
B. The City shall provide a Long Term Disability insurance program for full - time classified employees. This program shall include payment of sixty percent (60%) of an employee's monthly salary for a maximum monthly benefit of $5,000 after a 30 -day waiting period. Disability insurance payment shall extend not beyond age 65 for disabilities caused by accident, and for a period not to exceed five years for disabilities caused by illness.
21. RETIREMENT PLAN
A. Effective January 1, 2005, the City shall contribute on behalf of each employee, in classes covered by this agreement, one -half of the employee’s contribution to the Public Employees Retirement System (PERS). This Employer Paid Member Contribution (“EPMC”) shall be treated as special compensation under CalPERS “Pay and Report the Value of EPMC” provision. Employees shall be responsible for paying the remaining one -half of their contribution. The City will take appropriate steps to implement the provisions of Internal Revenue Code Section 414 (h)(2) relative to employee-paid PERS contributions.
B. Effective July 1, 2005, the City stopped its contributions to the employee’s share of CalPERS cost and stopped reporting the value of “EPMC.” Employees are responsible for paying the full amount of their required PERS contribution.
C. Members of the bargaining unit may apply for military service credit directly to PERS.
D. The Public Employees’ Pensi on Reform Act (PEPRA) calls for employees to pay at least 50% of normal pension cost (the maximum contribution that can be imposed on safety is 12%). As a result, classic employees began paying 12% on September 1, 2015. If the law is modified, repealed, and/or amended, and the City is not legally mandated to require safety members to pay 50% of normal pension cost, the City agrees that the additional 3% in pension cost that RFMA members are contributing, will be reverted to salary for all members.
22. LAYOFFS AND EFFECTS
A. Order of Layoffs
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27 established date for the layoff to become effective. In the event two or more individuals were appointed to rank on the same day, total cumulative City time shall be used to determine lay -off. If total cumulative City Time is identical, the deadlock will be broken by a coin toss. Representatives of the Asso ciation and management will conduct the toss.
No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated.
B. Bumping
Employees laid off as in "A." above, will "bump" to the next lower classification that they have held in a permanent status, provided that the amount of time the employee has served in the Fire Department exceeds the amount of time served of at least one other employee in the lower classification.
C. Severance Pay
(1) A permanent employee, engaged in fire suppression, who is laid off due to reduction in force, as outlined in the Personnel Rules, shall be entitled to severance pay in the amount of three shifts (pro -rated if part time) of unused sick leave for each year of continuous service up to a maximum of 15 shift's pay. Employees covered by this agreement and working a 40 -hour week shall be entitled to severance pay in the amount of six days (p ro-rated if part time) of unused sick leave for each year of continuous service up to a maximum of 30 days’ pay. Any such employee who is laid off and subsequently reemployed by the City shall only be entitled to receive severance pay for those workdays during which the individual was not in an employment status. Reinstatement from lay off is contingent upon the employee first repaying any severance pay he/she is not entitled to.
(2) A permanent employee who is laid off due to reduction in force shall be entitled to severance benefits as follows: three months ’ salary continuation; six months continuation of medical related insurance and life insurance.
23. RESIGNATION AND RELEASE DURING PROBATIONARY PERIOD
A. An employee wishing to leave the Classified Service in good standing shall file with their supervisor at least fourteen (14) days before leaving the service, a written resignation stating the effective date and reason(s) for resigning.
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28 If an employee fails to provide such notice and later seeks reinstatement, the employee's failure to provide notice may result in a refusal of reinstatement. The resignation shall be forwarded to the Director of Human Resources Management with a statement by the Fire Chief or designee evaluating the services of the employee.
B. During the probationary period, any newly hired probationary employee may be released at any time by the Fire Chief or designee.
24. NEPOTISM POLICY
A. For purposes of this Article, immediate family members include husband, wife, parents , children, brothers, sisters, aunts, uncles, grandparents, grandchildren, father -in-law, mother -in-law, sister -in-law, brother -in-law, and domestic partners.
B. The Fire Chief has the responsibility and discretion to address claims raised by employees concerning the effect on safety, efficiency and/or morale of members of immediate families:
(1) being in direct or indirect supervisory relations over each other, or (2) reporting to the same supervisor.
During the term of this MOU, the Fire Chief will at tempt to resolve any such issues through mechanisms such as changes in shift or assignment, without financial hardship to the employees involved.
25. PROBATIONARY PERIOD
A. The probationary period is a basic part of the employee selection process, and shall be used for: (1) close observation of the employee's work and conduct, (2) securing the most effective adjustment of a new employee to their position, and (3) rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness and development which are required.
B. All appointments made from eligible lists of permanent positions shall be tentative and subject to a probationary period. Based on the recommendation of the Fire Chief, and with the approval of the Director of Human Resources Management and the Cit y Manager, continuous temporary service prior to appointment from an appropriate eligible list may be counted as part of the probationary period provided that the temporary service was in the same class and the same position to which the probationary appointment is made. Such probationary period shall be six (6) months for employees who have been promoted from one position to another in the Fire Department. 2022-2025 MOU
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29 C. Any employee rejected during the probationary period following appointment to a higher classif ication shall be reinstated to the position from which he/she was appointed, unless charges are filed and he/she is discharged in the manner provided in Article XIII of the Charter and the Personnel Rules.
26. PROBATIONARY PERFORMANCE REPORTS
A. It shall be the duty of the Fire Chief during the probationary period of each employee in the Department to investigate thoroughly the probationer's adjustment, performance, and general acceptability to determine whether or not the probationer is fully qualified for permanent appointment. He/she shall be responsible for reports on the probationer's performance and conduct at the completion of every three calendar months during the probationary period, and within ten days of the end of the probationary period, or more frequently if deemed desirable by the Fire Chief or their designee. Such reports will be reviewed with the probationary employee by the rater. The probationary employee shall receive a copy of each report.
B. The final probationary report on each probationary employee shall include the Fire Chief's recommendation to the City Manager either to retain or reject the probationer. Such reports shall be upon forms prescribed by and submitted to the Director of Human Resources.
C. EFFECT ON LEAVES OF ABSENCE ON PROBATIONARY PERIOD:
The probationary period of a given employee shall be extended by the time equal to the time she/he has been on leave of absence, oth er than vacation, or holiday leave during this probationary period.
27. HOLIDAYS
A. Bargaining unit members working a forty-hour week shall be allowed a fully paid leave of absence (8 hours) on the following named holidays:
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
and the Friday Following
Christmas Day December 25
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
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30 When a holiday falls on Sunday, the Monday following shall be considered as a holiday. When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday.
In addition to those holidays listed above, eligible employees shall be:
1. Granted three paid "floating holidays" per calendar year which may be taken at any time during the calendar year subject to the approval of the department head. Said holiday must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year, and
2. Entitled to one additional day off without loss of pay on the last regular work day before either Christmas Day, New Year's Day or on or before another religious or cultural holiday mutually agreed to with the City. This is a once a year benefit, not to be used prior to more than one holiday.
B. Bargaining unit members working a fifty-six (56) hour week shall be paid for fifteen (15) holidays a year at a rate of twelve (12) hours per holiday. They shall receive fifty percent of their holiday pay on June 15 and fifty percent on December 15 each year. Employees who have been on paid status less than twelve months will receive pro-rated payments.
The fifteen holidays to be reimbursed for include tw elve holidays listed in section
27.A., the day before Christmas, the day before New Years, and the day after New Years.
28. DRUG AND ALCOHOL ABUSE TESTING
The Fire Management Association and the City agree to utilize the testing protocol agreed to in December 1994, in the event that a member shows evidence of being under the influence of drugs or alcohol on the job.
29. GRIEVANCE PROCEDURE
Definition of a Grievance . A grievance is a claimed violation, misapplication, or misi nterpretation of a specific provision of this agreement or of the Personnel Rules, which adversely affects the grievant except for the following: rejection from probation; performance evaluations, any exercise or lack of exercise of Management Rights (Article 3), any complaint for which another avenue of appeal exists, and any claim of violation of law including the requirement to meet and confer under the Meyers-Milias-Brown Act. (For a definition of grievances which 2022-2025 MOU
RFMA
289
31 may go to Binding Arbitration, see Bin ding Arbitration, Applicability, below.
Any other grievances may not use the Binding Arbitration step).
Union as Grievant . The Union may be the grievant only when multiple grievances of the same action(s) are made by identified unit members.
Time Limits/Designees. All days are calendar days. The employee and/or the Union must initiate a grievance as provided in Step 1 within fourteen (14) days of the occurrence of the dispute or fourteen (14) days from such time as the employee and/or the Union could ha ve been aware of the problem. At each step, the City representatives shall have fourteen (14) days to respond to the grievance except at step 3 wherein the City Manager shall have a reasonable period (not to exceed 30 days) in which to respond to the grievance. The employee and/or Union shall have fourteen (14) days from receiving notice of a rejected grievance to forward the grievance to the next higher step. These time limits may be extended by mutual written agreement by the parties. Failure of the em ployee to respond within the specified time limits, unless such are extended, shall dismiss and nullify the grievance. Failure of the City to observe such time limits, unless such are extended, shall cause the grievance to be moved to the next higher step. Wherever reference is made to "Department Head," "Human Resources Director," or "City Manager," such reference shall be deemed to include "or their designee".
Procedure:
Step 1. The employee and/or the Union must present the grievance personally, in writing, to the Department Head which states: the grievant’s name; the grievant’s position; the date the grievance is filed; a factual account of the adverse action, including but not limited to, the names of the persons involved, the location of events, and the date and time of the adverse action; the specific Memorandum of Understanding provision or Personnel Rule violated; and the proposed remedy. This step is not intended to preclude open and frank discussions between the employee and their supervisor b efore a grievance is filed; however, the time limits will not be extended during this discussion period unless both parties agree in writing. The Department Head shall meet with the grievant and give a written answer to the grievance.
Step 2. If the grievance is not resolved at Step 1, the employee and/or the Union shall submit the grievance in writing to the Director of Human Resources. The Director of Human Resources shall meet with the grievant and/or the Union and give a written answer to the grieva nce. If the grievance is rejected, the Director of Human Resources shall give the grievant and/or the Union the reasons therefore in writing.
2022-2025 MOU
RFMA
290
32 Step 3. If the grievance is not resolved at Step 2, the grievant and/or the Union may submit the grievance to the City Manager and a meeting with the City Manager may be requested with all designated parties to air the complaint. If the City Manager rejects the grievance, written notice of such rejection and the reasons therefore shall be given to the employ ee and/or the Union.
Step 4. Upon receipt of a written notice that the City Manager has rejected the grievance, the grievant and/or the Union shall have the right to present the matter to the Personnel Board under the Personnel Rule governing appeals and hearings or, where permitted, to present the matter to an arbitrator pursuant to Paragraph 12.2 of this agreement. .
Binding Arbitration
Binding arbitration is agreed to by the Union and its members with full knowledge that they are waiving t heir rights to a Personnel Board hearing as described in Personnel Rule XI, and in Article XIII Section 7(a) of the City Charter. Specifically, employees utilizing binding arbitration waive the right for a Personnel Board investigation, hearing, and recommendation to the City Manager.
Applicability. This section applies only to employees covered by this agreement as described in Attachment A. This procedure shall be applicable only in the following situations.
Disputes concerning disciplinary actions greater than five days suspension without pay, including disciplinary termination of employment, pay reductions equivalent to greater than five days’ pay, and demotions.
Disputes over the agreement concerning interpretation and/or application of specific language in grievable sections of this Memorandum of Understanding for which no other avenue of redress exists may also be grieved to arbitration . Such request for arbitration must come only from the Union. In such circumstances, an arbitrator will decide how the specific requirement, condition, or provision of the agreement will be applied.
Time Lines . A written request for arbitration shall be served on the Director of Human Resources Management within 14 calendar days after the City Manager has delivered to the employee their decision on the disciplinary matter or contract interpretation/application issue. These time lines may be waived or extended only with the mutual written consent of both parties.
If the above time limitations are not met, the gr ievant or the Union will have waived all rights to arbitration or a hearing by the Personnel Board on the proposed discipline or contract interpretation/application issue. 2022-2025 MOU
RFMA
291
33 Selection of an Arbitrator . An impartial arbitrator shall be selected jointly by the City and Union. Within fourteen (14) calendar days of the request for arbitration, the moving party will request of the California State Conciliation Service a list of five arbitrators. Each party shall in turn cross off one name on the list; the firs t party to cross off a name shall be determined by a flip of a coin. The final name left on such list shall be the arbitrator. The arbitrator shall render a decision no later than 30 days after the arbitration hearing, unless otherwise agreed upon by the parties and the arbitrator. Such decision shall be in conformance to the terms of this Memorandum of Understanding. Copies of the decision will be furnished to both parties.
Decision of the Arbitrator is binding. The decision of the arbitrator shall b e final and binding on the parties and on any affected employees covered by this agreement. Said decision shall be issued in writing and made in accordance with and in conformance to, the terms of this Memorandum of Understanding.
Fees and Expenses . The fees and expenses of the arbitrator and of a court reporter if used, shall be shared equally by the Union and the City.
Each party, however, shall bear the cost of its own attorney's fees or other presentation costs including but not limited to preparati on for the hearing and post-hearing briefs, if any.
Limitations on Arbitrator's Authority and Jurisdiction.
No arbitrator shall entertain, hear, or decide any dispute unless such dispute involves an eligible employee in this represented unit and unless such dispute falls within the section above-entitled Applicability.
Proposals to create, add to, or change this written agreement or addenda supplementary thereto shall not be arbitrable and no proposal to modify, amend, or terminate a negotiated agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred to this process. Likewise, no grievance arising out of the exercise of the Management Rights section of this Memorandum of Understanding shall be submitted to this procedure.
No arbitrator shall have the power to amend or modify a negotiated agreement or addenda supplementary thereto or to establish any new terms or conditions of employment or to make any decision in violation of existing law. The arbitra tors authority shall be limited only to the application and interpretation of the provisions of this written agreement.
S/he shall have no authority to base any decision on any past practice or custom which is inconsistent with any provision of this agreement, or to 2022-2025 MOU
RFMA
292
2022-2025 MOU
RFMA
293
01/23/2024
Department
DATE: January 23, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Proclamation recognizing February 2024 as Black History Month in Richmond
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
Tuesday, January 24, 2023
STATEMENT OF THE
ISSUE:
Observing Black History Month celebrates countless
contributions made by African Americans in all aspects of our country’s fabric, including but not limited to business, education, politics, military, science, and the arts.
RECOMMENDED ACTION:
PROCLAMATION declaring February 2024 as Black
History Month in the City of Richmond – Mayor’s Office
(Mayor Eduardo Martinez 510- 620-6503).
DISCUSSION:
In 1926, scholar and historian Carter G. Woodson and the Association for the Study of African American Life and History established Black History Week to commemorate the contributions, accomplishments, and participation of African-Americans in the AGENDA
REPORT
294
01/23/2024
development of the United States. In 1970, black educators and the Black United Students at Kent State University initiated the first Black History Month, six years ahead of its nationwide recognition during the United States Bicentennial in 1976 by President Gerald Ford. During that event, President Ford encouraged Americans to "acknowledge the often-overlooked achievements of Black Americans in all fields throughout our history."
For the year 2024, the Association for the Study of African American Life and History has chosen "African Americans and the Arts" as the theme for Black History Month.
They will host a series of virtual programs and events throughout the month to celebrate this theme. The City of Richmond pays tribute to the significant legacy of African Americans who migrated to the city to work in the shipyards, shaping its cultural, economic, and social foundations. The city also acknowledges and honors the resilience of African Americans who endured generations of racism, discrimination, and unfair working and living conditions. Richmond is committed to addressing racial inequities and institutional racism, aiming to establish a just society for the next generation. The City of Richmond encourages all its residents to join in celebrating the contributions of African Americans in the United States.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation declaring February 2024 as Black History Month in the City of Richmond
295
Mayor Eduardo Martinez
City of Richmond
01/23/2024
PROCLAMATION
Proclamation Declaring February 2024 as Black History Month in the City of Richmond
WHEREAS, the City of Richmond, California, recognizes February 2024 as Black History Month, a time to honor the rich history, culture, and contributions of African Americans; and
WHEREAS, African Americans have played a vital role in the history of Richmond, contributing significantly to its economic, cultural, and social development; and
WHEREAS, Richmond's history is deeply intertwined with the African American experience, from the migration of Black workers during World War II to work in the shipyards, significantly shaping the city's demographics and culture; and
WHEREAS, the city acknowledges the historic struggles and achievements of African Americans, including overcoming barriers of segregation and discrimination to achieve greater equality and justice; and
WHEREAS, Richmond has been home to notable African Americans, such as Betty Reid Soskin, the oldest active ranger in the National Park Service and a vital storyteller of African American wartime experiences; and
WHEREAS, the city recognizes the importance of educating its citizens about the contributions of African Americans in Richmond and across the nation, fostering a deeper understanding and appreciation of their history and achievements; and
WHEREAS, Black History Month is an opportunity for all residents of Richmond to reflect on the past and inspire future generations to make their own contributions to the city and nation;
NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, California, do hereby proclaim February 2024 as Black History Month in Richmond and encourage all citizens to participate in events and activities that celebrate and recognize the contributions of African Americans to our city and nation.
296
01/23/2024
Department
DATE: January 23, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Proclamation recognizing February 29, 2024 as Rare
Disease Day in Richmond, California
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
February 28, 2023
STATEMENT OF THE
ISSUE: The observance of Rare Disease Day on the last day of February each year provides an opportunity to raise
awareness of rare diseases, highlight the experiences of patients and their families and caregivers, and advocate for improved policies, research, and support for those
living with rare diseases.
RECOMMENDED ACTION:
PROCLAMATION recognizing February 29, 2024, as Rare
Disease Day in Richmond, California - Mayor Eduardo
Martinez (510-620-6503).
DISCUSSION:
AGENDA
REPORT
297
01/23/2024
Rare diseases affect an estimated 400 million people worldwide, with over 7,000 rare diseases identified to date, many of which are life-threatening and have no known cures.
The City of Richmond would like to shine light on this situation and its circumstances by joining municipalities across the nation in recognizing February 29, 2024, as Rare disease Day. Individuals with rare diseases often face significant challenges in receiving an accurate diagnosis, accessing appropriate treatment and care, and navigating the complexities of the healthcare system. This may also cause significant financial hardship for many individuals and families.
While the public is familiar with some rare diseases, many patients, families, and caregivers affected by lesser-known rare diseases bear the burden of funding research and raising public awareness to support the search for treatments.
Our city must better support individuals with rare diseases and disabilities, their families, their caregivers, and the organizations that work tirelessly to advance research, provide resources and services, and raise awareness of the impacts of living with rare diseases.
DOCUMENTS ATTACHED:
Attachment 1 – Proclamation declaring February 29th, 2024 as Rare Disease Day in the City of Richmond
298
Mayor Eduardo Martinez
City of Richmond
01/23/2024
PROCLAMATION
Proclamation Declaring February 29th, 2024, as Rare Disease Day in the City of Richmond
WHEREAS, rare diseases affect an estimated 400 million people worldwide, two-third of whom are children, with over 7,000 rare diseases identified to date, many of which are life-threatening and have no known cures; and
WHEREAS, individuals with rare diseases often face significant challenges in receiving an accurate diagnosis, accessing appropriate treatment and care, and navigating the complexities of the healthcare system; and
WHEREAS, our country’s for-profit healthcare system makes treatment and care for all diseases overly expensive, burdensome, and is more responsive to corporate profits than human need; and WHEREAS, people with rare diseases are even more vulnerable to the healthcare industry’s profit motive, as treatments and cures are either not economically appealing to treat or are incredibly expensive to procure; and
WHEREAS, while the public is familiar with some rare diseases, many patients, families, and caregivers affected by lesser-known rare diseases bear the burden of funding research and raising public awareness to support the search for treatments; and WHEREAS, municipalities, including Richmond, do not adequately anticipate or accommodate the daily needs of disabled people; and
WHEREAS, our city must better support individuals with rare diseases, their families, their caregivers, and the organizations that work tirelessly to advance research, provide resources and services, and raise awareness of the impact of rare diseases; and WHEREAS, thousands of residents of the City of Richmond are among those affected by rare diseases, as nearly one in 20 people in the United States have rare diseases; NOW, THEREFORE, I, Eduardo Martinez, Mayor of the City of Richmond, do hereby proclaim February 29th, 2024, as Rare Disease Day in Richmond, and call upon all residents to observe this day by learning more about rare diseases, supporting individuals, families, and caregivers affected by these conditions and advocating for increased awareness, research, and access to affordable and quality healthcare for all individuals living with rare diseases.
299
Richmond Police Department
Crime Report
Mayor Martinez, Council and Community,
The attached documents provide the statistical data related to crime for the month of December. In addition to the crime statistics, you will also find statistical information related to our use of the FLOCK camera system. This information includes the number of cases in which the License Plate Reader (LPR) cameras have assisted our department with since the implementation of the program in April.
In the attached document you will see several crime increases in the month of December.
Robberies increased by 39%, sexual offenses increased by 67% and vehicle thefts increased by 32%. Burglaries and thefts both decreased in the month of December by 23% and 15% respectively.
During the month of December, our department stayed busy with the several community events. Police department staff collaborated with the Fire Department on our annual Police and Fire toy and food giveaway. Over 500 families were provided food and toys to enhance their holiday celebrations. Additionally, we held our annual “Shop with a cop” event in which we took 55 kids from RPAL shopping at Target and Walmart. Each kid received $100 to shop with and many officers contributed their own funds to purchase additional gifts for the kids.
In addition to the December report, I want to provide an overview of 2023.
There were eight (8) homicides in the City last year. This is the lowest number of homicides in our City in over 50 years. In addition to the homicides, there were 2 vehicular manslaughter cases and one officer involved shooting. While we continue to aim for 0 homicides, eight is a significant decrease from years prior and we should celebrate our collaborative efforts that have led to the decrease in homicides.
Aside from the homicides, overall crime was up slightly compared to 2022. Violent crime was up by 8% and property crime was down by 1%. Total index crimes increased 2%.
Bisa French
Chief of Police
Richmond Police Department
300
Crime Analysis Unit
Created: 1/4/2024
Richmond Police Department
Violent Crime and Property Crime
Current – 12/1/23-12/31/23
Prior – 11/1/23-11/30/23
HOMICIDE AGGRAVATED
ASSAULT
ROBBERY SEX OFFENSES TOTAL VIOLENT
CRIME
Prior 2 92 18 6 118
Current 0 87 25 10 122
% Change -100% -5% +39% +67% +3%
Total Impounds: 284
Total Collision Calls for Service: 190
DUI related Traffic Collisions: 5
DUI Reports: 10
Side-Shows Calls for Service: 2
Total Firearms Recovered: 27
Significant Violent Crime:
Major Increase: Robbery– 25; Prior total was 18 with a 39% Increase Significant Property Crime:
Major Increase: vehicle Theft – 137; Prior total was 104 with a 32% Increase
*Crime Stats reflect the NIBRS way of reporting
BURGLARY
(Excludes Auto)
THEFT
(Inc. Auto Burg)
VEHICLE THEFT ARSON TOTAL PROPERTY
CRIME
Prior 40 147 104 2 293
Current 31 124 137 4 296
% Change -23% -15% +32% +100% +1%
301
ARRESTS WITH THEUSE OF LPR
RICHMOND POLICE DEPARTMENTAutomated License Plate Reader Statistics
VEHICLE RECOVERIESWITH USE OF LPR
Vehicle Theft/ Poss ofStolen Vehicle
66 APR-DEC 31, 2023
January 2, 2024
CASES ASSISTEDBY LPR(Identifying suspectvehicle/Location, History, etc.) 178
66 LICENSE PLATERECOVERIES WITHUSE OF LPR
15 OFFENSES ASSOCIATED WITH ARRESTS
WarrantIllegal Poss. of Firearm
Embezzle Leased/Rented VehicleReceiving StolenPropertyCarry ConcealedWeapon in Vehicle Carry Loaded FirearmCarjacking
LPR HOT LIST READS (APR-DEC 31, 2023)
Stolen Plate
Stolen Vehicle
Felony Vehicle
Total LPR Hot List Reads
Hot List Type Total Reads
25,580
1,636
231
149,510
STATISTICS (APR-DEC 31, 2023)
Driving Under theInfluence
Evade Peace Officer TheftHomicide
302
January 23, 2024
Police Department
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Bisa French, Chief of Police
Subject:
Budget Appropriation for Fiscal Year 2023-2024 Point
Molate Security Services Account
FINANCIAL IMPACT: This item is a budget re-appropriation to Fiscal Year 2024 only. There are no changes made to the contract –
account string 01917090-400218-PM902. Fiscal Year
2023 ended with $237,677.50 available, which should
have been budgeted in Fiscal Year 2024. Finance will not use the surplus on any other projects..
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
To sustain security services at Point Molate, it is
imperative to make a budget appropriation by transferring unspent funds from Fiscal Year 2022-2023 to the Fiscal
Year 2023-2024 General Fund budget. This reallocation
will provide the necessary financial resources for City staff to continue ensuring the ongoing safety and
protection of the area.
RECOMMENDED ACTION:
ADOPT a resolution appropriating $237,677.50 to the
Fiscal Year 2023-2024 budget to continue security
services provided by Universal Protection Service, LLC
d/b/a Allied Universal Security Services at Point Molate – Police Department (Chief Bisa French 510-621-1802).
AGENDA
REPORT
303
January 23, 2024
DISCUSSION:
Under the Guidiville Rancheria vs United States et al. Amended Judgment, the City is responsible for bearing the costs of securing the property until the development areas are sold to a third party. The budget appropriation to Fiscal Year 2023-2024 will allow the City to continue paying the agreed upon security contract from the original account string in the General Fund, non-departmental, security account. The security company, Universal Protection Service, LLC d/b/a Allied Universal Security Services (“Allied”), has been providing security services without interruption during the times between the transition of developers.
The Police Department has been designated to oversee and manage the contract with Allied Universal for the Point Molate location, consistent with the department’s existing role in managing the contract for services performed at the Civic Center Plaza (City Hall), Library, and Booker T. Anderson properties. The funding for the Civic Center and Library is sourced from the non-department security account string based on prior year appropriations, without any specific recommendation by Police Department staff.
The budget appropriation for the Fiscal Year 2023-2024 Point Molate services was unintentionally overlooked due to the unique project code associated with the site. It was not until setting up the purchase order that it was realized that the account string did not have an appropriated budget for Fiscal Year 2023-2024. Once realized, Police Department staff worked with Public Works staff to promptly communicate the discrepancy to Finance staff. The objective was to ensure that the funds remain outside of the fund surplus calculations to guarantee the appropriate amounts can be correctly appropriated in Fiscal Year 2023-2024 with minimal impact on surplus funding totals.
City staff believes the remaining funding of $237,677.50 will adequately cover the security services based on the original annual estimate of $230,811.46, which does not include holiday pay, overtime, or extra coverage, or special event coverage. The budget appropriate difference of $6,866.04 should cover the unplanned cost difference.
City staff recommends City Council approve this re-appropriation of funds to continue with the contract services provided by Universal Protection Service, LLC d/b/a Allied Universal Security Services through the contract end date of June 30, 2024.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
304
Reso. No. _____
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, RE-APPROPRIATING THE BUDGET FOR PT. MOLATE
SECURITY SERVICES FOR FISCAL YEAR 2023-2024
WHEREAS, the City of Richmond must maintain the Pt. Molate property; and
WHEREAS, Universal Protection Service, LLC d/b/a Allied Universal Security Services was contracted to provide security services at the location; and
WHEREAS, a budget of $588,229 was appropriated in Fiscal Year 2022-2023; and
WHEREAS, a remaining balance of $237,677.50 was unspent, and was not appropriated during the Fiscal Year 2023-2024 input window; and
WHEREAS, the funding amount of $237,677.50 must be re-appropriated to the Pt. Molate account to encumber funds for services performed in Fiscal Year 2023-2024; and
WHEREAS, the unspent budget amount was not included in the budget surplus at Fiscal Year end 2022-2023; and
WHEREAS, the contract with Universal Protection Service, LLC d/b/a Allied Universal Security Services term is January 1, 2022 through June 30, 2024; and
WHEREAS, the annual estimated costs for services is $230,811.46 before including holiday pay, overtime, or extra coverage expenses; and
WHEREAS, any budget appropriations made after the initial Fiscal Year budget approval must be approved by the City of Richmond Council; and
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond, California hereby re-appropriate funding in the amount of $237,677.50 into the approved Fiscal Year 2023-2024 General Fund non-departmental security budget for Pt. Molate.
******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW****
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on January 2330, 2024, by the following vote:
AYES: AYES:
NOES:
ABSTENTIONS:
ABSENT:
PAMELA CHRISTIAN
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
305
Reso. No. _____
EDUARDO MARTINEZ
Mayor
Approved as to form:
DAVE ALESHIRE
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
306
Public Works
December 2023
Abatement Update
January 30, 2024
307
NEIGHBORHOOD CLEAN-UPS (1)
1. Marina Bay Neighborhood Council Area
308
ILLEGAL DUMPING
231.51 Tons removed
309
ILLEGAL DUMPING
932 Locations
310
PRIVATE PROPERTY ABATEMENT (1)
1 Location
311
ILLEGAL DUMPING: MATTRESSES, TIRES AND PAINT/OIL
184 Mattresses 115 Tires 108 Gallons of Paint/Oil 312
ENCAMPMENT ABATEMENT (7)
13.56 Tons removed
313
JanFebMarAprMayJunJulAugSepOctNovDecTonnage Collected
249.87169.66210.78224.86185.09242.03213.87238.18207.01317.6261.62231.51Illegal Dumping 011.1172.0751.8460.0962.53489.1783.8353.7930.7611.57Neighborhood Clean-Ups*
21.0826.5413.1853.468.678.5410.664.434.9517.7623.8913.56Encampments 270.95207.31296.03330.16253.85313.07258.53331.7295.79389.15316.27258.71Totals 013334343211*Number of Events
314
LEAVES/LITTER ABATEMENT
315
GRAFFITI REMOVAL
166 Tags Removed
88 Locations
316
ABATEMENT STAFF HOURS
Illegal Dumping 1758
Encampment Removal 78
Graffiti Abatement 128
North Richmond Mitigation 46
Leaves/Litter Abatement 80
Private Board Ups & Clean-Ups 40
Transport/Misc.* 166
Total 2,296
December Hours
Illegal Dumping Encampment Removal
Graffiti Abatement North Richmond Mitigation
Leaves/Litter Abatement Transport/Misc*
Board Ups/Clean Ups
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal.
317
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2023
0 50
100
150
200
250
300
350
318
ILLEGAL DUMPING TOTAL COST PER MONTH – 2023*
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
January February March April May June July Au gust September October November December *Includes Labor and Equipment
319
320
2023Tonnage Collected
2,797Illegal Dumping
871Neighborhood Clean-Ups*
207Encampments
3,875Totals
28*Number of Events
2023Staff Hours
21,104Illegal Dumping
744Encampment Removal
2,496Graffiti Removal
596N. Richmond Mitigation
4,532Weeds/Litter Abatement
546Private Board/Clean Ups
1,346Transportation/Misc.
31,364Totals
Abatement Division
2023 Summary
321
Public Works
Abatement Division
2023 Summary
3,875 Total Tons Collected
31,364 Total Staff Hours
$1.35 M Total Cost
January 30, 2024
322
PARTNERSHIPS
323
January 23, 2024
Public Works
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo PE, Deputy Director of Public Works/City
Engineer
Wendy Wellbrock, PE, Senior Civil Engineer
Subject:
Contract with JPB Designs, Inc. for Construction of the Dirt World Park Site and Landscape Improvement Project
(Phase 2)
FINANCIAL IMPACT: The City has been awarded grant funding from the State of California Department of Parks and Recreation
Statewide Park Development and Community
Revitalization Program (SPP) for the Dirt World Bike Park Revitalization Project. SPP grant funding in the amount of $346,690 is available for construction for Phase 2. The Metropolitan Transportation Commission (MTC)
approved an allocation of Transportation Development
Act (TDA) Article 3 funds for the Richmond Greenway
Rehabilitation and Bicycle Safety Education Program
which includes an allocation for the Dirt World Park
Improvement Project in the amount of $40,000. The City
has appropriated $27,310 from the Gas Tax fund for the
required local match. Additional funding is also available in the General Capital Fund. This contract is fully funded by the SPP grant, TDA grant, Gas Tax, and the General
Capital Fund.
Account Strings: 106333031-400708-23029 (SPP Grant),
15436431-400645-23023 (TDA Grant), 10234431-
400645-23023 (Gas Tax), 20136031-400645-23023
(General Capital Fund)
AGENDA
REPORT
324
January 23, 2024
PREVIOUS COUNCIL
ACTION:
City Council adopted a resolution authorizing the grant application on March 2, 2021, and adopted a resolution
to accept and appropriate SPP grant funds on October
18, 2022. City Council adopted a resolution to accept and appropriate the TDA grant funds on February 16, 2021.
STATEMENT OF THE
ISSUE:
City staff is requesting approval to award a construction contract for the Dirt World Park Site and Landscape
Improvement Project (Phase 2) to JPB Designs, Inc. in
an amount not to exceed $439,000 for the Base Bid.
RECOMMENDED ACTION:
ADOPT a resolution authorizing the execution of a
construction contract in accordance with the approved
plans and specifications with JPB Designs, Inc. for the Dirt World Park Site and Landscape Improvement
Project, in an amount not to exceed $439,000; and
AUTHORIZE the Director of Public Works to approve
change orders, if necessary, for up to a 10 percent
contingency in the amount of $43,900 – Public Works
Department (Daniel Chavarria 510-620-5478/ Wendy
Wellbrock 510-307-8108).
DISCUSSION:
In December 2021, the City was awarded grant funding from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program (SPP) in the amount of $1,170,000. The grant enables the City of Richmond to renovate Dirt World Bike Park, a 2-acre park adjacent to the Richmond Greenway. The project encompasses various enhancements, including the finalization of design, engineering, and construction activities. The improvements planned for the park include renovation of the BMX bike park, the upgrade of a multi-use class I bike trail, as well as landscaping and irrigation initiatives.
The project is a result of a collaborative effort in the SPP grant application submission with the City of Richmond and American Ramp Company. Together, American Ramp Company, the City, and community members worked to create the design, budget, and timeline for the community-selected concept design for the Dirt World Bike Park Revitalization Project, which was subsequently awarded by the State.
The implementation of the project in divided into two phases. On October 18, 2022, the City Council authorized a sole-source contract with American Ramp Company for Phase 1, which includes design and construction services to improve the bike park track. Currently, Phase 1 construction is underway and anticipated to be completed by January 2024. A total of $346,690 from the SPP grant is reserved for the construction contract for the Dirt World Park Site and Landscape Improvement Project (Phase 2).
In July, 2021, the Metropolitan Transportation Commission (MTC) approved an allocation of $100,000 in Transportation Development Act (TDA) funds to the City of 325
January 23, 2024
Richmond. Within this allocation, $40,000 is reserved for rehabilitation and safety improvements of the Greenway multi-use path along Dirt World. The City has appropriated a required match in the amount of $27,310 from the Gas Tax fund, along with an additional $25,000 from the General Capital fund for construction associated with this project.
The City advertised the project for bids on October 12, 2023, and bids were opened on November 13, 2023. The City received eight (8) bids, ranging from a low base bid amount of $361,750 to a high base bid amount of $680,383. On November 16, 2023, the City received a request from the apparent low bidder, Bay Construction Co., to withdraw its bid due to an error in the computation of a bid item that made it materially different than what was intended. With concurrence of the City Attorney’s Office, City staff accepted the bid withdrawal letter.
Following a thorough review of the bid submitted by the second apparent low bidder, JPB Designs, Inc., it was determined that the bid is both responsive and responsible. As part of the services needed to implement the Project, Public Works staff is recommending that the City Council award the construction contract to JPB Designs, Inc. for the Dirt World Park Site and Landscape Improvement Project (Phase 2) in an amount not to exceed $439,000. Furthermore, it is recommended that the City Council authorize the Public Works Director to approve change orders, if necessary, for up to a 10 percent contingency amount of $43,900. This provision allows for flexibility in addressing unforeseen circumstances that may arise during the course of the project.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Bid Results
Attachment 3 – Proposed Construction Contract
326
Reso. No. xx-24
RESOLUTION NO. xx-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO JPB DESIGNS, INC., FOR THE DIRT WORLD PARK SITE AND LANDSCAPE
IMPROVEMENT PROJECT
WHEREAS, Dirt World Bike Park, a 2-acre park adjacent to the Richmond Greenway is in need of renovation; and
WHEREAS, in December, 2021, the City was awarded grant funding from the State of California Department of Parks and Recreation in the amount of $1,170,000, providing the City of Richmond grant funding for construction of the Dirt World Park Site and Landscape Improvement Project (Project); and
WHEREAS, in July, 2021, the Metropolitan Transportation Commission (MTC) approved an allocation of Transportation Development Act (TDA) funds to the City of Richmond for a total amount of $100,000. $40,000 from the TDA allocation is reserved for the portion of the Greenway multi-use path along Dirt World which is in need of rehabilitation and safety improvements, and the City has appropriated a required match in the amount of $27,310 from the Gas Tax fund; and
WHEREAS, an invitation for bids was duly advertised on October 12, 2023, bids were opened on November 13, 2023, and the City received eight (8) bids; and
WHEREAS, the City received a request from the apparent low bidder, Bay Construction Company to withdraw its bids due to an error in the computation of a bid item that made it materially different than what was intended and upon review staff accepted the bid withdrawal request; and
WHEREAS, staff reviewed the bid for the second apparent low bidder, JPB Designs, Inc., and determined the bid is responsive and responsible, and references for JPB Designs, Inc. were provided and checked out satisfactorily; and
WHEREAS, staff desires to award a construction contract to JPB Designs, Inc., for the Project in an amount not-to-exceed $439,000 for the base bid, and authorize the Public Works Director to approve change orders, if necessary, for up to a 10% contingency amount of $43,900; and
WHEREAS, grant funds from the State of California Department of Parks and Recreation Statewide Park Development and Community Revitalization Program for the Dirt World Bike Park Revitalization Project, an allocation of Transportation Development Act Article 3 funds for the Richmond Greenway Rehabilitation and Bicycle Safety Education Program, and funds from the Gas Tax and the General Capital fund are sufficient to fund the cost of construction; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the award of a construction contract to JPB Designs, Inc. as the lowest responsive and responsible bidder for the construction of the Dirt World Park Site and Landscape Improvement Project in an amount not- to-exceed $439,000.
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Reso. No. xx-24
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Public Works Director to approve change orders, if necessary, for up to a 10% contingency amount of $43,900.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
*************************
I certify that the foregoing resolution w as passed and adopted by the Council of the City of Richmond at a regular meeting thereof held January 23, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
328
13/11/2023, 14:02 PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/110725# 1/2
DIRT WORLD PARK IMPROVEMENTS PROJECT
Showing 8 Bid Results
Mark Lee & Yong Kay Inc.
4026 MARTIN LUTHER KING JR WAY
OAKLAND, California 94609
Contact: Yong Kay
Phone: 510-658-7225 ext. 3
OSB $361,750.00
JPB Designs Inc
5650 Main Ave Suite 2
Orangevale, California 95662
Contact: Artyom Ponomarenko
Phone: 916-549-6259
$439,000.00
Corcus Construction, Inc
2645 Franklin St #6
San Francisco, California 94123
Contact: Thomas Breen
Phone: 415-423-4603
$441,000.00
Kerex Engineering Inc
PO Box 23831
Pleasant Hill, California 94523
Contact: Patrick Madden
Phone: 925-387-8913
CADIR $497,500.00
B&M Builders Inc.
11330 sunrise Park Drive Ste C
Rancho Cordova, California 95742
Contact: Alyssa Murray
Phone: 916-638-8626
OSB $507,865.00
NV Construction LLC
51 Washington Avenue
Suite C
Richmond, California 94801
Contact: Henry Vila
Phone: 510-715-0870
CADIR, MBE, Local $645,358.00
Sandstone Environmental Engineering
Inc.
3140 Anderson Lane
Oakley, California 94561
Contact: Sandstone Environmental
Engineering Inc.
Phone: 510-334-7932
CADIR $676,660.00
Vendor Type Bid AmountResponsive
329
13/11/2023, 14:02 PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/110725# 2/2 W.R. Forde Associates, Inc
984 Hensley Street
Richmond, California 94801
Contact: David Voorhis
Phone: 510-215-9338
Local $680,383.00
Vendor Type Bid AmountResponsive
330
Contract 1
City of Richmond
Department of Public Works
CONTRACT
CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and JPB Designs, Inc. (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. On October 12, 2023, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of the Dirt World Park Site and Landscape Improvement Project, located south of the Richmond Greenway Trail between 20th Street and 23rd Street (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids – Contractor’s Proposal as attached, and this Agreement, constitute the “Contract Documents.”
Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
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Section 1.3 Payments.
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, 332
Contract 3
and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has 333
Contract 4
been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty 334
Contract 5
(20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days.
The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor.
Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
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(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for _______________________________ in the amount of _____________________ dated _____________ (hereinafter referred to as the "Contract").
Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _____________________________ and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner .
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(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. 337
Contract 8
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the 338
Contract 9
breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default 339
Contract 10
hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person.
Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of 340
Contract 11
the 2010 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any.
(b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.”
(c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.
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Contract 12
(c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim.
(d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.
2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by 342
Contract 13
signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason.
(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect 343
Contract 14
thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Wendy Wellbrock
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
JPB Designs, Inc.
5650 Main Avenue, Suite #2
Orangevale, CA 95662
Attn: Artyom Ponomarenko
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
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Contract 15
Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.
This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
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Contract 16
Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
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Contract 17
CONTRACTOR:
JPB Designs, Inc.
By: _________________________________
Name: _________________________________
Its: _________________________________
END OF CONTRACT
347
January 23, 2004
Public Works
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, Director of Public Works
Carl Capistrano, Facilities Maintenance Superintendent
Subject:
Contract with All Surface Painting and Decorating and
Dustless Blasting for Work on the Emergency Generator
Enclosure at 450 Civic Center Plaza
FINANCIAL IMPACT: Funding for this contract is included in the adopted Fiscal Year 2023-2024 Department of Public Works budget
(01232531-400538)
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City staff is requesting approval to contract with All
Surface Painting & Decorating & Dustless Blasting to
remove rust and delamination from the emergency
generator enclosure located at 450 Civic Center Plaza.
RECOMMENDED ACTION:
APPROVE a contract with All Surface Painting &
Decorating & Dustless Blasting, in an amount not to
exceed $12,500, to remove rust and delamination from
the emergency generator enclosure located at 450 Civic
Center Plaza, with a term beginning January 24, 2024,
through June 30, 2024 – Public Works Department
(Daniel Chavarria 510-620-5478/Carl Capistrano 510-
620-6896).
AGENDA
REPORT
348
January 23, 2004
DISCUSSION:
The emergency generator enclosure located at 450 Civic Center Plaza is visible to members of the community and City staff. The enclosure was last painted approximately 15 years ago and its exposure to the elements has created rust and delamination. Dustless bead blasting allows you to remove surface contaminants and coatings faster, while providing a clean surface with no clinging dust. City staff will paint the enclosure which will increase the life expectancy and improve the overall appearance.
A request for bids was solicited to three vendors. The bids were received as follows:
1. Pierre & Co Mobile Blasting, Oakland, CA $9,960
2. All Surface & Decorating & Dustless Blasting, Wilton, CA $12,500
3. Spray Technology, Santa Clara, CA $16,000
Pierre & Co Mobile Blasting, the lowest bidder, was disqualified because they failed to meet the City’s insurance requirements. Therefore, the Department of Public Works recommends approval of a contract with All Surface Painting & Decorating & Dustless Blasting to remove rust and delamination from the emergency generator enclosure. The contract with All Surface Painting & Decorating & Dustless Blasting is requested in an amount not to exceed $12,500, with a term beginning January 24, 2024, and ending June 30, 2024.
DOCUMENTS ATTACHED:
Attachment 1 – All Surface Painting & Decorating & Dustless Blasting Contract Attachment 2 – Canvass of Bids
349
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
350
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
351
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
352
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 353
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
354
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 355
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 356
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 357
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 358
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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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 360
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indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 361
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 362
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 363
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 365
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
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General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 367
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
368
CITY OF RICHMOND
Sanctuary City Compliance
Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12 -18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S.
Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”).
Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ______ ____ , 20__ , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020) 369
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
370
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
371
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 372
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
373
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
374
CANVASS OF BIDS
Public Works Department
Building Maintenance Division
Date:
December 19, 2023
Project: Emergency Generator Enclosure
Engineer’s
Estimate:
No of Bids
Received: 3
No. Name of Bidder (City) Total Bid Amount
1 Pierre & Co Mobile Blasting, Oakland, CA
$9,960.00
2 All Surface Painting & Decorating & Dustless Blasting, Wilton, CA
$12,500.00
3 Spray Technology, Santa Clara, CA
$16,000.00
375
Contra Costa County
Kristin B. Connelly
Clerk - Recorder - Elections
County Clerk-Recorder-Registrar
[email protected]
925.335.7899
376
ELECTIONS
Registrar of Voters
Primary Statutory Responsibilities Include:
• Conduct elections in a fair, efficient, accurate, and timely manner; • Provide services to maintain a high level of voter registration and to ensure that all eligible citizens can register to vote and are able to exercise their right to vote, according to Federal and State statutory laws and regulations; 377
CLERK-RECORDER
Primary Statutory
Responsibilities Include:
• Accurately maintain, protect, and
preserve official records and indices
relating to real property and
vital records in Contra Costa County
and provide the public with easy,
convenient, and reliable access to
public documents;
• Provide micrographic capability and
equipment to digitize, maintain, and
archive our public records.
378
CLERK -RECORDER-
ELECTIONS DEPARTMENT
• The Election Division was
selected as 1 of just 16 jurisdictions
nationwide to be a Center for Election
Excellence.
o The award is bringing nearly $2 million
in grant revenue through the end of 2024.
• Contra Costa Elections also received the
Democracy Award from the National
Association of Election Officials in 2022 for leading
the 11-county Coalition of Bay Area Elections
Officials (bayareavotes.org) for collaborating
to fight mis- and dis-information about elections
in our shared media market.
Recognized for Excellence
379
CONTRA COSTA ELECTIONS
BY THE NUMBERS
• 704,567 registered voters
o 90%-95% of ballots are cast as
Vote-By-Mail (VBM) ballots.
o These get returned split about evenly between
secure drop boxes and USPS.
• We moved to a central count model in 2022.
• We are authorized for just 32 permanent FTEs.
• By contrast, Santa Clara has only 400,000 more
registered voters and they have 90 permanent FTEs.
• The Presidential Primary on March 5, 2024, is first time in the history of California where we will mail every voter a ballot in a partisan presidential primary.
9th Largest County in California
380
RICHMOND
BY THE NUMBERS
• 58,143 registered voters (8.3% of county)
o 69 precincts serving city voters
• Partisan breakdown of registered voters:
o 66.9% Democratic Party
o 6.9% Republican Party
o 2.5% American Independent Party
o 0.7% Green Party
o 0.6% Libertarian Party
o 1.0% Peace & Freedom Party
o 20.7% No Party Preference
o 0.9% Misc.
• 93 volunteers from Richmond have committed to
help with the Presidential Primary.
• In November 2022, the highest turnout for in-person voting was at St. Callistus Church with 340 voters
on Election Day.
381
Contra Costa County Elections Division
mailed all NPP voters a postcard last month
that gave instructions on how to request a cross-
over ballot for American Independent Party, the
Democratic Party or the Libertarian Party.
Voters wanting to participate in the Republican,
Green Party or Peace & Freedom Party
Presidential Primary need to re-register with that
party by February 20,2024.
How to get back to us?
Voters can send us their No Party Preference Cross-
Over Ballot Notice and Application in person or by
mail. It can also be sent by email or fax.
• Email: [email protected]
• Fax: (925) 335-7836
382
When is the Next Election?
2024 Presidential Primary Election
E-Day -40
1/25/24
E-Day -29
2/5/24
E-Day -15
2/19/24
E-Day -4
3/1/24
E-Day
3/5/24
E-Day +7
3/12/24
Voter Information Guides mailed
Includes locations of ballot drop boxes and voting sites Ballots mailed to all voters
In-person voting begins in Martinez; drop boxes opened
Last day to register online-If haven’t received your ballot Email [email protected] or phone 925.335.7800
Five early voting sites open
Fri, Sat, Mon, and Election Day
Election Day!
Ballot postmark deadline
Drop-dead
County must receive your ballot
383
How Can You Support Elections?
• Communicate with your residents and reinforce important election information.
• For the March Primary, NPP voters need to let us know if they would like a “crossover ballot” that allows them to vote in a partisan primary.
• To participate in the Republican Primary, a resident needs to be registered with the Republican party.
• Encourage high school students to become student poll workers.
384
How Can You Support Elections?
• Be an ambassador for registering new voters year-round. • Support California High School Voter Education Weeks the last two weeks of April and September.
• In 2024, please do what you can to amplify information about the importance of voting. The CA SOS, Dr. Shirley Weber plans to highlight the 60 th anniversary of Fannie Lou Hamer’s 1964 speech “I’m so sick and tired of being sick and tired,” to help inspire Californians to vote. • Check out our Website and follow us on Social Media:
ContraCostaVote.gov
385
We’re Easy to Reach!
Follow us on:
Instagram TikTok
QR Code to our Instagram
Social Media:
Twitter – @cocoelections
YouTube – Contra Costa Clerk Recorder
Facebook – Contra Costa County Elections
Instagram – @contra_costa_elections
Tik Tok – @cc.clerkrec.elect
QR Code to our TikTok
386
California's Youth Vote
State
2014 Youth Turnout
Rate
2018 Youth Turnout
Rate
2022 Youth Turnout
Rate
Change in Youth
Turnout, 2018-2022
California 10.3% 30.3% 22.1% -8.2
Youth Voter Turnout in Recent Midterm Elections: State by State CIRCLE estimates of youth voter turnout (ages 18-29) in the past three midterm elections. Turnout is the percentage of eligible voters (whether or not they were registered) who cast a ballot.
387
Five
Steps to
Safer
Elections
from the
Committee for
Safe and Secure
Elections
388
Contra Costa County
Kristin B. Connelly
Clerk - Recorder - Elections
County Clerk-Recorder-Registrar
[email protected]
925.335.7899
389
January 23, 2024
Public Works
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE Director of Public Works
Robert Armijo, PE Deputy Public Works Director / City
Engineer
Mary Phelps, Project Manager
Subject:
Follow-up Presentation by Veolia Water North America
Staff Regarding Hydrogen Sulfide (H2S) Odors at the
Plant that were Reported on December 4-5, 2023
FINANCIAL IMPACT: Presentation – No Financial Impact to the General Fund
PREVIOUS COUNCIL
ACTION:
December 12, 2023 Council Meeting
STATEMENT OF THE
ISSUE:
The Wastewater Treatment Plant emitted Hydrogen
Sulfide (H2S) odors and Veolia did not respond to abate the odors in a timely manner. This presentation is to
explain the issues that caused the odors and Veolia’s
plans to prevent this from occurring in the future.
RECOMMENDED ACTION:
RECEIVE a follow-up Power Point 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 –
Public Works Department (Daniel Chavarria 510-620-
5478/ Robert Armijo 510-620-5477).
DISCUSSION:
The City of Richmond has been actively monitoring and addressing environmental concerns related to the Richmond Wastewater Treatment Plant (WWTP), particularly focusing on the emission of Hydrogen Sulfide (H2S) gases. As part of our ongoing AGENDA
REPORT
390
January 23, 2024
efforts to manage and mitigate these issues, Veolia, the company contracted for the operation and maintenance of the Richmond WWTP, will be presenting a follow-up report to the City Council, expanding upon the initial discussion that took place in December 2023.
To recall, on December 4, 2023, a significant event highlighted the need for increased attention to the H2S emission levels at the plant. The Hydrogen Sulfide monitors installed at the site detected H2S levels exceeding the threshold of 60 parts per billion (ppb). This incident triggered the metering system to send out email notifications to all registered individuals through the dedicated monitoring website (richmondwpcp- h2s.org). The system, designed for rigorous monitoring, checks H2S levels every five minutes and records the data in a comprehensive database. Notifications are sent not only when the levels exceed the 60 ppb threshold but also when they subsequently drop below it, ensuring continuous and transparent communication with the concerned parties.
In response to this incident and subsequent discussions, Veolia will be providing a detailed PowerPoint® presentation to the City Council. The presentation aims to shed light on the factors that led to the elevated emissions of H2S odors observed in December. More importantly, Veolia is expected to outline their proposed strategies and action plans to prevent future occurrences of similar events. This presentation is a crucial part of our collaborative approach to address and resolve environmental and health concerns associated with the WWTP.
The City of Richmond remains committed to ensuring the effective operation of its wastewater treatment facilities while minimizing any adverse impacts on the community and the environment. The follow-up report from Veolia is a step forward in our continued efforts to maintain transparency, accountability, and proactive management in addressing these critical issues.
DOCUMENTS ATTACHED:
Attachment 1 – Veolia Report
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January 23, 2023
City Council
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Soheila Bana
Subject:
Proposed Social Host Ordinance
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
One in four 11th-grade students in WCCUSD reports
having used alcohol or drugs in the past year; one in
twelve reports that alcohol or other drug use caused
them to have negative experiences.
A social host ordinance can help reduce underage
drinking and drug use by making it illegal for adults to provide an environment where underage drinking or drug
use occurs.
RECOMMENDED ACTION:
RECEIVE a presentation from Nabila Sher-Oliver,
Alcohol, Marijuana, and Prescription Drug (AMPD)
Coalition Coordinator; and PROVIDE DIRECTION to staff
regarding proposed Social Host policy, and timing for
Council consideration/recommendations –
Councilmember Soheila Bana (510-620-6743)
AGENDA
REPORT
838
January 23, 2023
DISCUSSION:
Alcohol and cannabis consumption by underage individuals can lead to various negative consequences. Excessive alcohol use among minors is associated with impaired judgment, accidents, injuries, and risky behaviors. Additionally, underage consumption of cannabis can negatively impact cognitive development and academic performance.
Both substances can contribute to long-term health issues. A Social Host Ordinance promotes the safety and well-being of Richmond youth and helps reduce the potential negative consequences of underage drinking. By discouraging adults from providing alcohol and drugs to minors and encouraging responsible gatherings, a social host ordinance fosters a safer social environment for our community.
A social host ordinance presents a valuable solution to mitigate the adverse effects of alcohol and cannabis misuse, particularly in social gatherings. By holding adult hosts accountable for permitting alcohol or drug use by minors on their premises, a social host ordinance is a deterrent, discouraging underage substance use. Moreover, an ordinance can encourage responsible behavior among hosts as they become more conscious of the potential legal and community consequences of their actions. As a result, social host ordinances enhance the safety of gatherings, reduce the burden on healthcare and law enforcement systems, and ultimately contribute to the development of a healthier, safer, and more responsible community for all residents, especially the youth.
DOCUMENTS ATTACHED:
Attachment 1 – Power point presentation
839
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January 23, 2024
City Council
DATE: January 23, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Soheila Bana
Subject:
Presentation from the East Bay Rescue Mission on
Programming and building improvements at the Bay Area
Rescue Mission
FINANCIAL IMPACT: There is no fiscal impact related to this informational presentation.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The East Bay Rescue Mission would like to provide an
update to the City Council on their programming, status of the building and future activities.
RECOMMENDED ACTION:
RECEIVE a presentation from Bay Area Rescue Mission
on programming and the remodeling of the Richmond
Campus at 200 Macdonald Avenue – Councilmember
Soheila Bana (510-620-6743).
DISCUSSION:
Bram Begonia, CEO/President, and Sherwin Harris, of the Bay Area Rescue Mission will provide a general presentation on their history, programming, and how they AGENDA
REPORT
856
January 23, 2024
currently serve the Richmond community with their services and programs at 200 Macdonald Avenue.
After decades of serving the community, the East Bay Rescue Mission is working to remodel the building. They are working with an architect and are in preliminary discussions with the Richmond City Planning Department about future building improvements.
DOCUMENTS ATTACHED:
Attachment 1 – Presentation
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