Agenda — Richmond City Council, February 6, 2024 (part 1 of 4)

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, February 6, 2024, 4:30 p.m.

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

Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Councilmember District 5
Claudia Jimenez, Vice Mayor, District 6
Jaycine Scott, Housing Authority Tenant Commissioner
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Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

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

B. ROLL CALL
C. CLOSED SESSION
C.1 LIABILITY CLAIMS (Government Code Section 54956.9)
Claimant: Janet Brandi-Routt
Agency claimed against: City of Richmond
•
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Bryant v. City of Richmond, et al.,•
Martinez v. City of Richmond, et al.•
Winehaven v. City of Richmond•
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
Hanlees Hilltop Buick et al. v. City of Richmond •
Riggers Loft Wine Company v. City of Richmond et al. • C.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
City Designated Representative: Heather McLaughlin
Unrepresented employee: City Manager
•
Agency Representatives: Sharrone Taylor and Jack Hughes• Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
5 D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 6 F. REGULAR MEETING OF THE RICHMOND HOUSING AUTHORITY
6:25 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. REPORT FROM THE EXECUTIVE DIRECTOR
K. AGENDA REVIEW
L. HOUSING AUTHORITY OPEN FORUM
M. HOUSING AUTHORITY CONSENT CALENDAR
M.1 Housing Authority Meeting Minutes 12
APPROVE the minutes of the November 7, 2023, regular meeting and the December 19, 2023, special meeting of the Richmond Housing Authority - City Clerk's Office (Pamela Christian 510-620-6513).

M.2 Express Professionals Contract Amendment #4 16
ADOPT a resolution authorizing a fourth contract amendment with Express Professionals for as-needed staffing services to support unit turnover activities at Nystrom Village in an amount of $300,000, for a new total not to exceed amount of $750,000 – Richmond Housing Authority (Gabino Arredondo 510- 621-1300).

N. ADJOURNMENT
_______________________________________________________ 7 O. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

P. ROLL CALL
Q. STATEMENT OF CONFLICT OF INTEREST
R. AGENDA REVIEW
S. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
T. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) T.1 NEW EMPLOYEE REPORT - 1st Tuesday
U. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
V. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
V.1 Proclamation Honoring former Richmond Mayor Irma L. Anderson 78 PROCLAMATION Honoring the life and legacy of former Richmond Mayor Irma L. Anderson - Mayor's Office (Mayor Eduardo Martinez 510-620-6503).

W. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
X. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
X.1 City Attorney's Office
X.1.a Legal Services Agreement with Bertrand Fox Elliot Osman & Wenzel 80 APPROVE a legal services agreement (LSA) with Bertrand Fox Elliot Osman & Wenzel in the amount of $100,000, for City Attorney services, with a term from February 6, 2024, to June 30, 2026 – City Attorney’s Office (Dave Aleshire 510-620-6509).

X.2 City Clerk's Office
X.2.a City Council Meeting Minutes 105
APPROVE the minutes of the December 19, 2023, and January 16, 2024, Regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).
8 X.3 City Council
X.3.a Supporting the right of members of the public to offer aid to animals in distress and opposing any legal penalties for such actions. 127
ADOPT a resolution that encourages the Sonoma District Attorney to dismiss such prosecution and exercise leniency, of non-violent activists who were investigating and attempting to expose the abuses of animals in commercial animal operations – Councilmember Soheila Bana (510-672-3490).

X.4 City Manager's Office
X.4.a City of Richmond Hosted Celebration of Life Event for Former Mayor Irma Anderson in Conjunction with Black History Month
132
APPROVE the waiver of fees associated with the use of the Richmond Auditorium in the month of February 2024 to host a celebration honoring the life of Former Mayor Irma Anderson; AUTHORIZE City staff to support the planning and hosting of the historical acknowledgement; and APPROVE the use of City funds to support the public event during Black History Month, in an amount not to exceed approximately $12,000 – City Manager’s Office (Shasa Curl 510-620-6512).

X.5 Community Development
X.5.a Contract Amendment No. 1 with CSW/ST2 for Miraflores Project 137 APPROVE Contract Amendment No. 1 with CSW/ST2 to increase the contract by $98,406, for a total not-to-exceed amount of $315,729, for a term ending December 31, 2025, for professional design services for the interpretative signage at the Miraflores Sustainable Greenbelt, preparation of construction plans and bid documents for the rehabilitation of certain historic resources, and multi-year monitoring related to Baxter Creek at Miraflores – Community Development Department (Lina Velasco 510-620-6841).

X.6 Finance Department
X.6.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of November 2023
257
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of November 2023 – Finance Department (Andrea Miller 510-620-6740).
9 X.7 Human Resources
X.7.a Amend Staffing (Position Control) and Appropriate Funds as Required
273
ADOPT a resolution to amend staffing (position control) for the Community Development-Planning, Human Resources, City
Attorney, Economic Development, and Finance Departments; and APPROPRIATE associated salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).

X.8 Library and Community Services
X.8.a Appropriate $400,000 in Environmental and Community Investment Agreement Funds to Support the Purchase of an Electric Bookmobile 279
ADOPT a resolution to appropriate $400,000 in Environmental and Community Investment Agreement Funds from the transportation category for construction of an electric bookmobile and installation of associated charging equipment – Community Services Department (Kate Eppler 510-620-5452/LaShonda White 510-620-6828).

X.9 Mayor's Office
X.9.a Appointment to the Environmental and Community Investment Agreement (ECIA) Transportation Oversight Committee
316
APPOINT Richard T. Johnson to a vacant seat on the Environmental and Community Investment Agreement (ECIA) Transportation Oversight Committee, Term Expires July 25, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

X.10 Public Works
X.10.a Citywide Installation of Street Sweeping Signs 318 APPROPRIATE $550,000 from the General Fund (Fund0001) to the General Capital Fund (Fund2001) for the effort to install street sweeping signs equitably throughout all City neighborhoods – Public Works Department (Daniel Chavarria/Tawfic Halaby 510-620-5482).

Y. NEW BUSINESS
Y.1 Ordinance Amending the Monthly Salary for the Mayor and City Councilmembers.
324
INTRODUCE an ordinance (first reading) amending the monthly salary for the Mayor and City Council members – City Attorney’s Office (Shannon Moore/Kimberly Chin 510-620-6509).

Y.2 City of Richmond Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023
339
RECEIVE a report on the City’s Annual Comprehensive Financial Report (ACFR) for Fiscal Year ended June 30, 2023 – Finance Department (Andrea Miller/Mubeen Qader/Jerry Chak 510-620-6740).
10 Y.3 Raftelis Workforce Analysis Update 654
RECEIVE a presentation from Raftelis regarding an update on the Workforce Analysis – Human Resources Department (Nickie Mastay/Sharrone Taylor 510- 620-6606).

Y.4 Overview of the City’s Roadway Pavement Condition 655 RECEIVE a report on the status of the City’s roadway pavement condition; and DIRECT staff to utilize the StreetSaver® pavement management system to optimize the use of paving funds for the upcoming Fiscal Year 2024-25 – Public Works Department (Daniel Chavarria 510-620-5478/Tawfic Halaby 510-620- 5482).

Z. ADJOURNMENT
________________________
11 rha7Nov2023 – sl

Page 1 of 2 ends

RICHMOND, CALIFORNIA, November 7, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

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

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

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

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

K. AGENDA REVIEW
None.

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

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

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

Absent (2): Commissioner Jimenez and Commissioner Willis.

Passed (6 to 2)

12 rha7Nov2023 – sl

Page 2 of 2 ends

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

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

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

Adopted Resolution No. 2192
N. ADJOURNMENT
There being no further business, the meeting adjourned at 6:48 p.m. 13 Rha19Dec2023 – ud

Page 1 of 2 ends

RICHMOND, CALIFORNIA, December 19, 2023

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

The Special Housing Authority meeting was called to order at 6:24 p.m. by Chair Eduardo Martinez.

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

H. ROLL CALL

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

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Executive Director Gabino Arredondo reported that the Richmond Housing Authority Holiday Closure would be from December 26th through December 29, 2024.

Maintenance staff would be on standby duty.

K. AGENDA REVIEW
None.

L. HOUSING AUTHORITY PUBLIC HEARINGS
L.1 United States Department of Housing and Urban Development (HUD) Housing Authority Annual Plan
HOLD a public hearing; ADOPT a resolution approving the Richmond Housing Authority (RHA) Annual Plan; and AUTHORIZE submission of the proposed Annual Plan to the US Department of Housing and Urban Development (HUD) - Richmond Housing Authority (Gabino Arredondo 510-620-6606).

Interim Executive Director Gabino Arredondo presented a PowerPoint which highlighted main activities and community feedback. Discussion ensued. Chair Martinez opened the public hearing. There were no public speakers. Chair Martinez closed the public hearing.

A motion by Commissioner Bana, seconded by Commissioner Zepeda, adopted Resolution No. 2193, by the following vote: Ayes: Commissioners Bana, Jimenez, Robinson, Willis, Zepeda, and Chair Martinez. Noes: None. Absent:

Commissioner Scott and Vice Chair McLaughlin. Abstain: None.

14 Rha19Dec2023 – ud

Page 2 of 2 ends

M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:31 p.m.

Clerk of the City of Richmond Chair

Page 1 of 2 ends

February 6, 2024

Housing Authority

Economic Development

DATE: February 6, 2024
TO: Chair Martinez and Members of the Richmond Housing
Authority Board of Commissioners
FROM:

Nannette Beacham, Director of Economic Development
Gabino Arredondo, RHA Interim Executive Director

Subject: Express Professionals Contract Amendment #4
FINANCIAL IMPACT: Funding for these services is pursuant to the U.S.

Housing and Urban Development annual allocation of
Operating Subsidy and Capital Fund and rent from Public Housing residents (Nystrom Village $150,000 FY 2023-
24, 42141191-400536, 44545191-400214; $150,000 FY
2024-25, 42141191-400536, 44545191-400214).

PREVIOUS COUNCIL
ACTION:

July 16, 2019, May 5, 2020, and June 15, 2021

STATEMENT OF THE
ISSUE:

City staff is requesting the approval of a contract
amendment with Express Professionals to continue unit
turnover activities at Nystrom Village. The ability to
immediately begin the process to prepare a unit for a new participant furthers Richmond Housing Authority’s (RHA) goals to continue to provide affordable housing units and support revenue opportunities through rents and
operating subsidy.

AGENDA
REPORT
16

Page 2 of 2 ends

February 6, 2024
RECOMMENDED ACTION:

ADOPT a resolution authorizing a fourth contract
amendment with Express Professionals for as-needed
staffing services to support unit turnover activities at Nystrom Village in an amount of $300,000, for a new total not to exceed amount of $750,000 – Richmond Housing
Authority (Gabino Arredondo 510-621-1300).

DISCUSSION:

The Richmond Housing Authority (RHA) continues to require temporary staffing support services for unit turnover activities at Nystrom Village. The requested contract amendment will allow the RHA to continue to respond to these needs in an efficient manner. The ability to begin the process to prepare a unit for a new participant furthers RHA’s goals to continue to provide affordable housing units and increase the occupancy of Nystrom Village.

RHA has been satisfied with Express Professionals’ work. Express Professionals was chosen through a competitive process. On April 10, 2019, the Housing Authority issued a Request for Proposals (RFP) for as-needed Temporary Staffing Services. The RFP was posted on the City's Bids Online System where 187 prospective vendors were notified. On April 29, 2019, eight proposals were received and a panel consisting of the RHA Director and representatives from the City of Richmond Human Resources Department and the City Manager’s Office reviewed the proposals. Express Professionals was chosen as a highly-qualified vendor through the RFP process, meeting the selection criteria and being assessed as fully capable of fulfilling the scope of work.

The initial contract approval occurred on July 16, 2019, for the amount of $150,000 and was scheduled to expire on June 25, 2020. The first contract amendment, approved on May 5, 2020, increased the contract amount to $300,000 and extended the termination date to June 30, 2021. The second amendment, approved on June 15, 2021, increased the contract amount to $450,000 and extended the termination date to June 30, 2023.

The third amendment extended the term through June 30, 2025. The proposed fourth amendment will increase the contract by $300,000 for a new total contract amount not to exceed $750,000.

DOCUMENTS ATTACHED:

Attachment 1 - Resolution
Attachment 2 - Contract Amendment 4
Attachment 3 - Original Contract and Amendments 1- 3

17 RESOLUTION NO. ______

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HOUSING

AUTHORITY OF THE CITY OF RICHMOND AUTHORIZING A CONTRACT AMENDMENT WITH EXPRESS PROFESSIONALS IN THE AMOUNT OF $300,000 FOR A NOT-TO-EXCEED AMOUNT OF $750,000
___________________________________________________________________________ WHEREAS, RHA owns and manages 100 units of rental housing; and WHEREAS, RHA entered into a Public Housing Authority Recovery and Sustainability (PHARS) agreement with the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, RHA remains obligated and committed to performing all HUD required functions, and providing quality service to local program participants; and WHEREAS, it is anticipated that the Housing Authority will continue to require the use of temporary staffing services to support unit turnover activities at Nevin Plaza and Nystrom Village; and
WHEREAS, the temporary staffing contract amendment will support RHA in the area of maintenance and property management.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE

HOUSING AUTHORITY OF THE CITY OF RICHMOND, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA THAT the Executive Director is authorized to enter into a contract amendment with Express Professionals for as-needed staffing services in an amount of $300,000, for a new total not to exceed amount of $750,000. *****************
18 I certify that the foregoing resolution was passed and adopted by the Richmond Housing Authority Board of Commissioners held on February, 6, 2024 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
______________________________
Chairperson

ATTEST:
_________________________
Secretary

Approved as to form:
__________________________
Attorney

19 RICHMOND HOUSING AUTHORITY

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Contractor Name: Express Employment Professionals
Street Address: 2970 Hilltop Mall Rd Ste 102
City, State, Zip Code: Richmond, CA 94806
Contact Person: Maria Ochoa
Telephone: (5I0) 662-5100 Email:

Business License No: 40051375 / Expiration Date: 12/31/2023

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

2. Purpose. This Contract Amendment is being entered into to amend the Contract between Authority and Contractor which was approved by the Board of Commissioners of the Housing Authority of the City of Richmond or executed by the Authority’s Executive Director on June 25, 2019. Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.

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

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

Department: Richmond Housing Authority Project Manager: Gabino Arredondo Project Manager E-mail: [email protected] Project Manager Phone No. (510) 621-1300 P.R. Contract/P.O. No. 4806
Description of Services : Temporary Staffing Services for Richmond Housing Authority Amendment No. 4 modifies the:
 Term and Payment Limit X Payment Limit  Term  Service Plan 20 Contract Amendment between the Housing
Authority of the City of Richmond and

Amendment No. 4 Contract No. 4806
c:\Authority contract amendment form\EJ (6/17/2015)

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

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

THE HOUSING AUTHORITY FOR THE

CITY OF RICHMOND, CALIFORNIA

By ______________________________

Title: ____________________________

List of Attachments:

1. Amendment Provisions

CONTRACTOR:
______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a
corporation or nonprofit organization, this
Contract (1) should be signed by the
Chairperson of the Board, President or
Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary; (2)
should have both signatures conform to
designated representative groups pursuant
to Corporations Code Section 313; and (3)
should be accompanied by completed
notary acknowledgment forms)
(Complete the notary acknowledgments
attached hereto)

21 Contract Amendment between the Housing
Authority of the City of Richmond and

Amendment No. 4 Contract No. 4806
c:\Authority contract amendment form\EJ (6/17/2015)

AMENDMENT PROVISIONS (PAYMENT LIMIT)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 300,000 . Paragraph 3 of the Original Contract is amended to read as follows:

3. Payment Limit. Authority’s total payments to Contractor under this Contract shall not exceed $ 750,000 ."

The Authority shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the Authority’s Executive Director if the total Contract amount does not exceed $10,000 or without the prior approval of the Board of Commissioners if the total Contract amount is over $10,000.

22 RICHMOND HOUSING AUTHORITY

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

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

Contractor Name: Express Employment Professionals
Street Address: 2970 Hilltop Mall Rd Ste 102
City, State, Zip Code: Richmond, CA 94806
Contact Person: Tracey Dempsey
Telephone: (5I0) 662-5100 Email: [email protected]

Business License No: 40051375 / Expiration Date: 12/31/2023

Department: Richmond Housing Authority Project Manager: Gabino Arredondo Project Manager E-mail: [email protected] Project Manager Phone No. (510) 620-6606 P.R. Contract/P.O. No. 4806
Description of Services: Temporary Staffing Services for Richmond Housing Authority Amendment No. 2 modifies the:
 Term and Payment Limit  Payment Limit X Term  Service Plan 23 24
Contract Amendment between the Housing
Authority of the City of Richmond and

Amendment No. 3 Contract No. 4806
c:\Authority contract amendment form\EJ (6/17/2015)

AMENDMENT PROVISIONS (TERM)

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

"2. Term. The effective date of this Contract is 06/25/19 and it terminates 06/30/2025 unless sooner terminated as provided herein."

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77 WHEREAS, the City of Richmond, California, honors and commemorates the life and legacy of former Mayor Irma L. Anderson, a distinguished public servant, dedicated healthcare professional, and a trailblazing leader in our community; and

WHEREAS, Irma L. Anderson, born and raised in Boston, Massachusetts, demonstrated early in life an exceptional commitment to academic excellence and leadership, becoming valedictorian and student body president in high school, and continuing her education at the esteemed Cornell University School of Nursing as the second Black student to graduate from the respected institution; and

WHEREAS, her move to Richmond, California in 1959 with her late husband, Reverend Booker T.

Anderson Jr., marked the beginning of a profound and lasting impact on the community she chose to call home, nurturing a family deeply rooted in educational, integrity, and professional excellence; and

WHEREAS, Irma L. Anderson's career in public health was marked by groundbreaking achievements, including her roles as the first Black Assistant Director and the first Director of Public Health Nursing in Contra Costa County, and her significant contributions to national and local health organizations; and

WHEREAS, in 1992, upon retiring as Director of Public Health Nursing, Irma L. Anderson embarked on a distinguished political career, starting as the first Black female City Councilmember in Richmond, receiving unprecedented support and re-election due to her commitment to the community; and

WHEREAS, in 2001, Irma L. Anderson achieved another historic milestone by becoming the first African American woman Mayor of Richmond, California, where she was instrumental in fostering community partnerships, securing funding for vital programs, and advocating tirelessly for the well- being of Richmond’s residents; and

WHEREAS, Mayor Anderson's numerous roles in local and national governance, including her service on the Metropolitan Transportation Committee, Contra Costa Transportation Authority, and as Chair of the United States Conference of Mayors Children, Health, and Human Services Committee, reflected her unwavering dedication to public service and her visionary leadership; and

WHEREAS, Mayor Irma L. Anderson was beloved by many and respected by all that knew her or were impacted by her presence and actions; and,

Proclamation Honoring the life and legacy of
Richmond Mayor Irma L. Anderson RN, MPH, BSN
1931-2024

78 WHEREAS, Mayor Irma L. Anderson was at the forefront of ushering in improved policies through her elected office, her membership on local, regional and state boards, as well as her commitment to several community groups throughout the years; and

WHEREAS, the City of Richmond recognizes Mayor Irma L. Anderson's unparalleled commitment to public health, education, and the betterment of her community, leaving a legacy that will continue to inspire and guide us.

NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Eduardo Martinez, on behalf of the City of Richmond and the Richmond City Council, do hereby proclaim February 16t, h 2024, as a day to celebrate and remember the remarkable life and contributions of Mayor Irma L. Anderson, and to honor her memory as a beacon of leadership, compassion, and dedication to the City of Richmond and its residents.

______________________________
Mayor Eduardo Martinez
City of Richmond
February 6, 2024
______________________________
Cesar Zepeda
District 2 Councilmember
City of Richmond
______________________________
Melvin Willis
District 1 Councilmember
City of Richmond
______________________________
Doria Robinson
District 3 Councilmember
City of Richmond
______________________________
Soheila Bana
District 4 Councilmember
City of Richmond
______________________________
Gayle McLaughlin
District 5 Councilmember
City of Richmond
______________________________
Vice Mayor Claudia Jimenez
District 6 Councilmember
City of Richmond
79

Page 1 of 2 ends

February 6, 2024

City Attorney's Office

DATE: February 6, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney
Subject:

Legal Services Agreement with Bertrand Fox Elliot
Osman & Wenzel
FINANCIAL IMPACT: This agreement is funded in the City Attorney’s Office budget account string 01151014-400206.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City Attorney is requesting that the City Council
approve a legal services agreement with Bertrand Fox
Elliot Osman & Wenzel so the attorney who was formerly
with Aleshire & Wynder can continue defending the City
in Winehaven Legacy LLC v. City of Richmond and other
related matters.

RECOMMENDED ACTION:

APPROVE a legal services agreement (LSA) with
Bertrand Fox Elliot Osman & Wenzel in the amount of
$100,000, for City Attorney services, with a term from
February 6, 2024, to June 30, 2026 – City Attorney’s
Office (Dave Aleshire 510-620-6509).

DISCUSSION:

John Salcedo was the lead associate with Aleshire & Wynder and an attorney defending the City in Winehaven Legacy LLC v. City of Richmond. Mr. Salcedo AGENDA
REPORT
80

Page 2 of 2 ends

February 6, 2024

recently lateralled to the law firm of Bertrand Fox Elliot Osman & Wenzel. The City Attorney is recommending that Mr. Salcedo stay on as the lead associate at the rate of $285 per hour given his history with the litigation and the additional expense of getting another attorney up-to-speed. The City Attorney is requesting that Mr.

Salcedo associate in as co-defense counsel along with Aleshire & Wynder and Nevers Palazzo, Packard, Wildermuth & Wynner, PC.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement with Bertrand Fox Elliot Osman & Wenzel (proposed)

81 1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

BERTRAND FOX ELLIOT OSMAN & WENZEL

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 6th day of February 2024 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and BERTRAND FOX ELLIOT OSMAN & WENZEL comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 2749 HYDE STREET, SAN FRANCISCO CA 94109. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

A. City desires to secure professional services more fully described in this Agreement; and,

B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

A. City hereby confirms, retains and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.

B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement. 82 2

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

[See “Scope of Work” in Exhibit A].

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2026, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

It is contemplated that no other attorney will be assigned from Special Counsel other than JOHN SALCEDO. It is agreed by and between the Parties that should it be desirable for any attorney other than JOHN SALCEDO to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.

5. PUBLIC FUNDING.

Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.

6. PAYMENT FOR SERVICE.

In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.

Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.

Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.

83 3

7. BILLING INVOICES.

Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to [email protected].

8. PROJECT PLAN AND BUDGET AND RESERVES.

Special Counsel shall provide a project plan and budget for any project or case assigned to Special Counsel under this Agreement. Project plans and budgets shall conform to the guidelines set forth in Exhibit C (Project Plan and Budget) and Exhibit D (Mandatory Case Reporting Policy), when the case is reportable to the City’s excess insurance carrier, California Joint Powers Risk Management Authority (CJPRMA). If the case is reportable to CJPRMA, Special Counsel shall provide an initial report notifying them of the claim or lawsuit within 30 days of receipt of the assignment and the estimated exposure. The City Attorney and Risk Manager shall be copied on all correspondence sent to CJPRMA.

9. LITIGATION GUIDELINES.

When litigation is included in the scope of work, litigation guidelines as specified in Exhibit E are to be followed.

10. BILLING.

Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to 84 4
the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.

12. TERMINATION.

Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.

13. CONFLICTS OF INTEREST.

A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function or responsibility in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement.

B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

City and Special Counsel bind themselves, their partners, successors, assigns, executors and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is 85 5
paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.

Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.

16. NON-DISCRIMINATION.

A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Said Section 2.28.030 is, by this reference, a part of this Agreement.

B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or simil ar provisions of federal law or executive order in the perfor mance of this Agreement, it will be in default of thi s Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.

17. HOLD HARMLESS/INDEMNIFICATION.

Special Counsel agrees to inde mnify, hold harmless, release and defend to the m aximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, er rors or omissions (inc luding, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any p erson or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).

18. INSURANCE REQUIREMENTS.
86 6

Special Counsel shall maintain in full force and effect the following insurance policies:

A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.

Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement and incorporated by this reference.

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney.

20. AMENDMENTS.

This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.

21. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.

Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], 87 7
[email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.

Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.

23. LAW GOVERNING AGREEMENT.

This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.

24. INVALID PROVISIONS.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby.

25. LICENSE REQUIREMENTS.

Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required.

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.

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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

BERTRAND FOX ELLIOT OSMAN &
WENZEL

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor/ City Manager

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

89 9

ATTEST:

__________________________
City Clerk
90 Exhibit A

10 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall associate in as co-defense counsel with Aleshire & Wydner, LLP to defend the City in the lawsuit captioned Winehaven Legacy LLC v. City of Richmond, et al., and other related matters.

City of Richmond Contact Attorney: Dave Aleshire, City Attorney

Schedule of Fees & Charges:

Hourly Rates

JOHN SALCEDO--ASSOCIATE $285/hour

COMPENSATION

Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One-Hundred Thousand Dollars ($100,000) for attorneys’ fees and reimbursements. 91 Exhibit B

11 BILLING PROTOCOLS/GUIDELINES

The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.

These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.

Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.

I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).

92 Exhibit B

12 II. BILLING GUIDELINES

a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.

When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
93 Exhibit B

13 j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. 94 Exhibit B

14 b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For exam ple, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 95 Exhibit C

15 PROJECT PLAN AND BUDGET

Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
 Anticipated total costs;
 The primary issues;
 The probability of success; and
 A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
 Pre-commencement (legal and factual research for the complaint or answer);  Pleadings;
 Preliminary motions;
 Initial discovery;
 Factual investigation of merits (interviewing clients, employees and third parties);
 Review and abstract City's documents;
 Expert (non-medical) investigation and reports;
 Medical experts and examinations;
 Legal research on merits;
 More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
 Settlement negotiations;
 Trial preparation; and
 Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
96 Exhibit C

16 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 97 Exhibit D

17 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

The Authority shall be entitled to complete access to the covered part y’s claim file, the defense attorney’s complete file, and all investigation material and reports, includi ng all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all corresp ondence provided to the covered party by its defense attorneys and/or its agents.

In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the memb er agency. CJPRMA understands t hat the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liabi lity; any requests for additional investigation; a brief outline of the discovery planned; and an evaluat ion of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on w hich a court establishes such date.
4) Defense counsel is res ponsible to report, in writing, all settlement demands or offe rs within one week of the time the offer is made or the demand is received. 98 Exhibit D

18 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This nee d not be a multi -page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary o f injuries sustained and/or claims, (4) an a ssessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

This policy is designed to protect the member entit y and CJPRMA, so that they can make informed litigation decisions on repo rted cases. Past experience has shown that d efense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.

99 Exhibit E

19 LITIGATION GUIDELINES

The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.

Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.

100
Exhibit F

20 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.

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)
101
Exhibit G
21 City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
102
Exhibit G
22 City of Richmond - Insurance Requirements - Type 2:

Professional Services

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

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

PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million

REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 103
Exhibit G
23 City of Richmond - Insurance Requirements - Type 2:

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

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

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

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

Insurance certificates and endorsements may be faxed to the Designated Project 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 104

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RICHMOND, CALIFORNIA,

December 19, 2023, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 4:33 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Absent: None.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al.  North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
 Pena v. City of Richmond, et al.
 Farmers Insurance Exchange v. City of Richmond, et al.  State of Texas, et al. v. United States of America, et al.

C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
 Property: 222 Marina Way (Nystrom Village)Agency Negotiators:

Nannette Beacham, Gabino Arredondo, Susan Bloch Negotiating Parties:

McCormack Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RNHS)Under negotiation: Price and terms of payment C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 City Designated Representative: Dave Aleshire, City
AttorneyUnrepresented employee: City Manager
C.4 CONFERENCEWITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units
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3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

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

E. ADJOURN TO CLOSED SESSION
There being no further business, the meeting adjourned at 4:35 p.m. Closed Session adjourned at 6:15 p.m.

F. SPECIAL MEETING OF THE RICHMOND HOUSING AUTHORITY
The Special Housing Authority meeting was called to order at 6:24 p.m. by Chair Eduardo Martinez.

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

H. ROLL CALL

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. REPORT FROM THE EXECUTIVE DIRECTOR
Interim Executive Director Gabino Arredondo reported that the Richmond Housing Authority Holiday Closure would be from December 26th through December 29, 2024.

Maintenance staff would be on standby duty.

K. AGENDA REVIEW
None.

Commissioner Scott and Vice Chair McLaughlin. Abstain: None. 106

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M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:31 p.m.

N. SPECIAL MEETING OF THE RICHMOND CITY COUNCIL/SUCCESSOR

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

O. ROLL CALL

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

P. STATEMENT OF CONFLICT OF INTEREST
None.

Q. AGENDA REVIEW
None.

R. SUCCESSOR AGENCY TO THE RICHMOND COMMUNITY

REDEVELOPMENT AGENCY CONSENT CALENDAR
Motion by Councilmember Melvin Willis
Seconded by Councilmember Cesar Zepeda

Ayes (6): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, Councilmember Cesar Zepeda, and Mayor Eduardo Martinez
Absent (1): Vice Mayor Gayle McLaughlin
Passed (6 to 0)

R.1 Approval of the Recognized Obligation Payment Schedule (ROPS 24-25) and the Administrative Budget for the Period July 1, 2024, through June 30, 2025 ADOPT a resolution approving the Recognized Obligation Payment Schedule (ROPS 24-25) and the Administrative Budget for the Period July 1, 2024, through June 30, 2025 – Community Development Department (Lina Velasco 510-620- 6841).

Adopted Resolution No. 23-2.

S. ADJOURNMENT
There being no further business, the meeting adjourned at 6:33 p.m.

T. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 6:33 p.m. by Mayor Eduardo Martinez.

U. ROLL CALL

Present: Councilmembers Soheila Bana, Claudia Jimenez, Doria Robinson, Melvin Willis, Cesar Zepeda, and Mayor Eduardo Martinez. Absent: Vice Mayor Gayle McLaughlin was absent the entire meeting.
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V. STATEMENT OF CONFLICT OF INTEREST
None.

W. AGENDA REVIEW
None.

X. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)

Winehaven v. City of Richmond - No reportable action.

Guidiville Rancheria of California, et al. v. United States of America, et al. - No reportable action.

North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond - No reportable action.

Pena v. City of Richmond, et al. -No reportable action.

Farmers Insurance Exchange v. City of Richmond, et al. - No reportable action.

State of Texas, et al. v. United States of America, et al. - Discussed - The city was not a party. Council voted to allow joining amicus brief.

C.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)

Property: 222 Marina Way (Nystrom Village)
Agency Negotiators: Nannette Beacham, Gabino Arredondo, Susan Bloch Negotiating Parties: McCormack Baron Salazar (MBS) and Richmond Neighborhood Housing Services (RNHS)
Under negotiation: Price and terms of payment
No reportable action.

C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)

City Designated Representative: Dave Aleshire, City Attorney Unrepresented employee: City Manager
No reportable action.

C.4 CONFERENCEWITH LABOR NEGOTIATORS (Government Code Section 54957.6)

Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units 108

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3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
No reportable action.

Y. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: Police and Fire Toy Program was on December 16, 2023; Richmond's 2nd Annual Snow Day was on Thursday, December 21, 2023, from 11:00 a.m. to 4:00 p.m., at Nicholl Park; Richmond Community Survey was open to Richmond residents at https://tinyurl.com/RichmondSurvey2023, and the deadline was December 31, 2023; "How to Do Business in Richmond" Vendor Workshop was at the City Council Chamber on Thursday, January 18, 2023, from 9:30 a.m. to 12:00 p.m.; and Lifeguard Boot Camp Class was at the Richmond Swim Center on Tuesdays and Thursdays from January 9 through January 25, 2024, from 5:00 p.m. to 5:40 p.m.

Z. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Jimenez stated she was out for 8 weeks due to thyroid cancer and was happy to be back.

Councilmember Zepeda stated there would be art displayed in the council chambers.

Councilmember Zepeda also reported that he attended the police and fire toy program and thanked everyone who participated.

Councilmember Willis stated that he attended the West Contra Costa Unified School District Richmond High Special Olympics of Northern California.

Councilmember Bana thanked the Richmond Police Activities League for organizing the Shop with a Cop Program. Councilmember Bana also stated that the Celebration of Winter Solstice was on December 21, 2024.

Councilmember Robinson stated she attended the Parks & Recreation Commission meeting, and they discussed efforts to improve and repair lights and prevent flooding at parks.

Mayor Martinez stated that he attended a holiday brunch with Congressman John Garamendi and California Secretary of Transportation Toks Omishakin at the Riggers Loft. Mayor Martinez also announced that Katrinka Ruk had stepped down as executive director of the Council of Industries and Raulin (Rauly) Butler was the new director.

AA. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Silray Garcia gave comments regarding the carpenter's apprenticeship program and the California Carpenters Union.

Mark Wassberg gave comments regarding crime in the City of Richmond.

Philip Rosenthal read a letter from Point Richmond Neighborhood Council in support of the Keller Beach Sewer Project.
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Jamin Pursell stated that Councilmember Jimenez was recently named Woman of the Year by John Garamendi. Mr. Pursell also expressed support for dedicated resiliency centers for the unhoused.

Katrinka Ruk stated that Rauley Butler would be the Executive Director of the Council of Industries beginning January 2024. Ms. Ruk also welcomed Councilmember Jimenez back after her recent surgery.

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

AB.1 City Attorney's Office
AB.1.a Legal Services Agreement with Maloney Employment Law APPROVE a Legal Services Agreement with Maloney Employment Law for a total amount not to exceed $350,000, with a term beginning July 1, 2023, through June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6505).

AB.2 City Clerk's Office
AB.2.a Cancellation of January 9, 2024, Regular City Council Meeting APPROVE the cancellation of the January 9, 2024, Regular City Council meeting and hold regular meetings on January 16 and 30, 2024 - City Clerk’s Office (Pamela Christian 510-620-6513).

AB.3 City Council
AB.3.a Amendment to Chapter 3.54 of the Richmond Municipal Code to match the state definition of “serious bodily injury” under Penal Code Section 243(f)(4).

DIRECT the city attorney to amend Ordinance 3.54 Community Police Review Commission of the Richmond Municipal Code to match the State’s definition of “serious bodily injury” under Penal Code Section 243(f)(4) – Councilmember Jimenez (510-620-6565).

AB.3.b Provide Guidance to Staff Regarding the Keller Beach Sewer Project DIRECT staff to (1) use every available option provided by the Baykeeper Settlement Agreement, including replacing or repairing existing sewer 110

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pipes, with the last option to move up into the street level; and (2) hire a new contractor to provide a second opinion/peer review on work performed by Coastland and to assess all options provided by the Baykeeper Settlement Agreement – Councilmember Cesar Zepeda (510- 620-6593).

AB.3.c Richmond-Shimada Friendship Commission Year-end Report RECEIVE the Richmond-Shimada Friendship Commission Annual Report – Councilmember Zepeda (510-620-6593)
AB.3.d Feasibility Study of Dynamic Personal Micro Transit System to Connect West County Cities to Local Transportation Hubs
DIRECT staff to conduct a Feasibility Study for implementation of a Dynamic Personal Micro Transit (DPMT) system to connect the Richmond Ferry Terminal, BART, and Hilltop Mall – Councilmember Zepeda (510-620-6593) and Councilmember Jimenez (510-620-6565).

AB.3.e Proposed Council Chamber Art Exhibit Pilot Program DIRECT staff to facilitate public art in the Council Chambers in an amount not to exceed $5,000; and AUTHORIZE the city manager or her designee to negotiate and enter into any required agreements or contracts - Councilmember Cesar Zepeda (510-620-6593), Councilmember Claudia Jimenez (510-620-6565), and Councilmember Soheila Bana (510-620- 6743).

AB.4 City Manager's Office
AB.4.a Contract with Public Works LLC to Support the Development of a Community Needs Assessment and Strategic Investment Plan APPROVE a contract with Public Works LLC in the amount of $215,500, with a $14,500 contingency, for a not-to-exceed total contract amount of $230,000, to support the Department of Children and Youth in the development of a Community Needs Assessment and Strategic Investment Plan, with a contract term from December 20, 2023, through December 31, 2024 – City Manager’s Office (LaShonda White 510-620-6828/Patrick Seals 510-307-8016).

AB.4.b Proposed FY 2024-2025 Environmental Community and Investment Agreement (ECIA) Competitive Grant Program
APPROVE the Fiscal Year 2024-2025 Environmental and Community Investment Agreement (ECIA) competitive grant program annual allocation of $606,000; and AUTHORIZE the release of the Request for Application and Guidelines – City Manager’s Office (LaShonda White/Shané Johnson/Patrick Seals/Guadalupe Morales 620-6512).

AB.5 Community Development
AB.5.a Amendment No. 1 to Contract with Housing Consortium of the East Bay (HCEB) for Rapid Rehousing and Housing Navigation Services for the Castro Encampment Resolution Funding Round 1 Project
APPROVE an Amendment No. 1 to the contract with Housing Consortium of the East Bay to increase the contract amount by $934,263, for a total not to exceed contract amount of $2,198,686, for a term through June 30, 2024, to be funded using the City’s Encampment Resolution Funds – 111

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Community Development Department (Lina Velasco/Jesus Morales 510- 620-6649).

AB.5.b Written Report of Draft Equitable Public Land Disposition Policy i
RECEIVE a written report regarding the Draft Equitable Public Land Disposition Policy that will be presented for discussion in January - Community Development Department (Lina Velasco/Kaitlyn
Quackenbush 510-620-6841).

AB.5.c Sole-Source Contract with NELB Consultants, LLC for On-Call Economic and Financial Analysis Services

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

AB.5.d Way2Love Contract Amendment
APPROVE a contract amendment No. 2 with Way2Love, Inc., to increase the contract amount by $2,774,543.26, for a new total contract amount not to exceed $3,019,543.26, to provide project management, housing navigation, case management, and employment support services for the City’s Encampment Resolution Funding (ERF) Round 2 project, for a term extended through June 30, 2025, to be funded by the City’s ERF Round 2 award – Community Development Department (Lina Velasco 510-620- 6841/Jesus Morales 510-621-1220).

City Manager Shasa Curl gave an overview. Director of Community Development Lina Velasco, Crime Prevention Manager Michele Milam, and Housing Manager Jesus Morales presented a PowerPoint, which highlighted the following: Point in Time Count - 487 Unsheltered individuals; who is experiencing homelessness in Richmond; Homelessness Strategic Plan; Homelessness Strategic Plan Goals:

Homelessness Resources; Planned Expenditures for ARPA and ERF-R-2; Emergency Shelter; Camping Ordinance; Current Shelter; City Capacity; Planned Resources; Way2Love scope of work; Proposed Way2Love Subcontractors; and Outcomes & Evaluation.

Discussion ensued.

Raymond Landry, Leon Roberts, and Damon Cooke gave comments in person.
(At 10:57 p.m. a motion by Councilmember Willis, seconded by Councilmember Zepeda, extended the meeting until the completion of Item AB.10.e. - (Richmond Police Department Assigned Vehicle Program), passed by the following vote: Ayes: Councilmembers Bana, Jimenez, Robinson, Willis, Zepeda, and Mayor Martinez. Noes: None.

Absent: Vice Mayor McLaughlin. Abstain: None.).
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Further discussion ensued. The city council requested a demographic report on who was receiving support, and an update was provided at a later date with how funds were expended and allocated based on the sources of funding. Way2Love, Executive Director, Vanessa Calloway gave comments.

Motion by Councilmember Melvin Willis
Seconded by Councilmember Soheila Bana

Ayes (5): Councilmember Soheila Bana, Councilmember Claudia Jimenez, Councilmember Doria Robinson, Councilmember Melvin Willis, and Mayor Eduardo Martinez
Absent (1): Vice Mayor Gayle McLaughlin
Passed (5 to 0)

AB.5.e Contract Amendment No. 3 with RCF Connects for Emergency Shelter Services
AUTHORIZE the city manager to negotiate and execute a contract amendment no. 3, for up to $700,000, with RCF Connects to provide emergency shelter services, including leasing motel rooms or other appropriate housing for emergency shelter purposes, until June 30, 2024, for a total contract amount not to exceed $2,961,717 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6706).

AB.5.f Short-term Rental Assistance Provider Contract
AUTHORIZE the city manager to negotiate and execute a contract with RCF Connects to administer a rental assistance program, to be funded using American Rescue Plan Act (ARPA) funds, for a not-to-exceed amount of $250,000, through June 30, 2024 - Community Development (Lina Velasco/Jesus Morales 510-620-6841).

AB.6 Economic Development
AB.6.a Communities Local Energy Action Program (C-LEAP) Pilot Richmond Report
RECEIVE the Communities Local Energy Action Program (C-LEAP) written research report – Economic Development Department (Nannette Beacham/Samantha Carr 510-620-5407).

AB.6.b Processing Building Window Repair – Rejection of Bids APPROVE the rejection of the bids received for the Processing Building Window Repair – Economic Development Department, Port (Charles Gerard 510-620-6792).

AB.6.c CivicSpark AmeriCorps Fellows Second Contract Amendment APPROVE a second amendment to the contract with CivicWell (formally Local Government Commission) for two fellows during the Fiscal Year (FY) 2023-2024 CivicSpark service year, increasing the contract amount by $15,000, for a new total contract amount not to exceed $135,000, with an extended term through December 31, 2024 – Economic Development (Nannette Beacham/Samantha Carr 510-620-5407).
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AB.6.d Annual Solid Waste Rate Adjustment
ADOPT a resolution to update the 2024 Solid Waste Collection Rates – Economic Development (Nannette Beacham/Samantha Carr 510-620- 5407).

Adopted Resolution No. 140-23.

AB.7 Finance Department
AB.7.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of October 2023
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of October 2023 – Finance Department (Andrea Miller 510-620-6740).

AB.8 Information Technology
AB.8.a OMNIA Cooperative Purchase Agreement for City-wide Goods and Services from Ring Central
ADOPT a resolution approving the use of OMNIA Cooperative Purchasing Agreements with Ring Central, in an amount not to exceed $500,000 per year, for a term beginning December 19, 2023, and ending September 30, 2025 – Information Technology Department (Sue Hartman 510-620-6874).

Adopted Resolution No. 141-23.

AB.8.b iMS
ADOPT a resolution authorizing a contract with Intuitive Municipal Solutions (iMS) for an Enterprise Community Development and Land Management System; and APPROVE a five-year contract with iMS to acquire, install, implement, and receive ongoing technical support for the iMS Suite Software as a Service (SaaS), ePermitHub, Selectron, and CORE Business Technologies, in the amount of $1,529,213.17, plus an approximate fifteen percent contingency of $229,382.83 to pay for integrations with the Enterprise Resource Planning System, for a total amount not to exceed $1,758,596 - Information Technology Department (Sue Hartman 510-620-6874/Sandi Wong 510-620-6745).

Adopted Resolution No. 142-23.

AB.9 Library and Community Services
AB.9.a Love Your Block (LYB) Mini-Grant Program Fiscal Years 2023-2025 APPROVE the Fiscal Years (FY) 2023-2025 Love Your Block Mini-Grant (LYB Mini-Grant) program guidelines, application, final report, and grant award agreement; and AUTHORIZE the city manager or their designee to administer grant award agreements and disburse grant funds up to a total amount not to exceed $80,000, upon selection of recipients – Community Services Department, Recreation Division (LaShonda White 510-620- 6828/Stephanie Ny 510-620-6563).

AB.9.b Sole-Source Contract with Oakland Private Industry Council to Serve as the RichmondWORKS Program Contracting/Vendor Pay Agent

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APPROVE a sole-source contract with the Oakland Private Industry Council, in an amount not to exceed $579,909.38, to provide additional services as the Contracting/Vendor Pay Agent for RichmondWORKS, Workforce Innovation and Opportunity Act (WIOA), and other grant- funded program participants in the form of Individual Training Accounts (ITAs) and On-the-Job Training (OJT) contracts, through June 30, 2025 – Community Services Department, Employment and Training Division – (LaShonda White 510-620-6828/ Tamara Walker 510-307-8006).

AB.10 Police Department
AB.10.a Memorandum of Understanding (MOU) with the Richmond Police Activities League (RPAL)
APPROVE and AUTHORIZE the city manager to sign a Memorandum of Understanding (MOU) between the City of Richmond and the Richmond Police Activities League (RPAL) to subsidize RPAL staff and programs, ensuring that academic, athletic, and life-skills services offered by RPAL will continue for the period July 1, 2023, through June 30, 2025, in an amount not to exceed $650,000 ($325,000 annually for two years) – Police Department (Chief Bisa French 510-621-1802).

AB.10.b Contract Amendment No. 1 with Rahul Maharaj for Dispatch Call Center 911 Quality Assurance
APPROVE a first contract amendment with Rahul Maharaj in the amount of $50,000, for a new total contract not to exceed $109,400, with an extended term through June 30, 2026, for the quality assurance of emergency medical calls – Police Department (Chief Bisa French 510- 621-6913).

AB.10.c Fifth Contract Amendment with Universal Protection Service LLC, dba Allied Universal Security Services
APPROVE the fifth contract amendment with Universal Protection Service LLC dba, Allied Universal Security Services in the amount of $698,246.55, for a total contract amount not to exceed $2,716,499.95, and to extend the contract expiration to December 31, 2024 – Police Department (Chief Bisa French 510-621-1802).

AB.10.d Crime Report from Police Chief
Receive a written crime report from the police chief - Police Department (Chief Bisa French 510-621-1802).

AB.10.e Richmond Police Department Assigned Vehicle Program (A VP) APPROVE the immediate implementation of the Richmond Police Department’s Assigned Vehicle Program for an amount of $141,790 annually – Police Department (Chief Bisa French 510-621-1802).

City council raised concerns regarding any liabilities or risks associated with the use of police vehicles used off duty or on duty. City Administrative Policies 107 and 108 cover take home vehicles. There are also police department policies pertaining to the use of take-home vehicles.

Ben Therriault and Jamin Pursell gave comments in person. 115

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Motion by Councilmember Soheila Bana
Seconded by Councilmember Melvin Willis

AB.11 Public Works
AB.11.a Abatement Report from the Public Works Director Receive a written abatement report from the public works director - Public Works Department (Daniel Chavarria 510-620-5478).

AB.11.b Accept and appropriate CTC State Transportation Improvement Program (STIP) fund and award Right-of-Way Acquisition and Appraisal Professional Services contract for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137
ADOPT a resolution to (1) ACCEPT and APPROPRIATE the California Transportation Commission (CTC) State Transportation Improvement Program (STIP) Fund of $4,500,000 for Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137 for the right of way phase; and (2) AUTHORIZE the city manager or their designee to execute a contract with Monument ROW Services in an amount not to exceed $601,050.49, which includes a contract amount of $500,875.41 plus twenty-percent contingency in the amount up to $100,175.08, from December 19, 2023, through June 30, 2026, for right of way acquisition and appraisal services for the Interstate 80 (I-80)/Central Avenue Interchange Improvements Phase II Project STPL-5137(50) – Public Works Department (Daniel Chavarria/Ken Cheng 510-621-1612).

Adopted Resolution No. 143-23.

AB.11.c Award Engineering and Design Professional Services Contract for Harbour & Wright Section 130 Rail Crossing Federal Project No. STPLR- 7500(0282)
ADOPT a resolution authorizing the execution of an engineering and design professional services contract with CSW|ST2 for the Harbour & 116

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Wright Section 130 Rail Crossing Federal Project No. STPLR- 7500(0282), in an amount not to exceed $255,056; and AUTHORIZE the director of public works to approve change orders, if necessary, and a contingency amount of up to $20,944 - Public Works Department (Daniel Chavarria 510-620-5478/ Ken Cheng 510-621-1612)
Adopted Resolution No. 144-23.

AB.11.d Resolution to approve the Sole Source contract for CSW|ST2 for the Richmond Art and Lighting Project

APPROVE a sole-source contract with CSW|ST2 to provide professional design services to implement the scope of work described in the Clean California Enhancement Proposal for the Richmond Art and Light Project, in an amount of $485,526, for a term from November 1, 2023 to December 31, 2025 – Public Works Department (Daniel Chavarria 510- 620-6639/Josef Munoz 510-620-6671/ Jene Levine-Snipes 510-307-8132).

AC. STATE OF THE CITY
AC.1 State of the City Address by Mayor Eduardo Martinez RECEIVE the Annual State of the City Address from Mayor Eduardo Martinez – Mayor Eduardo Martinez (510-620-6503).

Mayor Martinez presented the State of the City Address. The video and slides could be accessed at State of the City | Richmond, CA - Official Website https://www.ci.richmond.ca.us/3539/State-of-the-City
Jamin Pursell, Emily Ross, BK Williams, Jane Courant, and Michael Gliksohn gave comments via Zoom.

AD. NEW BUSINESS
AD.1 Presentation on AB-617 guided Community Emission Reduction Plan RECEIVE a presentation from the Community Emission Reduction Plan (CERP) steering committee (guided by AB-617) to explain the oversight and new rules pertaining to Bay Area Air Quality Management District (BAAQMD) - Mayor's Office (Mayor Eduardo Martinez 510-620-6503)
Bay Area Air Quality Management District (BAAQMD), Director of Public Affairs, Marisol Cantu, BAAQMD Deputy Executive Officer of Public Affairs Via Tran, and Mayor's Office Policy Director BK White, presented a PowerPoint which highlighted the following: Path to Clean Air; Community Air Protection Program (AB 617); Community Emission Reduction Plan; Race within the CERP Community; Plan Process; Community Concerns; Community Emissions Reduction Plan Goals; Strategy 1 Actions - Just Transition; Strategy 2 Actions - Flaring and Major Incidents; Strategy 3 - Actions - Compliance and Enforcement; Legal and Penalties. Discussion ensued. The city council asked how the city could further enforce the industrial safety ordinance and change the boundaries to include all of Richmond on the map. The Toxic Reduction Plan would be distributed to the city council for review.

Jamin Pursell gave in person comments. Tarnel Abbott gave comments via Zoom.

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AD.2 Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the corresponding rates.

INTRODUCE an ordinance (first reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – City Attorney's Office (Dave Aleshire 510-620-6509; Finance Department (Nickie Mastay/Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).

Item continued to a future city council meeting.

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

Item moved to the Consent Calendar.

AE. ADJOURNMENT
There being no further business, the meeting adjourned at 11:26 p.m., to meet again on January 16, 2024, at 6:30 p.m.

Clerk of the City of Richmond Mayor

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RICHMOND, CALIFORNIA,

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

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Open Session was called to order at 5:02 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Absent: None.

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Attorney
 Title: City Manager
 Title: City Clerk
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 Title: Confidential Investigative and Appeals Officer D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
None.

E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 5:02 p.m. Closed Session adjourned at 6:36 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 6:57 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

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

Councilmember Zepeda nominated Councilmember Jimenez to serve as Vice Mayor.

Motion by Councilmember Cesar Zepeda
Seconded by Councilmember Gayle McLaughlin

Ayes (6): Mayor Eduardo Martinez, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Councilmember Doria Robinson, Councilmember Gayle McLaughlin, and Vice Mayor Claudia Jimenez
Abstentions (1): Councilmember Soheila Bana
Passed (6 to 0)

K. AGENDA REVIEW
Item Q.1.b. (Cancellation of January 23, 2024, Regular City Council Meeting) and Q.5.a. (Proclamation declaring January 27, 2024, as International Holocaust Remembrance Day) were removed from the Consent Calendar for discussion. Item Q.5.a. was heard after Item O. (Commendations, Presentations, and Proclamations).

L. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
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C.1 LIABILITY CLAIMS - (Government Code Section 54956.95):
• Claimant: John Bruce
Agency claimed against: City of Richmond
• Claimant: Jose Villalobos
Agency claimed against: City of Richmond
• Claimant: Dedrick Riley
Agency claimed against: City of Richmond
Approved settlement agreements on all cases.

C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Sandoval v. Richmond Housing Authority
Approved settlement agreement
C.3 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) - (Not discussed)
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Not discussed
C.4 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
· Title: City Attorney
· Title: City Manager
· Title: City Clerk
· Title: Confidential Investigative and Appeals Officer A report was given. No reportable action taken.

M. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported the following: HAZMAT Accident on Westbound I-80; MLK Day of Service; How to Do Business in Richmond Vendor Workshop at Richmond City Council Chambers was on Thursday, January 18, 2024, from 9:30 a.m. to 12 p.m.; Adult Art Classes at Westside Branch Library were on January 22, 2024, from 4:30 p.m. to 5:30 p.m.; Richmond's Main Library Renovation Community Meeting was on January 25, 2024, from 6:00 p.m. to 7:15 p.m.; and the Chinese New Year Celebration was on February 10, 2024, from 1:00 p.m. to 3:00 p.m. at the Richmond Memorial Auditorium.

M.1 NEW EMPLOYEE REPORT - 1st Tuesday
The new employee report was not given.

N. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
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Councilmember Robinson reported that the Pullman Neighborhood Council met regarding the Pullman Hotel. Councilmember Robinson also stated that she met with the Parks & Recreation Department to help facilitate development of soccer fields and the Booker T. Anderson construction and programs.

Councilmember McLaughlin stated that she had shoulder surgery and missed some council meetings. Councilmember McLaughlin also stated that the Marina Bay Farmers Market would begin in mid-March 2024; the 2024 Literacy Festival was on April 13, 2024, from 10 a.m. to 2 p.m.; met with members of the Public Bank of the East Bay to draft the business plan; Tiny Youth Village Farm and Garden Project was in progress; and the Commission on Aging was looking for new members
Councilmember Bana thanked Councilmember Zepeda for spearheading the art program in the Council Chambers and reported the following: the City of Richmond received a Historic Preservation award; attended a Bay Area Air Quality Management District (BAAQMD) emissions reduction meeting.

Councilmember Zepeda thanked Sala Thai from Hilltop for providing the city council meeting dinner. Councilmember Zepeda also Reported the following: there would be rotating art on display in the city council chambers on a quarterly basis; Veolia would provide city council with another report about the December 4-5, 2023, incident at the January 23, 2024, city council meeting; the LGBTQI were allowed to donate blood; and announced that the Economic Development Commission had a new chair and co-chair.

Councilmember Willis stated that there was massive parking enforcement ticketing on 7th street for vehicles that were parked in the red zone and suggested that there could be parking permits given to residents in the area to allow parking in the red zones.

Mayor Martinez reported the following: there were 3 recent hires in the police department; he was appointed to the Contra Costa County Hazmat Board, with Councilmember Zepeda appointed as the alternate; attended the Hung Lao community event; and announced that the Nepalese community Lunar New Year Celebration was on January 27, 2024.

Vice Mayor Jimenez thanked Bouakhay Phongboupha from the Employment & Training Department for assisting with organizing the Lao Community event.

O. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
O.1 Proclamation Recognizing Dr. Martin Luther King, Jr.

PROCLAMATION recognizing Dr. Martin Luther King, Jr. Day, and his contributions to the civil rights movement – Councilmember Cesar Zepeda (510- 620-6593).

City Clerk Pamela Christian read the proclamation. The mayor and councilmembers presented the proclamation to participants and sponsors who gave comments.

O.2 Proclamation Honoring Successful Collaboration in the Reduction of Homicides
PROCLAMATION honoring Richmond’s successful collaboration in the reduction of homicides – Vice Mayor Gayle McLaughlin, Councilmember Claudia Jimenez and Mayor Eduardo Martinez (510-620-6861). 122

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Councilmember McLaughlin gave an overview and read the proclamation.

Certificates of appreciation would be sent to groups and individuals who have helped reduce homicides. Discussion ensued.

Mark Wassberg gave comments in person.

P. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Kristen Pursley gave comments regarding teaching English as Second Language (ESL) students about climate change and being a sustainability partner with the adult school.

Irania De La Mora gave comments regarding the importance of supporting upcoming artists. Ms. De La Mora also stated that bike lanes should not be on main streets.

Wesley Alexander gave comments regarding economic injustices for businesses in Richmond.

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

Ayes (7): Mayor Eduardo Martinez, Councilmember Melvin Willis, Councilmember Cesar Zepeda, Councilmember Doria Robinson, Councilmember Soheila Bana, Councilmember Gayle McLaughlin, and Vice Mayor Claudia Jimenez Passed (7 to 0)

Q.1 City Clerk's Office
Q.1.a City Council Meeting Minutes
APPROVE the minutes of the November 7 and December 5, 2023, Regular City Council meetings and the December 12, 2023, Special City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

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

Councilmember Robinson gave an overview. Councilmember Jimenez requested a Google Drive document that detailed pending and upcoming closed session and open session agenda items. The January 23, 2024, City Council meeting was not cancelled. The January 30, 2024, City Council meeting was cancelled. Any items currently agendized for the January 30, 123

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2024, meeting would be moved to either the January 23 or February 6, 2024, city council meetings.

Motion by Councilmember Doria Robinson
Seconded by Councilmember Cesar Zepeda

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

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

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

Adopted Ordinance No. 01-24 N.S.

Q.4 Library and Community Services
Q.4.a Contract with WestEd to Support Evaluation Needs for the Richmond Fund for Children and Youth
APPROVE a contract with WestEd for third-party independent evaluation services required by Article 15(d) of the Richmond Charter for the Richmond Fund for Children and Youth in an amount not to exceed $600,000, with a term commencing on July 11, 2023, and terminating on June 30, 2025 – Department of Children and Youth (LaShonda White 510- 620-6828/Patrick Seals 510-307-8016).

Q.5 Mayor's Office
Q.5.a Proclamation declaring January 27, 2024, as International Holocaust Remembrance Day.

PROCLAMATION declaring January 27th as International Holocaust Remembrance Day in the City of Richmond - Mayor’s Office (Mayor Eduardo Martinez 510-620-6503/Vice-Mayor Gayle McLaughlin 510- 620-6636).
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Mayor Martinez read the proclamation and the mayor and
councilmembers presented the proclamation to the President of the Jewish V oice for Peace Bay Area Ellen Rosky.

Mark Wassberg gave comments in person.

Sara Cantor gave comments via Zoom.

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

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

Adopted Resolution No. 01-24.

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

Q.7 Public Works
Q.7.a Fleet Maintenance Software Upgrade
APPROVE an agreement with TT Faster, LLC, dba FASTER Asset Solutions, for an upgrade of the fleet management software to Faster Web 2023, for a total amount not to exceed $157,500, including a one-time fee not to exceed $88,000, and annual support and maintenance fees for approximately $22,000 for Fiscal Year 2023-2024, $23,000 for Fiscal Year 2024-2025, and $24,500 for Fiscal Year 2025-2026 - Public Works Department (Daniel Chavarria 510-620-5478/Dee Karnes 510-231-3044).

Q.7.b Sole-Source Contract with Brightly Software for the City’s Water and Energy Bill Payments
APPROVE a sole-source contract with Brightly Software for a three-year subscription to their web-based utility/energy manager, for a total three- year subscription amount of $18,708.87, including $5,876.64 for the first year, $6,229.24 for the second year, and $6,602.99 for the third year, with a term beginning November 1, 2023, and ending October 31, 2026 – Public Works Department (Daniel Chavarria/Tawfic Halaby 510-620- 5482).
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R. PUBLIC HEARINGS
R.1 THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 20, 2024,

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

S. ADJOURNMENT
There being no further business, the meeting adjourned at 8:43 p.m., in memory of Betty Brown, to meet again on January 23, at 6:30 p.m.

Clerk of the City of Richmond Mayor

126

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February 6, 2024

City Council

DATE: February 6, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

City Council Member Soheila Bana
Subject:

Supporting the right of members of the public to offer aid to animals in distress and opposing any legal penalties for such actions.

FINANCIAL IMPACT: At this time there is no financial impact related to the item.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

Compassionate members of the public should be allowed
to offer aid to animals in such situations, provided that they do so in a manner that is safe for both the animal and the person involved.

RECOMMENDED ACTION:

ADOPT a resolution that encourages the Sonoma District
Attorney to dismiss such prosecution and exercise
leniency, of non-violent activists who were investigating and attempting to expose the abuses of animals in
commercial animal operations – Councilmember Soheila
Bana (510-672-3490).

DISCUSSION:

The City of Richmond, California, recognizes the importance of the welfare and well- being of all animals within its jurisdiction and believes that compassionate members of the public should be allowed, and indeed encouraged, to offer aid to animals in such AGENDA
REPORT
127

Page 2 of 2 ends

February 6, 2024
situations, if they do so in a manner that is safe for both the animal and the person involved.

Little or no enforcement of California's animal cruelty statute occurs with respect to animals raised in commercial operations. While some companies that supply animal products have been known to portray their treatment of animals in a substantially more favorable light than the reality.

Peaceful activists have attempted to bring violations by commercial animal operations via the act of investigating the conditions of commercial animal operations and exposing abuses to the public and to law enforcement, and providing relief to animals who are thirsty, starving, injured, or sick.

California Penal Code Section 597(b) makes it a crime to torture, torment, deprive of necessary sustenance, drink, or shelter any animal, or cause any animal to be tortured, tormented, deprived of necessary sustenance, drink, or shelter, where the words "torment" and "torture" include "every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted."

Five individuals, who are members of the animal rights organization Direct Action Everywhere (DxE), currently face felony and/or misdemeanor charges in Sonoma County in connection with investigations and open rescues of animals at two factory farms in Sonoma County: Petaluma Poultry and Reichardt Duck Farm in June 2023 and November 2023.

Cities like Berkeley, San Francisco and Sebastopol, have created resolutions intended to encourage the Sonoma County District Attorney to dismiss such prosecution of non- violent activists who were investigating and attempting to expose the abuses of animals in commercial animal operations. The resolutions also encourages the Sonoma County District Attorney to devote the resources that could be saved from these actions to instead investigate and prosecute potential violations of the law in commercial animal operations in Sonoma County and throughout California.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution

128
Reso. No. XX-17

Page 1 of 3 ends

RESOLUTION NO. XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,

SUPPORTING THE RIGHT OF MEMBERS OF THE PUBLIC TO OFFER AID TO

ANIMALS IN DISTRESS AND OPPOSING ANY LEGAL PENALTIES FOR SUCH

ACTIONS

WHEREAS, the City of Richmond, California, recognizes the importance of the welfare and well-being of all animals within its jurisdiction; and

WHEREAS, five members of the animal rights organization Direct Action Everywhere (DxE), currently face felony and/or misdemeanor charges in Sonoma County in connection with investigations and open rescues of animals at two factory farms in Sonoma County: Petaluma Poultry and Reichardt Duck Farm in June 2023 and November 2023, respectively; and

WHEREAS, the City Council acknowledges that animals, both domestic and wild, may occasionally find themselves in situations of distress due to various circumstances such as illness, injury, abandonment, or natural disasters; and

WHEREAS, the public of California cares deeply about nonhuman animals raised in commercial operations, as evidenced by, among other things, the passage by 62.66% of voters of Proposition 12 in 2018, which established new standards for confinement of farm animals and banned non-complying products; and

WHEREAS, California's animal cruelty statute, California Penal Code Section 597 et seq., does not contain an animal husbandry exemption and thus covers cruelty inflicted on nonhuman animals raised in commercial operations; and

WHEREAS, California Penal Code Section 597(b) makes it a crime to torture, torment, deprive of necessary sustenance, drink, or shelter any animal, or cause any animal to be tortured, tormented, deprived of necessary sustenance, drink, or shelter, where the words "torment" and "torture" include "every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted"; and

WHEREAS, California Penal Code Section 597(e) makes it a crime to hold a domestic animal in confinement without providing the animal with sufficient food and water, and also provides a legal defense against the claim of trespass to anyone who enters the area where the domestic animal is confined for the purpose of providing food and water; and

WHEREAS, the City Council believes that compassionate members of the public should be allowed, and
indeed encouraged, to offer aid to animals in such situations, provided that they do so in a manner that is safe for both the animal and the person involved; and

WHEREAS, companies that supply animal products have been known to portray their treatment of animals in a substantially more favorable light than the reality; and

WHEREAS, little or no enforcement of California's animal cruelty statute occurs with respect to animals raised in commercial operations; and

WHEREAS, peaceful activists have attempted to bring violations by commercial animal operations of California's animal cruelty statute to the attention of the public as well as law and regulatory enforcement agencies, including video and photographic evidence of animals caught stuck laying on their backs unable to right themselves, left with large, untreated sores, and animals who had died of thirst, starvation, injury, or illness whose bodies were lying among the living; and

WHEREAS, the act of investigating the conditions of commercial animal operations and exposing abuses to the public and to law enforcement, and providing relief to animals who are 129
Reso. No. XX-17

Page 2 of 3 ends

thirsty, starving, injured, or sick, is in the interests of both those individual animals and the public that cares about them.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby declare that the five members of the animal rights organization Direct Action Everywhere (DxE), being prosecuted in Sonoma County, are non-violent activists who were investigating and attempting to expose the abuses of animals in commercial animal operations; and

BE IT FURTHER RESOLVED, the City Council encourage the Sonoma County District Attorney to dismiss such prosecution; and

BE IT FURTHER RESOLVED , that the City Council encourage the Sonoma County District Attorney to devote the resources that could be saved from these actions to instead investigate and prosecute potential violations of the law in commercial animal operations in Sonoma County; and

BE IT FURTHER RESOLVED, that the City Council encourage law and regulatory enforcement agencies in California, including the California Attorney General and the California Department of Food and Agriculture, to investigate and prosecute potential violations of the law in commercial animal operations throughout California; and

BE IT FINALLY RESOLVED, that this resolution shall take effect immediately upon its adoption.

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

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

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }
130
Reso. No. XX-17

Page 3 of 3 ends

I certify that the foregoing is a true copy of Resolution No. XX, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on INSERT DATE ADOPTED.

Pamela Christian, Clerk of the City of Richmond
131

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February 6, 2024

City Manager's Office

DATE: February 6, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager

Subject:

City of Richmond Hosted Celebration of Life Event for
Former Mayor Irma Anderson in Conjunction with Black
History Month
FINANCIAL IMPACT: The City of Richmond does not charge itself for use of its own facilities; there will be some staff time incurred in utilizing the Richmond Auditorium. Any costs associated with this event will be covered using the City Manager’s Office existing budget (01131013-400201).

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

In honoring the life and legacy of Former Mayor Irma
Anderson in conjunction with Black History Month, the
City Manager is requesting authorization to host a historic celebration of life event at the Richmond Auditorium for the community.

RECOMMENDED ACTION:

APPROVE the waiver of fees associated with the use of
the Richmond Auditorium in the month of February 2024
to host a celebration honoring the life of Former Mayor Irma Anderson; AUTHORIZE City staff to support the
planning and hosting of the historical acknowledgement; and APPROVE the use of City funds to support the public event during Black History Month, in an amount not to
exceed approximately $12,000 – City Manager’s Office
(Shasa Curl 510-620-6512).

AGENDA
REPORT
132

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February 6, 2024
DISCUSSION:

On January 29, 2024, the City of Richmond received the somber news of the passing of former Mayor Irma Anderson. In recognition of Mayor Anderson’s dedicated service to Richmond and her impactful life, City staff would like to hold a celebration of life service scheduled for mid- to late-February 2024. This chosen timeframe holds special significance as February marks Black History Month, a fitting tribute to Mayor Anderson, who proudly served as Richmond’s first African American Mayor

While the details of the event are yet to be finalized, the proposed components for the day may encompass the following:

 A formal acknowledgment by the City of Richmond, commemorating Irma L.

Anderson's historic role as the first African American woman mayor in Richmond.

This tribute may include proclamations, a slide show, and a public display featuring pictures and information about Mayor Anderson’s life and contributions.  An opportunity for elected officials, organizations, and members of the public to share their memories and sentiments about the former mayor. This can be done either in-person or through pre-recorded videos.
 Potential performances by local groups to add a celebratory dimension to the event.
 A reception, complete with light refreshments and beverages.

City staff recommends hosting the event at the Richmond Auditorium during workday hours. While the estimated cost for the use of the space is approximately $6,610 (excluding a $3,000 refundable deposit), as a city-sponsored event, the City of Richmond would not charge itself for utilizing the facilities. Nevertheless, for transparency and information purposes, the estimated facility costs that would typically be charged are outlined below:

Items Total
Application $50
Kitchen Use $206
Hourly Event Rate (9 hours @ $642/hour) $5,778
Podium $36
Rectangle Tables (30 @ $4.00/table) $120
Round tables (30 @ $4.00/table) $120
Chairs (300 @ $1.00/chair) $300

ESTIMATED TOTAL $6,610
133

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February 6, 2024

Considering the potential program for the service, City staff time would be dedicated to supporting both the planning and day-of activities. Understanding the daily operational needs of the City, the City Manager will be mindful of the impact on City staff. For instance, Auditorium staff may be required to assist in preparing the space and managing activities during the event. Staff may contribute to the development of a piece on Mayor Anderson, either for presentation during the service or for future broadcast on Richmond's television channel, providing a lasting tribute for the community and future generations.

It is important to note that any associated costs, including expenses for items such as food, beverages, decorations, etc., will either be covered using existing budgets from City departments or funds will be raised externally to support the event. In total, the City Manager seeks authorization to spend up to $12,000 on this historical commemorative event.

Irma Anderson had a commitment to public service. As the mayor of Richmond, she worked to create positive change, uplift the community, and champion the causes that mattered most to the residents she served. Her leadership was characterized by a deep sense of responsibility and an unyielding belief in the potential for progress and unity in the city she loved. City staff believes it is fitting and essential that we celebrate her life.

Mayor Anderson's unwavering commitment to public service, demonstrated during her tenure as the mayor of Richmond, remains a testament to her enduring legacy. She dedicated herself to fostering positive change, uplifting the community, and advocating for the causes that held significance for the residents she served. Her leadership was marked by a deep sense of responsibility and a belief in the potential for progress and unity within the city she loved. In coming together to celebrate the life of Mayor Irma Anderson, we aim to create a meaningful and respectful tribute befitting her legacy and contributions to the City of Richmond.

A WINDOW INTO THE LIFE OF FORMER MAYOR IRMA ANDERSON

Mayor Anderson was the youngest of three children born and raised in Boston, Massachusetts. Mayor Anderson attended high school in Boston where she was very active in school activities and became president of the student body, was the high school valedictorian and graduated with honors. She attended Cornell School of Nursing and was the second Black student to attend and graduate. In 1959 she came to Richmond, California with her husband the late Reverend Booker T. Anderson Jr., a 134

Page 4 of 5 ends

February 6, 2024
former Mayor and City Councilman for the City of Richmond and Pastor of Easter Hill United Methodist Church.

Mayor Anderson was employed by the Contra Costa County Health Department as a staff Public Health Nurse and worked in every classification advancing to the highest level as Director of Public Health Nursing. Mayor Anderson was the first Black Assistant Director and the first Director of Public Health Nursing in Contra Costa County.

She attended UC Berkeley School of Public Health, where she received her Master’s degree. During her professional career at Contra Costa County Health Department, she was actively involved with several professional organizations; she served on the National Credentialing Board of the American Nurses Association, served several terms as a governing Council member with the American Public Health Association, and also served on the Board of Local Directors, Public Health Nursing. Mayor Anderson also served as a non-salaried clinical instructor in Community Health for the UC School of Nursing in San Francisco. Upon retiring as Director of Public Health Nursing in 1992, Mayor Anderson ran for Richmond City Council. She was successful and became the first Black female City Councilmember on the Richmond City Council. In 1997 Mrs.

Anderson was re-elected to the Richmond City Council. In 2001, Mayor Anderson ran for the Richmond Mayor and was successful in becoming the first Black female elected mayor of a major California city.

During her tenure as Mayor, Mrs. Anderson was instrumental in developing a historic partnership with the West Contra Costa Unified School District dubbed Kids! First to cultivate and expand after-school programs throughout Richmond. The Kids! First partnership secured over $1.8 million dollars to begin 3 pilot after-school programs in the City. Additionally, Mrs. Anderson was successfully lobbying hard to secure Richmond its fair share of transportation dollars which include $12 million from the State for a Richmond Ferry Service in 2010. She was a part of the council that helped to renovate the Civic Center, continuing work on the Council’s commitment to the Civic Center Master Plan.

Mayor Anderson held a “Richmond Rises Above Violence Conference” and encouraged the City Council to adopt a public health approach to violence prevention. Subsequently, the City created an Office of Violence Prevention, which later became the Office of Neighborhood Safety, a nationally recognized violence intervention strategy.

During her tenure as mayor, Mayor Anderson served on numerous boards and commissions for the benefit of Richmond residents, more than could possibly be listed Mayor Anderson was inspired by Congresswoman Shirley Chisholm who, in 1968, 135

Page 5 of 5 ends

February 6, 2024
became the first black woman to be elected to the United States Congress. Ms.

Anderson’s favorite quote from Shirley Chisholm was “Service is the rent we pay for the privilege of living on this earth.” The City of Richmond thanks Mayor Anderson for her service.

DOCUMENTS ATTACHED:

None

136

Page 1 of 3 ends

February 6, 2024

Community Development

DATE: February 6, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development

Subject:

Contract Amendment No. 1 with CSW/ST2 for Miraflores
Project
FINANCIAL IMPACT: Funds for the contract are included in the Successor Agency FY 2023-24 budget (Account string 61327066 –
400201 – 07F63).

PREVIOUS COUNCIL
ACTION:

September 19, 2023

STATEMENT OF THE
ISSUE:

City staff requests City Council authorization to execute Contract Amendment No. 1 with CSW/ST2 for additional
scope and budget to complete professional design
services for the interpretative signage at the Miraflores Sustainable Greenbelt, preparation of construction plans and bid documents for the rehabilitation of certain historic resources, and completion of certain muti-year
monitoring required for permits received for the Baxter Creek restoration project located within the Greenbelt.

RECOMMENDED ACTION:

APPROVE Contract Amendment No. 1 with CSW/ST2 to
increase the contract by $98,406, for a total not-to-
exceed amount of $315,729, for a term ending December
31, 2025, for professional design services for the
interpretative signage at the Miraflores Sustainable
Greenbelt, preparation of construction plans and bid
documents for the rehabilitation of certain historic
resources, and multi-year monitoring related to Baxter
Creek at Miraflores – Community Development
Department (Lina Velasco 510-620-6841).

AGENDA
REPORT
137

Page 2 of 3 ends

February 6, 2024
DISCUSSION:

The Successor Agency previously held a contract with Vallier Design Associates (VDA) for the Miraflores Sustainable Greenbelt project, which expired in December 2016. Due to the contract expiring while the work was in progress, VDA’s services were continued under an on-call contract Public Works (PW) had with VDA. However, the PW contract inadvertently expired on June 30, 2023, while the project was still in progress. VDA merged with CSW/ Stuber-Stroeh Engineering Group, Inc (CSW/ST2) in 2022.

Therefore, on September 19, 2023, the City Council approved a sole-source contract with CSW/ST2 to provide additional landscape, architectural, engineering, and construction management services for the Miraflores Greenbelt project. The scope included the Japanese American Confinement Sites Grant interpretative program, also partially funded by a Richmond Rotary centennial grant, as well as the preparation of the construction plans and Bid documents for the relocation and rehabilitation of the Sakai and Oishi historic structures proposed within the Greenbelt area and Miraflores project site.

An amendment to the scope is needed to incorporate additional tasks, including updating the previous construction plans to align with the current 2022 California Building Code, engaging a fire sprinkler subconsultant, designing the foundation, and developing restoration plans for the water tank and pump house. Additionally, funds are to be added to complete the multi-year (five-year) monitoring obligations required as part of the permits for the restoration of Baxter Creek at the site.

This work would be funded from the proceeds generated by the sale of the Miraflores project site, along with a National Park Service Japanese American Confinement Sites (JACS) grant aimed to tell the story of the Japanese families that once occupied the site but were sent to internment camps during World War II.

The JACS Grant and Interpretative Panels project anticipated schedule is:

January 2024 Prepare and present draft interpretive panel designs with stakeholders
Submit site work drawings to City of Richmond
for permitting
February- March 2024 Update and finalize interpretive panel content and design
Respond to permit department comments on site
work drawings and prepare resubmittal and bid
set for frames and site work
March - May 2024 Bid and award site work and sign frame fabrication and installation
Send interpretive signage graphics/art to KVO for
sign panel production
June - August 2024 Installation of site work, sign frames and interpretive panels
138

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February 6, 2024

In regard to the Historic Structures Relocation and Rehabilitation project, below is the anticipated schedule for the work:

April 2024 Permit package submittal for former Oishi and Sakai Homes May 2024 Prepare costs estimate for Rehabilitation June Preparing Construction Bid Documents Summer Project Bidding/Contractor Selection Fall Begin Rehabilitation Work

As part of the Baxter Creek restoration work, the City is responsible for annual monitoring and reporting for 10 years, until 2029. The contract includes resources to complete this required monitoring and reporting.

DOCUMENTS ATTACHED:

Attachment 1 – Amendment No. 1
Attachment 2 – Original Contract
139

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

140
Contract Amendment/EJ/TE 09-26-07

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

141
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

142

121 Park Place
Richmond, CA 94801
www.cswst2.com

Berkeley
Novato
Petaluma
Pleasanton
Redwood City
Richmond
San Jose
Bend, OR
Adaptive Solutions, Resilient Designs

Project #: 2300016
Purchase Order#24200619
December 28, 2023

Ms. Lina Velasco, Director of Community Development
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804

RE.: MIRAFLORES SUSTAINABLE GREENBELT PROJECT - PURCHASE ORDER#24200619

EXTRA SERVICES REQUEST TO LANDSCAPE ARCHITECTURAL SERVICES CONTRACT

FOR REHABILITATION OF HISTORIC STRUCTURES AND CREEK MONITORING

Dear Lina,

We request additional services for the Miraflores Sustainable Greenbelt Project for work not included in our original design services proposal.

Additional work by the TreanorHL and CSW|ST2 team will include updating the existing drawings to the most recent building code cycle, preparation of construction documents for the water tank and pump house, sprinkler drawings for the Sakai and Oishi houses, and an 8% contingency for construction administration phase for unforeseen conditions.

We also request additional services for the required Baxter Creek monitoring work by Restoration Design group. The following is the additional scope and fee for the two subconsultants:

ADDITIONAL SERVICES SCOPE AND FEE
TreanorHL – Historic Structures Work - $67,506.00
Additional Task #1 - $30,154.00
- TreanorHL - $11,954.00
- Update drawings to 2022 CBC code. Review and update existing drawings to conform to - any relevant code changes since the drawings were previously issued. - Added time to respond to permit comments
- Added time for RFI responses during construction
- Cost estimate coordination and review
- Bid analysis
- eDesignC - $7,800.00
- Project restart including review of OPR.
- Update drawings to 2022 codes. Including product number updates for M, E, and P.

Plumbing fixture flow updates to meet 2022 Cal Green.
- Revise T24.
- Leland Saylor Associates - $10,400.00
- The cost estimate will be based upon the 100% CD set for all four buildings and will be completed once the drawings have been updated to the 2022 building code. 143
MIRAFLORES SUSTAINABLE GREENBELT PROJECT - PURCHASE ORDER#24200619

EXTRA SERVICES REQUEST TO LANDSCAPE ARCHITECTURAL SERVICES CONTRACT

FOR REHABILITATION OF HISTORIC STRUCTURES AND CREEK MONITORING

Page 2 of 2 ends

Additional Task #2 - $11,852.00
- Preparation of construction documents for the Water Tank and Pump House including architectural and structural design for both buildings. - TreanorHL $3,500.00
- Pivot Structural Engineering $8,352.00
Additional Task #3 - $18,000.00
- Preparation of sprinkler drawings for permit for the Sakai and the Oishi Houses.

Design Contingency (approx. 8% of base contract + added scope) - $7,500.00 - This hourly as-needed fee will be used to address any unknow conditions or issues that may arise during construction. This will only be billed if needed and as authorized by the client.

Restoration Design Group – Baxter Creek 10-Year Monitoring Work for Agencies - $22,400.00 - 2024 (Year 5): $ 7700.00
- 2025 (Year 6): $ 0.00
- 2026 (Year 7): $ 3500.00
- 2027 (Year 8): $ 0.00
- 2028 (Year 9): $ 3500.00
- 2029 (Year 10): $ 7700.00
- TOTAL $ 22,400.00

CSW|ST2 – Historic Structures Work - $8,500.00
- Update drawings to current CBC code.
- Additional site work to accommodate move of Sakai complex - Additional permit submittal and response to comments
- Cost estimate coordination and review

We request a total of $98,406.00 for additional work outlined above be added to our existing contract purchase order.

Thank you for the opportunity to continue our work on this important and inspiring project. I look forward to hearing from you, and please call if you have any questions.

Sincerely,
CSW|ST2 ENGINEERING GROUP, INC.

Marcia D. Vallier, PLA, ASLA,
Senior Project Manager, Landscape Architect CA L#3293, OR L#746

ENC.: TreanorHL Proposal 11-30-2023

144
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
146
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

147
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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.

148

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
3/30/2023
AssuredPartnersDesignProfessionalsInsuranceServices,LLC 3697Mt.DiabloBlvd.,Suite230
LafayetteCA94549
NancyFerrick
510-272-1400
[email protected]
License#:6003745
USSpecialtyInsuranceCompany
29599
CSWSENG-01
SentinelInsuranceCompany
11000
CSW/Stuber-StroehEngineeringGroupInc
504RedwoodBlvd.,Suite310
NovatoCA94947
HartfordAccidentandIndemnityCompany
22357

HARTFORDINSURANCECOMPANY
38288
1512885244
B
X
2,000,000
X
1,000,000
X
ContractualLiab
10,000
Included
2,000,000
4,000,000
X
X
Y
Y
57SBWBO0500
3/31/2023
3/31/2024
4,000,000
C
1,000,000
X
X
X
Y
Y
57UEGBC2987
3/31/2023
3/31/2024
B
X
X
4,000,000
Y
57SBWBO0500
3/31/2023
Y
3/31/2024
4,000,000
X
10,000
D
X
Y
57WEGAL1BZF
3/31/2023
3/31/2024
1,000,000
1,000,000
1,000,000
A
ProfessionalLiability
USS2333699
3/31/2023
3/31/2024
PerClaim
AggregateLimit
$2,000,000
$4,000,000
UmbrellaLiabilitypolicyisfollow-formtounderlying:GeneralLiability/AutoLiability/Employer'sLiability.

RE:AllOperationsoftheNamedInsured.TheCityofRichmond,itsofficers,officials,employees,agentsandvolunteersareAdditionalInsuredtoGeneral LiabilityandAutomobileLiabilityasrequiredbywrittencontractoragreement.Insuranceisprimaryandnon-contributoryperpolicyform.Scheduleof UnderlyingCoveragetoUmbrella:GeneralLiability,AutoLiabilityandEmployer'sLiability.TheUmbrellaisfollowform.AWaiverofSubrogationappliesto GeneralLiability,AutoLiabilityandWorkers'Compensation. 30DaysNoticeofCancellation.DEDUCTIBLES:ProfessionalLiabilityDeductible=$35,000per claim. ExcessLiabilitySIR=$10,000eachoccurrence.OtherLiabilityDeductibles=$0. 30DayNoticeofCancellation
CityofRichmond
450CivicCenterPlaza
Richmond,CA94804
149
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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150

4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.

5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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151

BUSINESS LIABILITY COVERAGE FORM
(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

Page 12 of 24 ends

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BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1) Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough . above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1) Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal
(a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24
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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence LimitSupervisory, inspection,
architectural or engineering 2.a. 2.bSubject to or above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with

4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc. Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits
In the case of damage by fire, lightning orThe most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.

Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations.

The most we will pay on behalf of a person orb. Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a. The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b. The Limits of Insurance shown in theowned by or rented to you.

Declarations."Location" means premises involving the
Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad.

Page 14 of 24 ends

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BUSINESS LIABILITY COVERAGE FORM
(1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, 3.limit set forth in Paragraph above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance.

No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy
e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.

You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and a. b.Paragraphs and apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is an individual;If a claim is made or "suit" is brought
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:

Form SS 00 08 04 05 Page 15 of 24
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BUSINESS LIABILITY COVERAGE FORM
f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance isb. With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists, follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:
b. Excess Insurancea. To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or
contingent or on any other basis:b. To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied
with. That is Fire, Extended Coverage,
Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative.

That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance, "property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies:
(4) Aircraft, Auto Or Watercrafta. As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob. Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought. A.Section – Coverages.

6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property damage" to borrowed equipment or(1) The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2) Those statements are based upon Coverages.representations you made to us; and

Page 16 of 24 ends

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(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
(a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24
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COMMERCIAL AUTOMOBILEHA99 160312THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENTThisendorsement modifiesinsuranceprovidedunder the following:BUSINESS AUTOCOVERAGE FORMTotheextentthattheprovisionsofthisendorsementprovidebroaderbenefitstothe"insured"thanotherprovisionsoftheCoverage Form, the provisionsofthis endorsementapply.1.BROAD FORM INSURED d.Any"employee"ofyourswhileusingacovered"auto"youdon'town,hireor A.SubsidiariesandNewlyAcquiredor borrowinyourbusinessoryourFormed Organizations personal affairs.TheNamedInsuredshowninthe C.Lessorsas InsuredsDeclarations is amended to include: ParagraphA.1.-WHOISANINSURED-of (1)Anylegalbusinessentityotherthana SectionII-LiabilityCoverageisamendedtopartnershiporjointventure,formedasa add:subsidiaryinwhichyouhaveanownershipinterestofmorethan50%on e.Thelessorofacovered"auto"whilethe theeffectivedateoftheCoverage Form. "auto"isleasedtoyouunderawritten However,theNamedInsureddoesnot agreementif:includeanysubsidiarythatisan (1)Theagreementrequiresyouto"insured"underanyotherautomobile providedirectprimaryinsurancefor policyorwouldbean"insured"under the lessor andsuchapolicybutforitsterminationor (2)The "auto"isleasedwithouta driver.the exhaustionofits LimitofInsurance.Suchaleased"auto"willbeconsidereda (2)Anyorganizationthatisacquiredor covered"auto"youownandnotacovered formedbyyouandoverwhichyou "auto"you hire.maintainmajorityownership.However,theNamedInsured doesnot include any D.AdditionalInsuredifRequiredbyContractnewly formedor acquired organization: (1)ParagraphA.1.-WHOISANINSURED(a)Thatisapartnershiporjoint -ofSectionII-LiabilityCoverageisventure, amended to add:(b)Thatisan"insured"underanyother f.Whenyouhaveagreed,inawrittenpolicy, contractorwrittenagreement,thata (c)ThathasexhausteditsLimitof personororganizationbeaddedasInsurance underany other policy, or anadditionalinsuredonyourbusiness auto policy, such personor (d)180daysormoreafterits organization is an "insured", but only acquisitionorformationbyyou, totheextentsuchpersonorunlessyouhavegivenusnoticeof organizationisliablefor"bodilythe acquisitionor formation. injury"or"propertydamage"causedCoveragedoesnotapplyto"bodily by the conduct of an"insured" under injury"or"propertydamage"thatresults paragraphsa.orb.ofWhoIsAnfroman"accident"thatoccurredbefore Insuredwithregardtotheyouformed oracquiredtheorganization. ownership,maintenanceoruseofa B.Employees asInsureds covered"auto."ParagraphA.1.-WHOISANINSURED-of SECTIONII-LIABILITYCOVERAGEis amended to add:© 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 1of5of ISOProperties,Inc.,with itspermission.) 57UEGBC2987158
E.PrimaryandNon-ContributoryifTheinsuranceaffordedtoanysuch RequiredbyContractadditionalinsuredappliesonlyifthe"bodilyinjury"or"propertydamage" Onlywithrespecttoinsuranceprovidedtooccurs: anadditionalinsuredin1.D.-Additional(1)During the policyperiod, and InsuredIfRequiredbyContract,the followingprovisions apply:(2)Subsequenttothe execution of suchwritten contract, and (3)PrimaryInsuranceWhenRequiredByContract(3)Priortotheexpirationoftheperiod oftimethatthewrittencontract Thisinsuranceisprimaryifyouhaverequiressuchinsurancebe provided agreedinawrittencontractorwrittento the additionalinsured. agreementthatthisinsurancebeprimary.Ifotherinsuranceisalso (2)HowLimits Apply primary,wewillsharewithallthatotherIfyouhaveagreedinawrittencontract insurancebythemethoddescribedinorwrittenagreementthatanother OtherInsurance5.d.personororganizationbeaddedasan (4)PrimaryAndNon-ContributoryToOtheradditionalinsuredonyourpolicy,the Insurance When Required ByContractmostwewillpayonbehalfofsuchadditionalinsuredisthelesserof: Ifyouhaveagreedinawrittencontractorwrittenagreementthatthisinsurance(a)Thelimitsofinsurancespecifiedin isprimaryandnon-contributorywiththe thewrittencontractorwritten additionalinsured'sowninsurance,this agreement; or insuranceisprimaryandwewillnot(b)TheLimitsofInsuranceshownin seekcontributionfromthatotherthe Declarations. insurance.Suchamountshallbeapartofandnot (3)(4)Paragraphsanddonotapplytoother inadditiontoLimitsofInsuranceshown insurancetowhichtheadditionalinsuredintheDeclarationsanddescribedinthis hasbeen addedas anadditional insured.Section. Whenthisinsuranceisexcess,wewillhaveno (3)AdditionalInsuredsOther Insurancedutytodefendtheinsuredagainstany"suit"if Ifwecoveraclaimor"suit"underthis anyotherinsurerhasadutytodefendtheCoveragePartthat may also becoveredinsuredagainstthat"suit".Ifnootherinsurerbyotherinsuranceavailabletoan defends,wewillundertaketodoso,butwewilladditionalinsured,suchadditionalbeentitledtotheinsured'srightsagainstallinsuredmustsubmitsuchclaimor"suit" those other insurers. totheotherinsurerfordefenseandWhenthisinsuranceisexcessoverotherindemnity. insurance,wewillpayonlyourshareofthe However,thisprovisiondoesnotapplyamountoftheloss,ifany,thatexceedsthesumtotheextentthatyouhaveagreedina of:writtencontractorwrittenagreement (1)Thetotalamountthatallsuchotherthatthisinsuranceisprimaryandnon- insurancewouldpayforthelossinthecontributorywiththeadditionalinsured'sabsenceofthisinsurance; andowninsurance. (2)Thetotalofalldeductibleandself-insured (4)DutiesinTheEventOfAccident,Claim, amountsunder allthat other insurance.Suitor Loss Wewillsharetheremainingloss,ifany,bythe Ifyouhaveagreedinawrittencontractmethoddescribed in OtherInsurance5.d.orwrittenagreementthatanother 2.AUTOSRENTEDBY EMPLOYEESpersonororganizationbeaddedasan additionalinsuredonyourpolicy,the Any"auto"hiredorrentedbyyour"employee"additionalinsuredshallberequiredto onyourbehalfandatyourdirectionwillbecomplywiththeprovisionsinLOSS considered an"auto"you hire.CONDITIONS2.-DUTIESINTHEThe OTHER INSURANCEConditionisamendedEVENTOFACCIDENT,CLAIM,SUIT byaddingthefollowing:ORLOSS–OFSECTIONIV–BUSINESSAUTOCONDITIONS,inthesame manner astheNamedInsured.© 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 2of5of ISOProperties,Inc.,with itspermission.) 159
5PHYSICALDAMAGE- ADDITIONALIfan"employee’s"personalinsurancealso .TEMPORARYTRANSPORTATIONEXPENSE appliesonanexcessbasistoacovered"auto" COVERAGEhiredorrentedbyyour"employee"onyourbehalfandatyourdirection,thisinsurancewill ParagraphA.4.a.ofSECTIONIII-PHYSICAL beprimarytothe"employee’s"personalDAMAGECOVERAGEisamendedtoprovideainsurance. limitof$50perdayandamaximumlimitof3.AMENDED FELLOW EMPLOYEEEXCLUSION $1,000.6.LOAN/LEASE GAP COVERAGEEXCLUSION5.-FELLOWEMPLOYEE-of SECTIONII-LIABILITYCOVERAGEdoesnot UnderSECTIONIII-PHYSICALDAMAGE applyifyouhaveworkers'compensation COVERAGE,intheeventofatotal"loss"toa insurancein-forcecoveringall ofyour covered"auto",wewillpayyouradditionallegal "employees". obligationforanydifferencebetweentheactualCoverageisexcessoveranyothercollectible cashvalueofthe"auto"atthetimeofthe"loss"insurance. andthe"outstanding balance"oftheloan/lease.4.HIREDAUTOPHYSICALDAMAGECOVERAGE "Outstandingbalance"meanstheamountyou oweontheloan/leaseatthetimeof"loss"less Ifhired"autos"arecovered"autos"forLiability anyamountsrepresentingtaxes;overdueCoverageandifComprehensive,Specified payments;penalties,interestorchargesCausesofLoss,orCollisioncoveragesare resultingfromoverduepayments;additionalprovidedunderthisCoverageFormforanymileagecharges;excess wearand tear charges;"auto"youown,thenthePhysicalDamage leaseterminationfees;securitydepositsnot Coveragesprovidedareextendedto"autos" you returnedbythelessor;costsforextendedhire orborrow,subject to the followinglimit. warranties,creditlifeInsurance,health,accidentThemostwewillpayfor"loss"toanyhired or disability insurancepurchased withtheloanor "auto"is: lease;andcarry-overbalancesfromprevious(1)$100,000; loans orleases.(2)Theactualcashvalueofthedamagedor 7.AIRBAGCOVERAGEstolenpropertyatthetimeofthe"loss"; or UnderParagraphB.EXCLUSIONS-of (3)Thecostofrepairingorreplacingthe SECTIONIII - PHYSICALDAMAGE damaged orstolen property, COVERAGE, the followingisadded:whicheverissmallest,minusadeductible.The Theexclusionrelatingtomechanicalbreakdowndeductiblewillbeequaltothelargestdeductible doesnotapplytotheaccidentaldischargeofanapplicabletoanyowned"auto"forthat airbag.coverage. No deductibleapplies to "loss"caused 8.ELECTRONICEQUIPMENT-BROADENEDby fireor lightning. Hired Auto Physical DamageCOVERAGEcoverageisexcessoveranyothercollectible a.TheexceptionstoParagraphsB.4-insurance.Subjecttotheabove limit,deductible EXCLUSIONS-ofSECTIONIII-PHYSICAL andexcessprovisions,wewillprovidecoverageDAMAGECOVERAGEarereplacedbythe equaltothe broadest coverage applicable to anyfollowing:covered"auto"you own. 4.c.4.d.Exclusionsanddonotapplyto Wewillalsocoverlossofuseofthehired "auto" equipmentdesignedtobeoperatedsolelyifitresultsfroman"accident",youarelegally byuseofthepowerfromthe"auto's"liableandthelessorincursanactualfinancial electricalsystemthat,atthetimeof"loss", loss,subjecttoamaximumof$1000per is:"accident". (1)Permanentlyinstalledinorupon Thisextensionofcoveragedoesnotapplyto the covered"auto";any"auto"youhireorborrowfromanyofyour"employees",partners(ifyouareapartnership), (2)Removablefromahousingunitmembers(ifyouarealimitedliabilitycompany), whichispermanentlyinstalledinormembers of theirhouseholds. orupon the covered"auto"; (3)Anintegralpartofthesameunit housinganyelectronic equipmentdescribedinParagraphs(1)and (2)above;or © 2011, The Hartford(Includes copyrightedmaterialFormHA 99160312 Page 3of 5of ISOProperties,Inc.,with itspermission.)160 (4)Necessaryforthenormal IfanotherHartfordFinancialServicesGroup,operation of the covered"auto"or Inc.companypolicyorcoverageformthatisnotthemonitoringofthecoveredan automobilepolicy orcoverage form applies to"auto's"operating system. the same "accident", the followingapplies:b.SectionIII–VersionCA00010310ofthe (1)IfthedeductibleunderthisBusinessAuto BusinessAutoCoverageForm,Physical CoverageFormisthesmaller(orsmallest)DamageCoverage,LimitofInsurance,deductible,it will bewaived;ParagraphC.2andVersionCA00011001of (2)IfthedeductibleunderthisBusinessAutotheBusinessAutoCoverageForm,Physical CoverageFormisnotthesmaller(orDamageCoverage,LimitofInsurance, smallest)deductible,itwillbereducedbyParagraphCareeachamendedtoaddthe theamountofthesmaller(orsmallest)following: deductible.$1,500isthemostwewillpayfor"loss"in 12.AMENDEDDUTIESINTHEEVENTOF anyone"accident"toallelectronicACCIDENT, CLAIM,SUIT OR LOSSequipment(otherthanequipmentdesigned TherequirementinLOSSCONDITIONS2.a.-solelyforthereproductionofsound,andDUTIES IN THE EVENT OF ACCIDENT,CLAIM,accessoriesusedwithsuchequipment)SUITORLOSS-ofSECTIONIV-BUSINESSthatreproduces,receivesortransmits AUTOCONDITIONSthatyoumustnotifyusof audio,visualordatasignalswhich,atthe an"accident"applies only whenthe"accident" istime of "loss", is: knownto:(1)Permanentlyinstalledinorupon(1)You, ifyou arean individual;thecovered"auto"inahousing, (2)Apartner, ifyou area partnership;openingorotherlocationthat is notnormallyusedbythe"auto" (3)Amember,ifyouarealimitedliabilitymanufacturerfortheinstallationof company;orsuchequipment; (4)An executive officer or insurancemanager, if(2)Removablefromapermanently youare acorporation.installedhousingunitasdescribed13.UNINTENTIONALFAILURETODISCLOSE inParagraph2.a.aboveorisan HAZARDSintegral part of thatequipment; or Ifyouunintentionallyfailtodisclose anyhazards(3)Anintegralpartofsuch equipment. existingattheinceptiondateofyourpolicy,wec.Foreachcovered"auto",shouldlossbelimited willnotdenycoverageunderthisCoveragetoelectronicequipmentonly,ourobligationto Formbecause of suchfailure.payfor,repair,returnorreplacedamagedor 14.HIRED AUTO-COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby Paragraphe.ofGENERALCONDITIONS7.-theapplicabledeductibleshowninthe POLICYPERIOD,COVERAGETERRITORY-Declarations,or$250,whicheverdeductibleis ofSECTIONIV-BUSINESSAUTO less. CONDITIONS is replaced bythefollowing:9.EXTRAEXPENSE- BROADENEDe.Forshort-termhired"autos",thecoverageCOVERAGE territorywithrespecttoLiabilityCoverageisUnderParagraphA.- COVERAGE -of SECTION anywhereintheworldprovidedthatiftheIII-PHYSICALDAMAGECOVERAGE,wewill "insured's"responsibilitytopaydamagesfor payfortheexpenseofreturningastolencovered "bodilyinjury"or"propertydamage"is "auto"toyou. determinedina "suit," the "suit" is brought in 10.GLASSREPAIR-WAIVER OFDEDUCTIBLE theUnitedStatesofAmerica,theterritoriesandpossessionsoftheUnitedStatesofUnderParagraphD.-DEDUCTIBLE-ofSECTION America,PuertoRicoorCanadaorina III-PHYSICALDAMAGECOVERAGE,the settlement weagree to.followingisadded: 15.WAIVEROF SUBROGATIONNodeductibleappliestoglassdamageiftheglass is repaired rather than replaced. TRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS-ofSECTIONIV-11.TWO OR MOREDEDUCTIBLES BUSINESSAUTOCONDITIONSisamendedbyUnderParagraphD.-DEDUCTIBLE-ofSECTION adding the following:III-PHYSICALDAMAGECOVERAGE,thefollowingisadded: © 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 4of 5of ISOProperties,Inc.,with itspermission.) 161
Wewaiveanyrightofrecoverywemayhave c.Regardlessofthenumberofautosdeemedaagainstanypersonororganizationwithwhomtotalloss,themostwewillpayunderthisyouhaveawrittencontractthatrequiressuch Hybrid,Electric,orNaturalGasVehiclewaiverbecauseofpaymentswemakefor PaymentCoverageprovisionforanyone damages underthis CoverageForm. "loss"is$10,000.16.RESULTANT MENTAL ANGUISH COVERAGE Forthepurposes of the coverageprovision, Thedefinitionof"bodilyinjury"inSECTIONV- a.A"non-hybrid"autoisdefinedasanautothat DEFINITIONS is replaced bythefollowing: usesonlyaninternalcombustionenginetomovetheautobutdoesnotincludeautos"Bodilyinjury"meansbodilyinjury,sicknessor poweredsolelyby electricityor naturalgas.diseasesustainedbyanyperson,includingmentalanguishordeathresultingfromanyof b.A"hybrid"autoisdefinedasanautowithan these. internalcombustionengineandoneormore electricmotors;andthatusestheinternal17.EXTENDED CANCELLATIONCONDITION combustionengineandoneormoreelectric Paragraph2.oftheCOMMONPOLICY motorstomovetheauto,ortheinternal CONDITIONS-CANCELLATION-applies combustionenginetochargeoneormore except asfollows: electric motors, which move the auto.Ifwecancelforanyreasonotherthan19.VEHICLEWRAPCOVERAGEnonpaymentofpremium,wewillmailordeliver Intheeventofatotallosstoan"auto"forwhichtothefirstNamedInsuredwrittennoticeof Comprehensive,SpecifiedCausesofLoss,orcancellationatleast60daysbeforetheeffective Collisioncoveragesareprovidedunderthisdate of cancellation. CoverageForm,thensuchPhysicalDamage18.HYBRID,ELECTRIC,ORNATURALGAS Coveragesare amended to addthefollowing:VEHICLEPAYMENTCOVERAGE Inadditiontotheactualcashvalue of the "auto", Intheeventofatotallosstoa"non-hybrid"auto wewillpayupto$1,000forvinylvehiclewraps forwhichComprehensive,SpecifiedCausesof whicharedisplayedonthecovered"auto"attheLoss,orCollisioncoveragesareprovidedundertimeoftotalloss.RegardlessofthenumberofthisCoverageForm,thensuchPhysical autosdeemedatotalloss,themostwewillpay Damage Coveragesare amended asfollows: underthisVehicleWrapCoverageprovisionfor a.Iftheautoisreplacedwitha"hybrid"autoor anyone"loss"is$5,000.Forpurposesofthis an auto poweredsolely byelectricity ornaturalcoverageprovision,signsorothergraphicsgas,wewillpayanadditional10%,toa paintedormagneticallyaffixedtothevehiclearemaximumof$2,500,ofthe"non-hybrid"auto’snot considered vehiclewraps.actualcashvalueorreplacementcost, whichever is less,b.Theautomust bereplacedand acopy of abill of sale or new lease agreement received byus within 60calendardays of the date of "loss," © 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 5of 5of ISOProperties,Inc.,with itspermission.)162 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
57WEGAL1BZF
03/31/2023
CSW/Stuber-StroehEngineeringGroupInc
504RedwoodBlvd.,Suite310
Novato,CA94947
03/31/2024
163

QUICK REFERENCEBUSINESS LIABILITY COVERAGE FORMREAD YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORMBeginning onPageA.COVERAGES 1 1Business Liability 2Medical Expenses 2CoverageExtension -SupplementaryPaymentsB.EXCLUSIONS 3C.WHO IS AN INSURED 10D.LIABILITY AND MEDICAL EXPENSESLIMITS OF INSURANCE 14E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS151. 15Bankruptcy2. 15DutiesInTheEventOf Occurrence,Offense,ClaimOrSuit3. 16FinancialResponsibilityLaws4. 16Legal ActionAgainst Us5. 16SeparationOf Insureds6. 16Representations7. 16OtherInsurance8. 17TransferOf RightsOf RecoveryAgainst OthersToUsF.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18AdditionalInsuredsG.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 FormSS 0008 0405
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ABCDEFGHIJ

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

CThe word "insured" means any person or organization qualifying as such under Section . - Who Is An Insured.

GOther words and phrases that appear in quotation marks have special meaning. Refer to Section . - Liability And Medical Expenses Definitions.
(a) The "bodily injury" or "property A. COVERAGES
damage" is caused by an 1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the I NJURY, PROPERTY DAMAGE, PERSONAL "coverage territory";AND ADVERTISING INJURY) (b) The "bodily injury" or "propertyInsuring Agreement damage" occurs during the policy a. We will pay those sums that the insured period; and
becom
es legally obligated to pay as (c) Prior to the policy period, no insureddamages because of "bodily injury", 1.listed under Paragraph of Section"property damage" or "personal and C. – Who Is An Insured and noadvertising injury" to which this insurance "employee" authorized by you to giveappl ies. We will have the right and duty to or receive notice of an "occurrence"def end the insured against any "suit" or claim, knew that the "bodily injury"s eeking those damages. However, we will or "property damage" had occurred,have no duty to defend the insured against in whole or in part. If such a listedany "suit" seeking damages for "bodily insured or authorized "employee"i njury", "property damage" or "personal and knew, prior to the policy period, thatadv ertising injury" to which this insurance the "bodily injury" or "propertydoes not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence"
or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But: damage" during or after the policy period will be deemed to have been(1) The amount we will pay for damages is known prior to the policy period.D.limited as described in Section - (2) To "personal and advertising injury" Liability And Medical Expenses Limits caused by an offense arising out of your Of Insurance; and business, but only if the offense was(2) Our right and duty to defend ends when committed in the "coverage territory" we have used up the applicable limit of during the policy period.insurance in the payment of judgments, c. "Bodily injury" or "property damage" will besettlements or medical expenses to which deem
ed to have been known to havethis insurance applies.
occurred
at the earliest time when anyNo other obligation or liability to pay sums or

1.i
nsured listed under Paragraph of Sectionperform acts or services is covered unless C. –
Who Is An Insured or any "employee"explicitly provided for under Coverage aut
horized by you to give or receive noticeExtension - Supplementary Payments. of an "occurrence" or claim:b. This insurance applies:
(1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property injury" or "property damage" to us or damage" only if: any other insurer; Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford165
BUSINESS LIABILITYCOVERAGE FORM(2) b.Receivesawrittenorverbaldemandor Wewillmakethesepaymentsregardlessof claimfordamagesbecauseofthe"bodily fault.Thesepaymentswillnotexceedthe injury"or"propertydamage";or applicablelimitofinsurance.Wewillpay reasonable expensesfor:(3)Becomesawarebyanyothermeansthat (1)"bodilyinjury"or"propertydamage"has Firstaidadministeredatthetimeofan occurredorhasbeguntooccur. accident;d. (2)Damagesbecauseof"bodilyinjury"include Necessarymedical,surgical,x-rayanddamagesclaimedbyanypersonor dentalservices,includingprosthetic organizationforcare,lossofservicesor devices;anddeathresultingatanytimefromthe"bodily (3)Necessaryambulance,hospital, injury". professionalnursingandfuneral e.IncidentalMedical Malpractice services.(1)"Bodilyinjury"arisingoutofthe 3.COVERAGEEXTENSION-renderingoforfailuretorender SUPPLEMENTARY PAYMENTSprofessionalhealthcareservicesasa a.Wewillpay,withrespecttoanyclaimor physician,dentist,nurse,emergency "suit"weinvestigateorsettle,orany"suit" medicaltechnicianorparamedicshall againstan insured wedefend:bedeemedtobecausedbyan (1)Allexpenses weincur."occurrence", but only if: (2)Upto$1,000forthecostofbailbonds (a)Thephysician,dentist,nurse, requiredbecauseofaccidentsortraffic emergencymedicaltechnicianor lawviolationsarisingoutoftheuseof paramedicisemployedbyyouto anyvehicletowhichBusinessLiability provide suchservices; and Coveragefor"bodily injury"applies. We (b)Youarenotengagedinthe donothave to furnishthesebonds.businessoroccupationofproviding (3)Thecostofappealbondsorbondsto suchservices. releaseattachments,butonlyforbond (2)Forthepurposeofdeterminingthe amountswithintheapplicablelimitof limitsofinsurancefor incidentalmedical insurance.Wedonothavetofurnish malpractice,anyactoromission these bonds.togetherwithallrelatedactsor (4)All reasonable expenses incurred by the omissionsinthefurnishingofthese insuredatour request to assist us in the servicestoanyonepersonwillbe investigationordefenseoftheclaimor considered one"occurrence"."suit",includingactuallossofearnings 2.MEDICAL EXPENSES upto$500adaybecauseoftimeoff InsuringAgreement fromwork.a.Wewillpaymedicalexpensesasdescribed (5)Allcoststaxedagainsttheinsuredin belowfor"bodilyinjury"causedbyan the "suit".accident: (6)Prejudgmentinterestawardedagainst (1)On premisesyou ownor rent; theinsuredonthatpartofthejudgment wepay.Ifwemakeanoffertopaythe (2)Onwaysnexttopremisesyouownor applicablelimitofinsurance,wewillnot rent;or payanyprejudgmentinterestbasedon (3)Becauseofyour operations; that period of time aftertheoffer.provided that: (7)Allinterestonthefullamountofany (1)Theaccidenttakesplaceinthe judgmentthataccruesafterentryofthe "coverageterritory"andduringthe judgmentandbeforewehavepaid, policyperiod; offeredtopay,ordepositedincourtthe partofthejudgmentthatiswithinthe (2)The expenses are incurredand reported applicable limit of insurance.touswithinthreeyearsofthedateof the accident; and (1) (7)Anyamountspaidunderthroughabovewillnotreduce the limits of insurance.(3)Theinjuredpersonsubmitsto examination,atourexpense,byphysiciansofourchoiceasoftenaswe reasonably require.Page 2of24 FormSS 0008 0405166 BUSINESS LIABILITYCOVERAGE FORMb.Ifwedefendaninsuredagainsta"suit" Solongastheaboveconditionsaremet,andanindemniteeoftheinsuredisalso attorneys'feesincurredbyusinthenamedasapartytothe"suit",wewill defenseofthatindemnitee,necessarydefendthatindemniteeifallofthe litigationexpensesincurredbyusandfollowingconditionsare met: necessarylitigationexpensesincurredbytheindemniteeatourrequestwillbe(1)The"suit"againsttheindemnitee paidasSupplementaryPayments.seeksdamagesforwhichtheinsured hasassumedtheliabilityofthe Notwithstandingtheprovisionsof 1.b.(b) B.indemniteeinacontractoragreement ParagraphofSection–thatisan "insured contract"; Exclusions,suchpaymentswillnotbe deemedtobedamagesfor"bodily (2)Thisinsuranceappliestosuchliability injury"and"propertydamage"andwill assumed bytheinsured; not reducetheLimits of Insurance.(3)Theobligation to defend, or the cost of Ourobligationtodefendaninsured's thedefenseof,thatindemnitee,has indemniteeandtopayforattorneys'fees alsobeenassumedbytheinsuredin andnecessarylitigationexpensesas the same "insured contract"; Supplementary Paymentsends when:(4)Theallegationsinthe"suit"andthe (1)Wehaveuseduptheapplicablelimit informationweknowaboutthe ofinsuranceinthepaymentof "occurrence"aresuchthatnoconflict judgments orsettlements; orappearstoexistbetweentheinterests (2)oftheinsuredandtheinterestofthe Theconditionssetforthabove,ortheindemnitee; termsoftheagreementdescribedin(6)Paragraphabove,arenolongermet.(5)Theindemniteeandtheinsuredask ustoconductandcontrolthedefense B.EXCLUSIONSofthatindemniteeagainstsuch"suit" 1.ApplicableTo Business LiabilityCoverageandagreethatwecanassignthe Thisinsurancedoes not apply to:samecounseltodefendtheinsured andtheindemnitee;and a.ExpectedOrIntendedInjury(6)The indemnitee: (1)"Bodilyinjury"or"propertydamage" expectedorintendedfromthe (a)Agreesinwritingto: standpointoftheinsured.This (i)Cooperatewithusinthe exclusiondoesnotapplyto"bodily investigation,settlementor injury"or"propertydamage"resulting defense of the "suit"; fromtheuseofreasonableforceto (ii)Immediately sendus copies of protectpersons orproperty; oranydemands, notices, (2)"Personalandadvertisinginjury"arisingsummonsesorlegalpapers outofanoffensecommittedby,atthereceivedinconnectionwith directionoforwiththeconsentorthe "suit"; acquiescenceoftheinsuredwiththe(iii)Notify any otherinsurerwhose expectationofinflicting"personalandcoverageisavailabletothe advertisinginjury".indemnitee; and b.ContractualLiability(iv)Cooperatewithuswith (1)"Bodilyinjury"or"propertydamage";orrespecttocoordinatingother (2)"Personal andadvertisinginjury"applicableinsuranceavailable to the indemnitee; and forwhichtheinsuredisobligatedtopay damagesbyreasonoftheassumptionof(b)Providesuswithwritten liabilityina contractor agreement.authorizationto: Thisexclusiondoesnotapplytoliability (i)Obtainrecordsandother for damages becauseof:informationrelatedtothe "suit"; and (a)"Bodilyinjury","propertydamage"or"personalandadvertisinginjury"that(ii)Conductandcontrolthe theinsuredwouldhaveinthedefenseoftheindemniteein absenceofthecontractorsuch"suit". agreement;orFormSS 0008 0405 Page 3of24167 BUSINESS LIABILITYCOVERAGE FORM(b) (b)"Bodilyinjury"or"propertydamage" Performingdutiesrelatedtotheassumed in a contract oragreement conductoftheinsured’sbusiness,orthatisan"insuredcontract", (2)Thespouse,child,parent,brotheror providedthe"bodilyinjury"or sisterofthat"employee"asa "property damage" occurs (1)consequenceofabove.subsequenttotheexecutionofthe Thisexclusion applies:contractoragreement.Solelyfor (1)Whethertheinsuredmaybeliableas thepurposeofliabilityassumedin anemployerorinanyothercapacity; an"insuredcontract",reasonable andattorneys'feesandnecessarylitigation expenses incurred by or for (2)Toanyobligationtosharedamages apartyotherthananinsuredare withorrepaysomeoneelsewhomustdeemedtobedamagesbecauseof paydamagesbecause of the injury."bodilyinjury"or"propertydamage" Thisexclusiondoesnotapplytoliability provided: assumedbytheinsuredunderan"insured (i)Liabilitytosuchpartyfor,orfor contract".thecostof,thatparty’sdefense f.Pollutionhasalsobeenassumedinthe (1)"Bodilyinjury","propertydamage"or same"insuredcontract",and "personalandadvertisinginjury" (ii)Suchattorneys'feesand arisingoutoftheactual,allegedor litigationexpensesarefor threateneddischarge,dispersal, defenseofthat party against a seepage,migration,releaseorescape civiloralternativedispute of "pollutants":resolutionproceedinginwhich (a)Atorfromanypremises,siteor damagestowhichthis locationwhichisorwasatanyinsurance appliesare alleged. timeownedoroccupiedby,or c.Liquor Liability rentedorloanedtoanyinsured. "Bodilyinjury"or"propertydamage"for However,thissubparagraphdoes whichanyinsuredmaybeheldliableby not apply to:reasonof: (i)"Bodilyinjury"ifsustainedwithin(1)Causingorcontributingtothe abuildingandcausedbyintoxicationofany person; smoke,fumes,vapororsootproducedbyororiginatingfrom(2)Thefurnishingofalcoholicbeveragesto equipmentthatisusedtoheat,apersonunderthelegaldrinkingageor coolordehumidifythebuilding,undertheinfluenceofalcohol;or orequipmentthatisusedto(3)Anystatute,ordinanceorregulation heatwaterforpersonaluse,byrelatingtothesale,gift,distributionor thebuilding'soccupantsortheiruseofalcoholicbeverages. guests;Thisexclusionappliesonlyifyouareinthe (ii)"Bodilyinjury"or"propertybusinessofmanufacturing,distributing, damage"forwhichyoumaybeselling,servingorfurnishingalcoholic heldliable,ifyouareabeverages. contractorandtheownerord.Workers'CompensationAndSimilar lesseeofsuchpremises,site orLaws location hasbeenaddedtoyourAnyobligationoftheinsuredundera policyasanadditionalinsuredworkers'compensation,disabilitybenefits withrespecttoyourongoingorunemploymentcompensationlawor operationsperformedforthatanysimilar law. additional insuredatthatpremises,siteorlocationande.Employer’sLiability suchpremises,siteorlocation"Bodilyinjury" to: isnotandneverwasownedor(1)An"employee"oftheinsuredarising occupiedby,orrentedorout of andinthecourse of: loanedto,anyinsured,other(a)Employmentby the insured;or thanthatadditionalinsured;or

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BUSINESS LIABILITYCOVERAGE FORM(iii)"Bodilyinjury"or"property releasedaspartofthe damage"arisingoutofheat, operationsbeingperformed smokeorfumesfroma bysuchinsured,contractoror "hostile fire"; subcontractor;(b) (ii)Atorfromanypremises,siteor "Bodilyinjury"or"propertylocationwhichisorwasatany damage"sustainedwithinatimeusedbyorforanyinsuredor buildingandcausedbytheothersforthehandling,storage, releaseofgases,fumesordisposal,processingortreatment vaporsfrommaterialsbroughtof waste; intothatbuildinginconnectionwithoperationsbeingperformed(c)Whichareorwereatanytime byyouoronyourbehalfbyatransported,handled,stored, contractororsubcontractor;ortreated,disposedof,orprocessed (iii)aswasteby orfor: "Bodilyinjury"or"property damage"arisingoutofheat, (i)Anyinsured; or smokeorfumesfroma (ii)Anypersonororganizationfor "hostile fire"; orwhomyoumaybelegally (e)Atorfromanypremises,siteorresponsible; locationonwhichanyinsuredorany(d)Atorfromanypremises,siteor contractorsor subcontractorslocationonwhichanyinsuredor workingdirectlyorindirectlyonanyanycontractorsorsubcontractors insured’sbehalfareperformingworkingdirectlyorindirectlyon operationsiftheoperationsaretoanyinsured'sbehalfare testfor,monitor,cleanup,remove,performingoperationsifthe contain,treat,detoxifyorneutralize,"pollutants"arebroughtonorto orinanywayrespondto,orassessthepremises,siteorlocationin theeffectsof,"pollutants".connectionwithsuchoperations (2)Anyloss,costorexpensearisingout bysuchinsured,contractoror of any:subcontractor.However,this (a)subparagraphdoes not apply to: Request, demand, order or statutoryorregulatoryrequirementthatany(i)"Bodilyinjury"or"property insuredorotherstestfor,monitor,damage"arisingoutofthe cleanup,remove,contain,treat,escapeoffuels,lubricantsor detoxifyorneutralize,orinanywayother operating fluidswhichare respondto,orassesstheeffectsof,neededtoperformthenormal "pollutants";orelectrical, hydraulic or (b)mechanical functions Claimorsuitbyoronbehalfofa necessaryfortheoperationof governmentalauthorityfor "mobile equipment" or itsparts, damagesbecauseoftestingfor,if such fuels, lubricants orother monitoring,cleaning up, removing, operatingfluidsescapefroma containing,treating,detoxifyingor vehiclepartdesignedtohold, neutralizing,orinanyway storeorreceivethem.This respondingto,orassessingthe exceptiondoesnotapplyifthe effects of,"pollutants"."bodilyinjury"or"property However,thisparagraphdoesnot damage"arisesoutofthe applytoliabilityfordamagesbecause intentionaldischarge,dispersal of"propertydamage"thattheinsured orreleaseofthefuels, wouldhaveintheabsenceofsuch lubricantsorotheroperating request,demand,orderorstatutoryor fluids,orifsuchfuels, regulatoryrequirement,orsuchclaim lubricantsorotheroperating or"suit"byoronbehalfofa fluidsarebroughtonortothe governmental authority.premises,siteorlocationwiththeintentthattheybedischarged, dispersedor FormSS 0008 0405 Page 5of24169
BUSINESS LIABILITYCOVERAGE FORMg.Aircraft,AutoOrWatercraft (2)Theuseof"mobileequipment"in,or whileinpracticeorpreparationfor,a"Bodilyinjury"or"propertydamage"arising prearrangedracing,speedor outoftheownership,maintenance,useor demolitioncontestorinanystunting entrustmenttoothersofanyaircraft,"auto" activity.or watercraft owned or operated by or rented i.Warorloanedtoanyinsured.Useincludesoperationand"loadingorunloading". "Bodilyinjury","propertydamage"orThisexclusionapplieseveniftheclaims "personalandadvertisinginjury",howeveragainstanyinsuredallegenegligenceor caused,arising,directlyorindirectly,outof:otherwrongdoinginthesupervision,hiring, (1)War,includingundeclaredor civil war;employment,trainingormonitoringofothers (2)Warlikeactionbyamilitaryforce, bythatinsured,ifthe"occurrence"which includingactioninhinderingor causedthe"bodilyinjury"or"property defendingagainstanactualordamage" involvedtheownership, expectedattack,byanygovernment, maintenance,use orentrustmenttoothersof sovereignorotherauthorityusinganyaircraft,"auto"orwatercraftthatis military personnel orotheragents; orownedoroperatedbyorrentedorloanedto (3)Insurrection,rebellion,revolution, anyinsured. usurpedpower,oractiontakenby Thisexclusion doesnotapplyto: governmentalauthorityinhinderingor (1)Awatercraftwhileashoreonpremises defendingagainst anyofthese.youown orrent; j.Professional Services(2)Awatercraftyou donotown thatis: "Bodilyinjury","propertydamage"or (a)Lessthan51 feetlong; and "personalandadvertisinginjury"arising outoftherenderingoforfailuretorender (b)Notbeingusedtocarrypersons anyprofessionalservice.Thisincludes for acharge; but is not limited to:(3)Parkingan"auto"on,orontheways (1)Legal, accountingoradvertisingnextto,premisesyouownorrent, services;providedthe"auto"isnotownedbyor rented orloanedtoyou ortheinsured; (2)Preparing,approving,orfailingtoprepareorapprovemaps,shop(4)Liabilityassumedunderany"insured drawings,opinions,reports,surveys,contract"fortheownership, fieldorders,changeorders,designsormaintenanceoruseofaircraftor drawingsandspecifications;watercraft; (3)Supervisory,inspection,architectural (5)"Bodilyinjury"or"propertydamage" orengineering activities;arisingoutoftheoperationofanyof f.(2)theequipmentlisted in Paragraph (4)Medical,surgical,dental,x-rayor f.(3)orofthedefinitionof"mobile nursingservicestreatment,adviceor equipment";or instruction;(6)Anaircraftthatisnotownedbyany (5)Anyhealthortherapeuticservice insured and is hired,charteredor loaned treatment, advice orinstruction;withapaidcrew.However,this (6)Anyservice,treatment,adviceor exceptiondoesnotapplyiftheinsured instructionforthepurposeof hasanyotherinsurancefor such"bodily appearance orskinenhancement,hair injury"or"propertydamage",whether removalorreplacementorpersonal theotherinsuranceisprimary,excess, grooming;contingentoronanyotherbasis. (7)Opticalorhearingaidservices h.Mobile Equipment includingtheprescribing,preparation, "Bodilyinjury"or"propertydamage" fitting,demonstrationordistributionof arisingoutof: ophthalmiclensesandsimilar products orhearingaiddevices;(1)Thetransportationof"mobileequipment"byan"auto"ownedoroperatedbyorrentedorloanedtoanyinsured;or

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BUSINESS LIABILITYCOVERAGE FORM(8) (1)(3)(4)Optometryoroptometricservices Paragraphs, andofthis includingbutnotlimitedtoexamination exclusiondonotapplyto"property oftheeyesandtheprescribing, damage"(otherthandamagebyfire)to preparation,fitting,demonstrationor premises,includingthecontentsofsuch distributionofophthalmiclensesand premises, rented to you for a period of 7orsimilarproducts; fewerconsecutivedays.AseparateLimitofInsuranceappliestoDamageTo (9)Any: PremisesRentedToYouasdescribedin (a)Bodypiercing(notincludingear D.Section-Limits OfInsurance.piercing); (2)Paragraphofthisexclusiondoesnot(b)Tattooing,includingbutnotlimited applyifthepremisesare"yourwork"and totheinsertionofpigmentsintoor wereneveroccupied,rentedorheldfor undertheskin; and rentalby you.(c)Similarservices; (3) (4)Paragraphs andofthis exclusiondo (10)Servicesinthepracticeofpharmacy; not apply to the useofelevators.and (3)(4)(5)(6)Paragraphs, , andofthis (11)Computerconsulting,designor exclusiondonotapplytoliabilityassumed programmingservices,includingweb undera sidetrackagreement.sitedesign. (3)(4)Paragraphs and ofthis exclusiondo(4)(5)Paragraphs and ofthis exclusiondo notapplyto"propertydamage"to notapplytotheIncidentalMedical borrowedequipmentwhilenotbeingused Malpracticecoverageaffordedunder to performoperations at ajobsite.1.e. A.ParagraphinSection -Coverages. (6)Paragraphofthisexclusiondoesnotk.Damage ToProperty applyto"propertydamage" includedinthe "products-completed operationshazard"."Property damage" to: l.Damage ToYour Product(1)Propertyyouown,rentoroccupy, includinganycostsorexpenses "Propertydamage"to"yourproduct" incurredbyyou,oranyotherperson, arisingoutofit orany part of it.organizationorentity,forrepair, m.Damage ToYour Workreplacement, enhancement, "Propertydamage"to"yourwork"arising restorationormaintenanceofsuch out of it or any part ofit andincluded in the propertyforanyreason,including "products-completed operationshazard".preventionofinjurytoapersonor damage to another's property; Thisexclusiondoesnotapplyifthedamagedworkortheworkoutofwhich (2)Premisesyousell,giveawayor thedamageariseswasperformedonyour abandon,ifthe"propertydamage"arises behalfby asubcontractor.outofanypartofthosepremises; n.DamageToImpairedPropertyOr (3)Property loaned to you; PropertyNotPhysically Injured(4)Personalpropertyinthecare,custody "Propertydamage"to"impairedproperty" orcontrol of the insured; orpropertythathasnotbeenphysically (5)Thatparticularpartofrealpropertyon injured, arisingoutof:whichyouoranycontractorsor (1)Adefect,deficiency,inadequacyor subcontractorsworkingdirectlyor dangerousconditionin"yourproduct" indirectlyonyourbehalfareperforming or"your work"; oroperations,ifthe"propertydamage" (2)arisesoutofthoseoperations;or Adelayorfailurebyyouoranyone actingonyourbehalftoperforma (6)Thatparticularpartofanyproperty contractoragreementinaccordance thatmustberestored,repairedor withits terms.replacedbecause"yourwork"wasincorrectly performedon it. Thisexclusiondoesnotapplytotheloss ofuseofotherpropertyarisingoutof suddenandaccidentalphysicalinjuryto "yourproduct"or"yourwork"afterithas beenputtoits intendeduse.

FormSS 0008 0405 Page 7of24171
BUSINESS LIABILITYCOVERAGE FORMo.RecallOfProducts,WorkOrImpaired (c)Titleofany literary orartistic work;Property (8)Arising out of anoffense committed by Damagesclaimedforanyloss,costor aninsuredwhose business is:(a)expenseincurredbyyouorothersforthe Advertising,broadcasting, lossofuse,withdrawal,recall,inspection, publishing ortelecasting;repair,replacement,adjustment,removal (b)Designingordeterminingcontent ordisposal of: of websites for others;or(1)"Yourproduct"; (c)AnInternetsearch,access, (2)"Yourwork";or contentor service provider.(3)"Impaired property"; However,thisexclusiondoesnot ifsuchproduct,workorpropertyis a.b. c.applytoParagraphs, andwithdrawnorrecalledfromthemarketor underthedefinitionof"personaland fromusebyanypersonororganization G.advertisinginjury"inSection–becauseofaknownorsuspecteddefect, LiabilityAndMedicalExpenses deficiency,inadequacyordangerous Definitions.condition in it. Forthepurposesofthisexclusion, p.Personal AndAdvertisingInjury placingan"advertisement"foror linkingtoothersonyourwebsite,by "Personal andadvertisinginjury": itself,isnotconsideredthebusiness(1)Arising out of oral, written or electronic ofadvertising,broadcasting, publicationofmaterial,ifdonebyorat publishing ortelecasting;thedirectionoftheinsuredwith (9)Arisingoutofanelectronicchatroom knowledge of itsfalsity; orbulletinboardtheinsuredhosts, (2)Arising out of oral, written or electronic owns,oroverwhichtheinsured publicationofmaterialwhosefirst exercises control;publicationtookplacebeforethe (10)Arisingoutoftheunauthorizeduseofbeginningofthepolicy period; another's name or product in youre-mail(3)Arisingoutofacriminalactcommitted address,domainnameormetatags,orbyor at the direction of the insured; anyothersimilartacticstomislead(4)Arisingoutofanybreachofcontract, another'spotentialcustomers;exceptanimpliedcontracttouse (11)Arisingoutoftheviolationofa another’s"advertisingidea"inyour person'srightofprivacycreatedby "advertisement"; anystate orfederal act.(5)Arisingoutofthefailureofgoods, However,thisexclusiondoesnot productsorservicestoconformwith applytoliabilityfordamagesthatthe anystatementofqualityor insuredwouldhaveintheabsenceof performancemadeinyour suchstate orfederal act;"advertisement"; (12)Arisingoutof:(6)Arisingoutofthewrongdescriptionof (a)An"advertisement"forotherson thepriceofgoods,productsorservices; yourweb site;(7)Arisingoutofanyviolationofany (b)Placingalinktoawebsiteof intellectualpropertyrightssuchas others onyour website;copyright,patent,trademark,trade name,tradesecret,servicemarkor (c)Contentfromawebsiteofothersotherdesignationoforiginor displayedwithinaframeorborderauthenticity. onyourwebsite.Contentincludesinformation,code,sounds,text,However,thisexclusiondoesnot graphicsorimages;orapplytoinfringement,inyour "advertisement",of (d)Computercode,softwareor programming usedtoenable:(a)Copyright; (i)Yourweb site; or(b)Slogan,unlessthesloganisalso atrademark,tradename,service (ii)The presentation or functionalitymarkorotherdesignationof origin ofan"advertisement"orotherorauthenticity; or contentonyourwebsite;

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BUSINESS LIABILITYCOVERAGE FORM(13) (a)Arisingoutofaviolationofanyanti- Maybeawardedorincurredby trustlaw; reasonofanyclaimorsuit alleging actual or threatened injury (14)Arising out of the fluctuation in price or or damage of any nature or kind to valueofanystocks,bondsorother personsorpropertywhichwould securities; or nothaveoccurredinwholeorin (15)Arisingoutofdiscriminationor part but for the "asbestos hazard";humiliationcommittedbyoratthe (b)Ariseoutofanyrequest,demand, directionofany"executiveofficer", orderorstatutoryorregulatory director,stockholder,partneror requirementthatanyinsuredor memberoftheinsured. otherstestfor,monitor,cleanup, q.ElectronicData remove,encapsulate,contain,Damagesarisingoutofthelossof,lossof treat,detoxifyorneutralizeorin useof,damageto,corruptionof,inability anywayrespondtoorassessthe toaccess,orinabilitytomanipulate effects of an"asbestos hazard"; or"electronicdata". (c)Ariseoutofanyclaimorsuitforr.Employment-RelatedPractices damagesbecauseoftestingfor,monitoring,cleaningup,removing,"Bodily injury"or "personal and advertising encapsulating,containing,treating,injury"to: detoxifyingorneutralizingorinany(1)Aperson arisingoutofany: wayrespondingtoorassessingthe(a)Refusaltoemploy thatperson; effectsofan"asbestoshazard".(b)Terminationofthatperson's t.ViolationOfStatutesThatGovernE-employment; or Mails,Fax,PhoneCallsOrOther MethodsOfSendingMaterialOr (c)Employment-related practices, Informationpolicies,actsoromissions,suchascoercion,demotion,evaluation, "Bodilyinjury","propertydamage",or reassignment, discipline, "personalandadvertisinginjury"arising defamation,harassment,humiliation directlyorindirectlyoutofanyactionor ordiscriminationdirectedatthat omissionthatviolatesorisallegedto person;or violate:(2)Thespouse,child,parent,brotheror (1)TheTelephoneConsumerProtection sisterofthatpersonasa Act(TCPA),including anyamendment consequenceof"bodilyinjury"or of oradditiontosuch law;"personaland advertising injury" to the (2)TheCAN-SPAM Act of 2003, including personatwhomanyofthe anyamendmentoforadditiontosuch employment-relatedpractices law;or(a)(b)(c)described in Paragraphs, ,or (3)Anystatute,ordinanceorregulation,aboveisdirected. otherthantheTCPAorCAN-SPAMActThisexclusion applies: of2003,thatprohibitsorlimitsthe(1)Whethertheinsuredmaybeliableas sending,transmitting,communicatingoranemployerorinanyothercapacity; distributionofmaterialorinformation.and DamageToPremisesRentedToYou–(2)Toanyobligationtosharedamages ExceptionForDamageByFire,Lightning withorrepaysomeoneelsewhomust or Explosionpaydamagesbecause of the injury. c. h.k. o.Exclusionsthroughandthroughdos.Asbestos notapplytodamagebyfire,lightningor explosiontopremisesrentedtoyouor (1)"Bodilyinjury","propertydamage"or temporarilyoccupiedby youwith permission of "personalandadvertisinginjury"theowner.AseparateLimitofInsurance arisingoutofthe"asbestoshazard".appliestothiscoverageasdescribedin (2)Anydamages,judgments,settlements, D.Section-LiabilityAndMedicalExpensesloss,costsorexpensesthat: LimitsOf Insurance.

FormSS 0008 0405 Page 9of24173
BUSINESS LIABILITYCOVERAGE FORM2.ApplicableTo MedicalExpenses Coveragee.Atrust,youareaninsured.Yourtrustees arealsoinsureds,butonlywithrespectto We will not payexpenses for "bodilyinjury": theirduties astrustees.a.Any Insured 2.Eachofthefollowing is also aninsured:Toanyinsured,except"volunteerworkers". a.Employees AndVolunteer Workersb.HiredPerson Your"volunteerworkers"onlywhileTo a person hired to do work foror onbehalf performingdutiesrelatedtotheconductof ofanyinsuredoratenantofanyinsured. yourbusiness,oryour"employees",other c.InjuryOn Normally Occupied Premises thaneitheryour"executiveofficers"(ifyou Toapersoninjuredonthatpartof areanorganizationotherthana premisesyouownorrentthattheperson partnership,jointventureorlimitedliability normally occupies. company)oryourmanagers(ifyouarea limitedliabilitycompany),butonlyforacts d.Workers'CompensationAndSimilar withinthescopeoftheiremploymentby Laws youorwhileperformingdutiesrelatedto Toaperson,whetherornotan the conduct of yourbusiness."employee"ofanyinsured,ifbenefitsfor However,noneofthese"employees"or the"bodilyinjury"arepayableormustbe "volunteerworkers" areinsuredsfor:providedunderaworkers'compensation ordisability benefits law ora similarlaw. (1)"Bodilyinjury"or"personaland advertising injury":e.Athletics Activities (a)Toyou,toyourpartnersor Toapersoninjuredwhilepracticing, members(ifyouareapartnership instructingorparticipatinginanyphysical orjointventure),toyourmembers exercisesorgames,sportsorathletic (ifyouarealimitedliability contests. company),ortoaco-"employee"f.Products-CompletedOperationsHazard whileinthecourseofhisorher Includedwiththe"products-completed employmentorperformingdutiesoperationshazard". relatedtotheconductofyour business,ortoyourother g.Business LiabilityExclusions "volunteerworkers" while ExcludedunderBusinessLiabilityCoverage. performingdutiesrelatedtothe C.WHO IS AN INSURED conduct of yourbusiness;1.Ifyou aredesignated in the Declarations as: (b)Tothespouse,child,parent, brotherorsisterofthatco-a.Anindividual,youandyourspouseare "employee"orthat"volunteer insureds,butonlywithrespecttothe worker"asaconsequenceof conduct of a business of which youare the (1)(a)Paragraphabove;sole owner. (c)Forwhichthereisanyobligation b.Apartnershiporjointventure,youarean tosharedamageswithorrepay insured.Yourmembers,yourpartners,and someoneelsewhomustpay theirspousesarealsoinsureds,butonlywith damagesbecauseoftheinjury respecttotheconductofyourbusiness. (1)(a)describedinParagraphsorc.Alimitedliabilitycompany,youarean (b) above; orinsured.Yourmembersarealsoinsureds, (d)Arisingoutofhisorherproviding butonlywithrespecttotheconductofyour orfailingtoprovideprofessional business.Yourmanagersareinsureds,but healthcare services.onlywithrespecttotheirdutiesasyourmanagers. Ifyouarenotinthebusinessofprovidingprofessionalhealthcared.Anorganizationotherthanapartnership, (d)services,Paragraphdoesnotapplyjointventureorlimitedliabilitycompany,you toanynurse,emergencymedicalareaninsured.Your"executiveofficers"and technicianorparamedicemployedbydirectorsareinsureds,butonlywithrespect youtoprovidesuchservices.totheirdutiesasyourofficersordirectors.Yourstockholdersarealsoinsureds,butonly (2)"Property damage" to property:withrespecttotheirliabilityasstockholders. (a)Owned,occupiedor usedby,

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BUSINESS LIABILITYCOVERAGE FORM(b) b.Rentedto,inthecare,custodyor Coverageunderthisprovisiondoesnot controlof,oroverwhichphysical apply to:controlisbeingexercisedforany (1)"Bodilyinjury"or"propertydamage" purposebyyou,anyofyour thatoccurred;or"employees","volunteerworkers", (2)"Personalandadvertisinginjury" anypartnerormember(ifyouare arisingoutofan offensecommittedapartnershiporjointventure),or beforeyouacquiredorformedthe anymember(ifyouarealimited organization.liabilitycompany). 4.Operator Of Mobile Equipmentb.Real EstateManager Withrespectto"mobileequipment"registeredinAny person (other than your "employee"or yournameunderanymotorvehicleregistration"volunteerworker"),oranyorganization law,anypersonisaninsuredwhiledrivingsuchwhileacting asyour real estatemanager.equipmentalongapublichighwaywithyourc.TemporaryCustodiansOf Your permission.AnyotherpersonororganizationProperty responsiblefortheconductofsuchpersonisAnypersonororganizationhavingproper alsoaninsured,butonlywithrespecttoliabilitytemporarycustodyofyourpropertyifyou arising out oftheoperation of the equipment,anddie,butonly: onlyifno other insurance of anykindisavailable(1)Withrespecttoliabilityarisingoutofthe tothatpersonororganizationforthisliability.maintenanceoruseofthatproperty;and However, noperson ororganizationisaninsuredwithrespectto:(2)Untilyourlegalrepresentativehas beenappointed. a."Bodilyinjury"toaco-"employee"ofthepersondriving the equipment;ord.Legal Representative If YouDie b."Propertydamage"topropertyownedby, Yourlegalrepresentativeifyoudie,but rentedto,inthechargeoforoccupiedbyonlywithrespecttodutiesassuch.That youortheemployerofanypersonwhois representativewillhaveallyourrightsand aninsuredunder thisprovision.dutiesunder thisinsurance. 5.Operator of NonownedWatercrafte.Unnamed Subsidiary Withrespecttowatercraftyoudonotownthat Anysubsidiaryandsubsidiarythereof,of islessthan51feetlongandisnotbeingused yourswhichisa legally incorporatedentity to carry persons for a charge, any personisan ofwhichyouownafinancialinterestof insuredwhileoperatingsuchwatercraftwith morethan50%ofthevotingstockonthe yourpermission.Anyotherpersonor effectivedateofthis CoveragePart. organizationresponsiblefortheconductof Theinsuranceaffordedhereinforany suchpersonisalsoaninsured,butonlywith subsidiarynotshownintheDeclarations respecttoliabilityarisingoutoftheoperation asanamedinsureddoesnotapplyto ofthewatercraft,andonlyifnootherinjuryordamagewithrespecttowhichan insuranceofanykindisavailabletothat insuredunderthisinsuranceisalsoan personor organization for thisliability.insuredunderanotherpolicyorwouldbe However,nopersonororganizationisan aninsuredundersuchpolicybutforits insured withrespect to:terminationorupontheexhaustionofits limits of insurance. a."Bodilyinjury"toaco-"employee"ofthepersonoperating the watercraft;or3.NewlyAcquired Or Formed Organization b."Propertydamage"topropertyownedby,Anyorganizationyounewlyacquireorform, rentedto,inthechargeoforoccupiedby otherthanapartnership,jointventureor youortheemployerofanypersonwhois limitedliabilitycompany,andoverwhichyou aninsuredunder thisprovision.maintainfinancialinterestof more than 50%of thevotingstock,willqualifyasaNamed 6.AdditionalInsuredsWhenRequiredBy Insuredifthereisnoothersimilarinsurance WrittenContract,WrittenAgreementOr available to thatorganization. However: Permita.Coverageunderthisprovisionisafforded Theperson(s)ororganization(s)identifiedin onlyuntilthe180thdayafteryouacquire a. f.Paragraphsthroughbelowareadditionalorformtheorganizationortheendofthe insuredswhenyouhaveagreed,inawrittenpolicyperiod, whichever is earlier; andFormSS 0008 0405 Page 11of24175 BUSINESS LIABILITYCOVERAGE FORM (e)contract,writtenagreementorbecauseofa Anyfailuretomakesuch permitissuedbyastateorpolitical inspections,adjustments,testsor subdivision,thatsuchpersonororganization servicingasthevendorhas beaddedasanadditionalinsuredonyour agreedtomakeornormally policy,providedtheinjuryordamageoccurs undertakestomakeintheusual subsequenttotheexecutionofthecontractor courseofbusiness,inconnectionagreement, ortheissuanceofthepermit. withthedistributionorsaleofthe products;Apersonororganizationisanadditional (f)Demonstration,installation, insuredunderthisprovisiononlyforthat servicingorrepairoperations, periodoftimerequiredbythecontract, exceptsuchoperationsperformed agreementor permit. atthevendor'spremisesin However,no suchperson or organization is an connectionwiththesaleofthe additionalinsuredunderthisprovisionifsuch product;personororganizationisincludedasan (g)Productswhich,afterdistribution additionalinsuredbyanendorsementissued orsalebyyou,havebeenlabeled byusandmadeapartofthisCoveragePart, orrelabeledorusedasa includingallpersonsororganizationsadded container,partor ingredient of any asadditionalinsuredsunderthespecific otherthingorsubstancebyorfor additionalinsuredcoveragegrantsinSection the vendor; orF.–Optional AdditionalInsuredCoverages. (h)"Bodilyinjury"or"property a.Vendors damage"arisingoutofthesole Anyperson(s)ororganization(s)(referredto negligenceofthevendorforits belowasvendor),butonlywithrespectto ownactsoromissionsorthoseof"bodilyinjury"or"propertydamage"arising itsemployeesoranyoneelse outof"yourproducts"whicharedistributed acting onits behalf. However, thisorsoldintheregularcourseofthevendor's exclusiondoes not apply to:businessandonlyifthisCoveragePart (i)Theexceptionscontainedin providescoveragefor"bodilyinjury"or (d)(f)Subparagraphsor ;or"propertydamage"includedwithinthe (ii)"products-completedoperationshazard". Suchinspections,adjustments,testsorservicingasthevendor(1)Theinsuranceaffordedtothevendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions: courseof business,inThisinsurancedoes not apply to: connectionwiththedistribution(a)"Bodilyinjury"or"property orsaleoftheproducts.damage"forwhichthevendoris (2)Thisinsurancedoesnotapplytoanyobligatedtopaydamagesby insuredpersonororganizationfromreasonoftheassumptionof whom you have acquired suchproducts,liability in acontract or agreement. oranyingredient,partorcontainer,Thisexclusiondoesnotapplyto enteringinto, accompanyingorliabilityfordamagesthatthe containingsuchproducts.vendorwouldhaveintheabsence b.LessorsOfEquipmentof the contractor agreement; (1)Anypersonororganizationfrom (b)Anyexpress warranty whomyouleaseequipment;butonly unauthorizedby you; withrespecttotheirliabilityfor"bodily (c)Anyphysicalorchemicalchange injury","propertydamage"orintheproductmadeintentionally "personalandadvertisinginjury"bythevendor; caused,inwholeorinpart,byyour (d)Repackaging, except when maintenance,operationoruseof unpackedsolelyforthepurposeof equipmentleasedtoyoubysuch inspection,demonstration,testing, personor organization.orthesubstitutionofpartsunderinstructionsfromthemanufacturer,andthenrepackagedinthe original container;Page 12of24 FormSS 0008 0405176 BUSINESS LIABILITYCOVERAGE FORM(2) e.PermitsIssuedByStateOrPolitical Withrespecttotheinsuranceafforded Subdivisionstotheseadditionalinsureds,thisinsurancedoesnotapplytoany (1)Anystateorpoliticalsubdivision,but "occurrence"whichtakesplaceafter onlywithrespecttooperationsyoucease to lease thatequipment. performed byyou oron yourbehalf for c.LessorsOfLandOrPremises whichthestateorpoliticalsubdivision hasissueda permit.(1)Anypersonororganizationfrom (2)whomyouleaselandorpremises,but Withrespecttotheinsuranceafforded onlywithrespecttoliabilityarisingout totheseadditionalinsureds,this oftheownership,maintenanceoruse insurance doesnotapplyto:ofthatpartofthelandorpremises (a)"Bodilyinjury","propertydamage" leased to you. or"personalandadvertising (2)Withrespecttotheinsuranceafforded injury"arisingoutofoperations totheseadditionalinsureds,this performedforthestateor insurance doesnotapplyto: municipality; or(a) (b)Any"occurrence"whichtakes "Bodilyinjury"or"propertydamage"placeafter youcease to lease that includedwithinthe"products-landorbeatenantinthat completedoperationshazard".premises; or f.Any OtherParty(b)Structuralalterations, new (1)Anyotherpersonororganizationwho constructionordemolition a.isnotaninsuredunderParagraphsoperationsperformedbyoron ethrough.above,butonlywithbehalfofsuchpersonor respecttoliabilityfor"bodilyinjury", organization. "propertydamage"or"personaland d.Architects, EngineersOrSurveyors advertisinginjury"caused,inwholeor inpart,byyouractsoromissionsor(1)Anyarchitect,engineer,orsurveyor,but theactsoromissionsofthoseacting onlywithrespecttoliabilityfor"bodily onyour behalf:injury","propertydamage"or"personal (a)andadvertisinginjury"caused,inwhole Intheperformanceofyour orinpart,byyouractsoromissionsor ongoing operations;theactsoromissionsofthoseactingon (b)Inconnectionwithyourpremises yourbehalf: ownedby orrentedtoyou;or(a)Inconnectionwithyourpremises; (c)In connection with "your work" and or includedwithinthe"products-(b)Intheperformanceofyour completedoperationshazard",butongoingoperationsperformedby only ifyouor onyour behalf. (i)Thewrittencontractorwritten (2)Withrespecttotheinsuranceafforded agreementrequiresyouto totheseadditionalinsureds,the providesuchcoverageto followingadditional exclusionapplies: suchadditional insured;and(ii)Thisinsurancedoesnotapplyto ThisCoveragePartprovides "bodilyinjury","propertydamage"or coveragefor"bodilyinjury"or "personalandadvertisinginjury" "propertydamage"included arisingoutoftherenderingoforthe within the"products-failuretorenderanyprofessional completed operationshazard".services byor for you, including: (2)Withrespecttotheinsuranceafforded (a)Thepreparing,approving,or totheseadditionalinsureds,this failuretoprepareorapprove, insurance doesnotapplyto:maps,shopdrawings,opinions, "Bodilyinjury","propertydamage"or reports,surveys,fieldorders, "personalandadvertisinginjury" changeorders, designsor arisingoutoftherenderingof,orthe drawings andspecifications; or failuretorender,anyprofessional(b)Supervisory,inspection, architectural,engineeringorsurveying architecturalorengineering services,including:activities.FormSS 0008 0405 Page 13of24177 BUSINESS LIABILITYCOVERAGE FORM(a)Thepreparing,approving,or ThisGeneralAggregatelimitdoesnot failuretoprepareorapprove, applyto"propertydamage"topremises maps,shopdrawings,opinions, whilerentedtoyouortemporarily reports,surveys,fieldorders, occupiedbyyouwithpermissionofthe changeorders, designsor owner,arisingoutoffire,lightningordrawings andspecifications; or explosion.(b) 3.Each Occurrence LimitSupervisory,inspection, architecturalorengineering 2.a.2.bSubjectto orabove,whicheveractivities. applies,themostwewillpayforthesumofall Thelimitsofinsurancethatapplytoadditional damagesbecauseofall"bodilyinjury", D.insuredsaredescribedinSection–Limits "propertydamage"andmedicalexpenses OfInsurance. arisingoutofanyone"occurrence"istheLiabilityandMedicalExpensesLimitshownin Howthisinsuranceapplieswhenother the Declarations.insuranceisavailabletoanadditionalinsuredisdescribedintheOtherInsuranceCondition Themostwewillpayforallmedicalexpenses E.inSection– Liability AndMedicalExpenses becauseof"bodilyinjury"sustainedbyany GeneralConditions. onepersonistheMedicalExpensesLimit shownintheDeclarations.Nopersonororganizationisaninsuredwith 4.Personal AndAdvertisingInjury Limitrespecttotheconductofanycurrentorpast partnership,jointventureorlimitedliability 2.b.Subjecttoabove,themostwewillpayfor companythatisnotshownasaNamedInsuredin thesumofalldamagesbecauseofall the Declarations. "personalandadvertisinginjury"sustainedby any one person or organization is the Personal D.LIABILITYANDMEDICALEXPENSES andAdvertisingInjuryLimitshowninthe LIMITS OF INSURANCE Declarations.1.TheMost We WillPay 5.Damage ToPremisesRented ToYou LimitTheLimitsofInsuranceshowninthe TheDamageToPremisesRentedToYou Declarationsandtherulesbelowfixthemost LimitisthemostwewillpayunderBusiness wewillpay regardless of the number of: LiabilityCoveragefordamagesbecauseof a.Insureds; "propertydamage"toanyonepremises,while b.Claims made or"suits" brought;or rented to you, or in the case of damage byfire,lightningorexplosion,whilerentedtoyouor c.Persons or organizations making claims or temporarilyoccupiedby youwith permission of bringing"suits". the owner. 2.Aggregate Limits Inthecaseofdamagebyfire,lightningor The mostwe will payfor: explosion, the Damage toPremises Rented To a.Damagesbecauseof"bodilyinjury"and YouLimitappliestoalldamageproximately "propertydamage"includedinthe causedbythesameevent,whethersuch"products-completedoperationshazard"is damage results fromfire,lightning orexplosiontheProducts-CompletedOperations orany combinationofthese.AggregateLimit showninthe 6.HowLimitsApplyTo Additional InsuredsDeclarations. Themostwewillpayonbehalfofapersonor b.Damagesbecauseofallother"bodily organizationwhoisanadditionalinsured injury","propertydamage"or"personal underthis CoveragePart is the lesser of:andadvertisinginjury",includingmedical a.Thelimitsofinsurancespecifiedina expenses,istheGeneralAggregateLimit writtencontract,writtenagreementor shownintheDeclarations. permitissuedbyastateorpolitical ThisGeneralAggregateLimitapplies subdivision;orseparatelytoeachofyour"locations" b.TheLimitsofInsuranceshowninthe ownedby orrentedtoyou. Declarations."Location"meanspremisesinvolvingthe Suchamountshallbeapartofandnotin sameorconnectinglots,orpremises additiontotheLimitsofInsuranceshownin whoseconnectionisinterruptedonlybya the Declarations anddescribedinthis Section.street,roadwayorright-of-wayofa railroad.Page 14of24 FormSS 0008 0405178 BUSINESS LIABILITYCOVERAGE FORM(1)Ifmorethanonelimitofinsuranceunderthis Immediatelysenduscopiesofany policyandanyendorsementsattachedthereto demands,notices,summonsesor appliestoanyclaimor"suit",themostwewillpay legalpapersreceivedinconnection underthispolicyandtheendorsementsisthe withtheclaimor "suit";singlehighestlimitofliabilityofallcoverages (2)Authorizeustoobtainrecordsand applicabletosuchclaimor"suit".However,this other information;paragraph does not apply to theMedicalExpenses (3)Cooperatewithusintheinvestigation, 3.limit set forthinParagraph above. settlementoftheclaimordefense TheLimitsofInsuranceofthisCoveragePartapply againstthe"suit";andseparatelytoeachconsecutiveannualperiodandto (4)Assistus,uponourrequest,inthe any remaining period of less than 12 months, starting enforcementofanyrightagainstany withthebeginningofthepolicyperiodshowninthe personororganizationthatmaybe Declarations,unlessthepolicyperiodisextended liabletotheinsuredbecauseofinjury after issuance for anadditional periodoflessthan12 ordamagetowhichthisinsurance months.Inthatcase,theadditionalperiodwillbe may also apply.deemedpartofthelastprecedingperiodforpurposes d.ObligationsAt TheInsured's Own CostofdeterminingtheLimitsofInsurance. Noinsuredwill,exceptatthatinsured'sownE.LIABILITYANDMEDICALEXPENSES cost,voluntarilymakeapayment,assumeGENERAL CONDITIONS anyobligation,orincuranyexpense,otherthanforfirstaid,withoutourconsent.1.Bankruptcy e.Additional Insured'sOther InsuranceBankruptcyorinsolvencyoftheinsuredoroftheinsured'sestatewillnotrelieveusofour Ifwecoveraclaimor"suit"underthis obligationsunder thisCoverage Part. CoveragePartthatmayalsobecovered byotherinsuranceavailabletoan 2.DutiesInTheEventOfOccurrence, additionalinsured,suchadditionalinsured Offense, ClaimOrSuit mustsubmitsuchclaimor"suit"tothe a.NoticeOfOccurrenceOrOffense other insurerfordefenseand indemnity.Youoranyadditionalinsuredmustseeto However,thisprovisiondoesnotapplyto itthatwearenotifiedassoonas theextentthatyouhaveagreedina practicableofan"occurrence"oran writtencontract,writtenagreementor offensewhichmayresultinaclaim.To permitthatthisinsuranceisprimaryand the extentpossible,notice should include:non-contributorywiththeadditional (1)How,whenandwherethe"occurrence" insured's owninsurance.oroffensetookplace; f.KnowledgeOfAnOccurrence,Offense,(2)Thenamesandaddressesofany ClaimOrSuitinjuredpersons andwitnesses;and a.b.Paragraphsandapplytoyouorto(3)Thenatureandlocationofanyinjury anyadditionalinsuredonlywhensuch ordamagearisingoutofthe "occurrence",offense,claimor"suit"is "occurrence"or offense. knownto:b.NoticeOfClaim (1)Youoranyadditionalinsuredthatis anindividual;Ifaclaimismadeor"suit"isbrought againstanyinsured,youoranyadditional (2)Anypartner,ifyouoranadditional insured must: insured is apartnership;(1)Immediately record the specifics of the (3)Anymanager,ifyouoranadditional claimor"suit"andthedatereceived; insured is alimitedliability company;and (4)Any"executiveofficer"orinsurance (2)Notify usas soonas practicable. manager,ifyouoranadditional insured is acorporation;Youoranyadditionalinsuredmustseeto itthatwereceiveawrittennoticeofthe (5)Anytrustee,ifyouoranadditional claim or"suit" assoon aspracticable. insured is atrust;orc.AssistanceAndCooperationOfThe (6)Any electedor appointedofficial, ifyou Insured oranadditionalinsuredisapolitical subdivision orpublic entity.Youand anyotherinvolved insured must:

FormSS 0008 0405 Page 15of24179
BUSINESS LIABILITYCOVERAGE FORMf. (3)ThisParagraphappliesseparatelyto Wehaveissuedthispolicyinreliance youand anyadditional insured. uponyour representations.3.FinancialResponsibility Laws b.UnintentionalFailureToDisclose Hazardsa.Whenthispolicyiscertifiedasproofof financialresponsibilityforthefutureunder If unintentionally youshouldfailtodisclose theprovisionsofanymotorvehicle allhazardsrelatingtotheconductofyour financialresponsibilitylaw,theinsurance businessattheinceptiondateofthis providedbythepolicyfor"bodilyinjury" CoveragePart,weshallnotdenyany liabilityand"propertydamage"liabilitywill coverageunderthisCoveragePart complywiththeprovisionsofthelawto becauseofsuch failure.theextentofthecoverageandlimitsof 7.OtherInsuranceinsurance required bythat law. Ifothervalidandcollectibleinsuranceis b.Withrespectto"mobileequipment"to availableforalosswecoverunderthis whichthisinsuranceapplies,wewill CoveragePart,ourobligationsarelimitedas provideanyliability,uninsuredmotorists, follows:underinsuredmotorists,no-faultorothera.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.Wewillprovidetherequiredlimitsfor Thisinsuranceisprimaryexceptwhenthose coverages. belowapplies.Ifotherinsuranceisalso primary,wewillsharewithallthatother 4.Legal Action Against Us c.insurancebythemethoddescribedinNopersonororganizationhasarightunder below.thisCoverage Form: b.ExcessInsurancea.Tojoinusasapartyorotherwisebringus Thisinsuranceisexcessoveranyofthe intoa"suit"askingfordamagesfroman otherinsurance,whetherprimary,excess, insured;or contingent oron anyotherbasis:b.TosueusonthisCoverageFormunless (1)YourWorkallofitstermshavebeenfullycomplied with. ThatisFire,ExtendedCoverage, Builder'sRisk,InstallationRiskor Apersonororganizationmaysueustorecover similarcoverage for "yourwork";onanagreedsettlementoronafinaljudgmentagainstaninsured;butwewillnotbeliablefor (2)Premises RentedTo Youdamagesthat are not payable under the terms of Thatisfire,lightningorexplosion thisinsuranceorthatareinexcessofthe insuranceforpremisesrentedtoyou applicablelimitofinsurance. Anagreed ortemporarilyoccupiedbyyouwith settlementmeansasettlementandreleaseof permission of the owner;liabilitysignedbyus,theinsuredandthe (3)Tenant Liabilityclaimantortheclaimant'slegalrepresentative. Thatisinsurancepurchasedbyyouto 5.SeparationOfInsureds coveryourliabilityasatenantfor ExceptwithrespecttotheLimitsofInsurance, "propertydamage"topremisesrented andanyrightsordutiesspecificallyassigned toyouortemporarilyoccupiedbyyou inthispolicytothefirstNamedInsured,this withpermissionoftheowner;insurance applies: (4)Aircraft,Auto Or Watercrafta.AsifeachNamedInsuredweretheonly IfthelossarisesoutofthemaintenanceNamed Insured;and or useofaircraft, "autos" or watercraft tob.Separatelytoeachinsuredagainstwhom g.theextentnotsubjecttoExclusionofaclaimismadeor "suit"isbrought. A.Section–Coverages.6.Representations (5)PropertyDamageToBorrowed a.When YouAcceptThisPolicy Equipment Or UseOfElevatorsByaccepting thispolicy,you agree:Ifthelossarisesoutof"property damage"toborrowedequipmentor (1)ThestatementsintheDeclarations theuseofelevatorstotheextentnot areaccurateand complete; k. A.subjecttoExclusionofSection–(2)Thosestatementsarebasedupon Coverages.representationsyou made to us; and

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Richmond City CouncilFebruary 6, 2024

Richmond City Council
February 6, 2024