February 20, 2024
Human Resources
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources
Subject:
Amend Staffing (Position Control) and Appropriate Funds as Required
FINANCIAL IMPACT: The fiscal impact for Community Development is $19,498, for Economic Development is $77,271, and for
the City Manager is $109,671. There is a salary savings of $7,202 in Finance and $14,153 in Public Works. All
projections are approximations for five months, and the final fiscal impact will be determined once the vacancies are filled.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
The City Council’s authorization is required to amend
staffing (position control) and appropriate funds.
RECOMMENDED ACTION:
ADOPT a resolution to amend staffing (position control) for the City Attorney, City Manager’s Office, Community Development-Planning, Economic Development, Finance
Department, Human Resources, and Public Works;
APPROPRIATE associated salaries, wages, and benefits
as required – Human Resources Department (Nickie
Mastay/ Sharrone Taylor 510-620-6602).
AGENDA
REPORT
308
February 20, 2024
DISCUSSION:
To implement City Council policy direction, modifications to the City's position control are required. The City Council’s approval is required to approve revisions to position control and appropriate associated salaries, wages, and benefits as required.
CITY ATTORNEY’S OFFICE
The City Attorney’s Office is requesting the reallocation of (1) Administrative Services Coordinator to (1) Paralegal.
Paralegal
The City Attorney's Office reviewed their staffing needs. It has been determined that the department needs a Paralegal who will perform complex legal duties in the department.
Job duties would include assisting with discovery, service and processing of subpoenas, and litigation case management, inclusive of filing legal documents in state and federal courts, drafting, reviewing, and serving motions and legal documents, drafting and reviewing contracts for compliance, and calendaring case related-due dates. The Paralegal position will significantly improve office productivity and increase output and efficiency. This change has no fiscal impact.
CITY MANAGER’S OFFICE
The City Manager’s Office is requesting the reallocation of (1) Project Manager I to (1) Administrative Chief, and the addition of (1) Grants Manager.
Administrative Chief
An Administrative Chief will perform a wide variety of administrative tasks and conduct specific and comprehensive analyses of a wide range of municipal policies, organization, procedures, finance and services and assists in policy and procedure development and implementation. The incumbent will serve as a liaison between departments and will work closely with the City Council and its committees.
Grants Manager
The City Manager recognizes the need to have a dedicated Grants Manager. In addition, City Council has communicated the need to have a Grants Manager to oversee existing grants and to be fully committed to acquiring and managing grants to increase revenue flow to the City.
COMMUNITY DEVELOPMENT - PLANNING
The Community Development Department is requesting the reallocation of (1) Assistant/Associate Planner to (1) Senior Planner.
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February 20, 2024
Senior Planner
This position is needed to begin reinstating the advance planning function within the Planning Division. The Planning Division currently does not have any staff that are fully dedicated to the development and implementation of long-range plans, policies, and programs. Adding this position will improve the Planning Division’s capacity to work on multiple long-range planning initiatives that align with the City Council’s Goals and Objectives, including economic development, housing, transportation, climate resiliency, and historic preservation. This position would also work on the implementation and aligning the Municipal Code with changes in State law. A dedicated advanced planning position will also allow existing staff in the current planning function to increase their focus on development application reviews.
ECONOMIC DEVELOPMENT
The Economic Development Department is requesting the reallocation of (1) Economic Development Coordinator to (1) Senior Business Assistance Officer, and the addition of (1) Administrative Assistant.
Senior Business Assistance Officer
Upon approval of the request, the Economic Development Department will have one dedicated Senior Business Assistance Officer, which will be assigned to oversee general economic development programs, and the Port will also benefit from having one dedicated Senior Business Assistance Officer dedicated to Port activities for a total of two FTEs.
Administrative Assistant
The Arts and Culture division has flourished under the current leadership and will continue to grow with the establishment of the City’s first art district (per City Council direction) and endeavors to continue establishing attractive and relevant art installations throughout the City. The incumbent will assist with report writing, contract administration, invoice processing, and overall support of the division.
FINANCE DEPARTMENT
The Finance Department is requesting the reallocation of (1) Chief Accountant to (1) Senior Accountant.
Senior Accountant
The Finance Director desires to allocate the existing Chief Accountant vacancy back to a Senior Accountant as a corrective action to ensure position control reflects the current 310
February 20, 2024
staff. This position is in the Treasury division and supports the team with high-level accounting tasks.
HUMAN RESOURCES DEPARTMENT
The Human Resources Department is requesting the reallocation of (1) Employee Benefits Analyst to (1) Human Resources Analyst I/II.
Human Resources Analyst I/II
During the job description review, it was determined that the Employee Benefits Analyst job description should be updated and replaced with a general classification of Human Resources Analyst I/II. The City did not remove this classification because the incumbent performed the duties outlined in the Employee Benefits Analyst description.
This position is now vacant, and the Human Resources Department desires to reallocate the vacancy to Human Resources Analyst I/II. Allocating this vacancy to Human Resources Analyst I/II will enable greater flexibility in recruiting for this position, allow for a broad range of job duties that will best serve the City of Richmond, and provide a promotional opportunity to existing staff. This change has no fiscal impact.
PUBLIC WORKS
The Public Works Department is requesting the reallocation of (1) Project Manager I to (1) Associate Civil Engineer.
Assistant/Associate Civil Engineer
The Public Works Director desires to reallocate the Project Manager I position from the Transportation Division to an Assistant/Associate Civil Engineer position. This reallocation will ensure that there is an adequate number of engineers to manage the CIP and special projects and to address critical projects.
FISCAL IMPACT:
There is no fiscal impact for reallocating the Administrative Services Coordinator to Paralegal or the Employee Benefits Analyst to Personnel Analyst I/II. There will be a salary savings for the Senior Accountant and the Associate Civil Engineer positions.
The City Council must approve the budget appropriation for the difference between the remainder of the requests. Below is a table that illustrates the fiscal impact based on five months of salary to allow time for recruitment and onboarding. Below is an estimate, and the actual salary and benefits costs will be determined once the positions are filled.
Job Title Salary (Step 3) and Benefits (@80%)
4 Months - March to June
Grants Manager ~ $87,241
Administrative Chief ~ $22,430
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February 20, 2024
Senior Planner ~ $19,498
Paralegal No change
Senior Business Assistance Officer ~ $ 27,519
Administrative Assistant ~ $ 49,752
Human Resources Analyst I/II No change
Senior Accountant ~ $(7,202) savings
Assistant/Associate Civil Engineer ~ $(14,153) savings
SUMMARY:
City staff recommend approval of the resolution amending position control which will modify position control in the following manner:
Position Control
Classification Department Unit
Delete 1 Asst/ Associate Planner Community Development - Planning
SEIU Local 1021 – General
Employees
Add 1 Senior Planner Community Development -
Planning
IFPTE Local 21 – Mid-
Management
Delete 1 Administrative Services
Coordinator City Attorney’s Office IFPTE Local 21 – Mid- Management
Add 1 Paralegal City Attorney’s Office SEIU Local 1021 – General Employees
Delete 1 Employee Benefits Analyst Human Resources IFPTE Local 21 – Mid- Management
Add 1 Human Resources Analyst I/II Human Resources IFPTE Local 21 – Mid- Management
Delete 1 Chief Accountant Finance Department IFPTE Local 21 – Mid- Management
Add 1 Senior Accountant Finance Department IFPTE Local 21 – Mid- Management
Delete 1 Economic Development
Coordinator Economic Development IFPTE Local 21 – Mid- Management
Add 1 Senior Business Assistance
Officer Economic Development IFPTE Local 21 – Mid-
Management
Add 1 Administrative Assistant Economic Development SEIU 1021- General Employees Add 1 Administrative Chief City Manager’s Office IPTE Local 21 – Executive Management
Delete 1 Project Manager I City Manager’s Office IFPTE Local 21 – Executive Management
Add Grants Manager City Manager’s Office IFPTE Local 21 – Mid- Management
Delete Project Manager I Public Works -
Transportation
IFPTE Local 21 – Executive
Management
Add Assistant/Associate Civil
Engineer
Public Works – Engineering
Department
IFPTE Local 21 – Mid-
Management
In addition, City staff are requesting an appropriation of the required wages, salaries, and benefits, as required.
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February 20, 2024
DOCUMENTS ATTACHED:
Attachment 1 – Resolution Amending Position Control
313
RESOLUTION NO. _____
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and
WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.
NOW, THEREFORE, BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective February 20, 2024, the City’s position control is hereby revised to add the following positions:
Classification Department Bargaining Group
Senior Planner Community Development - Planning IFPTE Local 21- Mid-Management Paralegal City Attorney’s Office SEIU Local 1021 – General Employees
Human Resources Analyst I/II Human Resources IFPTE Local 21- Mid-Management Senior Accountant Finance IFPTE Local 21- Mid-Management Senior Business Assistance Officer Economic Development IFPTE Local 21 – Mid- Management
Administrative Assistant Economic Development SEIU Local 1021- General Employees
Administrative Chief City Manager’s Office IFPTE Local 21 – Executive Management
Grants Manager City Manager’s Office IFPTE Local 21 – Mid Management
Assistant/Associate Civil Engineer Public Works-Engineering Dept IFPTE Local 21 – Mid Management
BE IT FURTHER RESOLVED, that, effective February 6, 2024, the City’s position control is hereby revised to delete the following positions:
Classification Department Bargaining Group
Asst/Associate Planner Community Development - Planning SEIU Local 1021 – General Employees
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Administrative Services
Coordinator City Attorney’s Office SEIU Local 1021 – General Employees
Employee Benefits Analyst Human Resources IFPTE Local 21- Mid-Management Chief Accountant Finance IFPTE Local 21- Mid-Management Economic Development
Coordinator Economic Development IFPTE Local 21- Mid-Management Project Manager I City Manager’s Office IFPTE Local 21 – Executive Management
Project Manager I Public Works – Transportation IFPTE Local 21 – Executive Management
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
315
February 20, 2024
Library and Community Services
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
LaShonda White, Deputy City Manager
Subject:
Land Use Agreement for Weekly Farmers’ Market at
Marina Bay Park
FINANCIAL IMPACT: The City does not receive any revenue from the utilization of its property by the Richmond Certified
Farmers’ Market Association (RCFMA). Furthermore, the
City is not obligated to compensate the RCFMA for any
services provided under the Land Use Agreement.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
City staff would like approval to execute a temporary
Land Use Agreement with the Richmond Certified
Farmers’ Market Association. This agreement aims to
permit the utilization of a designated portion of the city- owned parking lot near Marina Bay Park in Richmond,
CA, exclusively for the operation of a weekly farmers
market on Sundays.
RECOMMENDED ACTION:
APPROVE a temporary Land Use Agreement between
the City of Richmond and the Richmond Certified
Farmers’ Market Association for the free use of a section of the City-owned parking lot located near the Marina Bay Park to host a weekly farmer’s market on Sundays,
effective March 17, 2024, and ending December 31,
2026, with two-one year extension options – Community
Services Department (LaShonda White 510-620-6828).
AGENDA
REPORT
316
February 20, 2024
DISCUSSION:
Since 1983, Richmond Certified Farmers’ Market Association (RCFMA) has successfully operated a Certified Farmers Market (hereinafter the “Market”) in Richmond, CA around Civic Center wherein farmers from around the Bay Area are provided an opportunity to sell their freshly grown produce and to sell various other related foodstuffs and crafts. Recognizing the community's demand for increased access to fresh, seasonal, and locally grown produce, the RCFMA aims to operate a new Market at Marina Bay Park in Richmond, CA.
The idea to establish a new farmers market was brought forward by then-Vice Mayor Gayle McLaughlin in 2023 (City Council Strategic Goals 3.2). This proposal was designated as a task for implementation by city staff in the next two to three years. Over the past six months, Councilmembers Gayle McLaughlin and Doria Robinson, RCFMA President Tom Cloman, Urban Tilth staff, and City Council Office and Parks and Community Services representatives have collaboratively worked to bring this concept to fruition. Councilmember McLaughlin also disseminated information to the Marina Bay Neighborhood Council and the Marina Bay Landscape and Lighting District.
The proposed Market at Marina Bay Park is planned to operate every Sunday from January to December (unless weather or other circumstances dictate otherwise).
Market activities are scheduled between 10:00 a.m. and 2:00 p.m., with the area blocked off from parking to support set-up and clean-up from 8:00 a.m. to 4:00 p.m.
Upon approval, the City and RCFMA will enter into a Land Use Agreement, effective from March 17, 2024, to December 31, 2026, with options for two one-year extensions.
The Agreement outlines the terms for the RCFMA's use of the property at no cost, and it clarifies that the City will not compensate the RCFMA for any services rendered. The RCFMA is obligated to adhere to all rules and regulations stipulated in the Agreement, utilizing the leased property in compliance with existing and amended laws. Importantly, the City is not obligated to provide a future site or renew the Agreement upon its expiration.
The Agreement outlines specific details such as hours of operation, minimum and maximum vendor numbers, operations and marketing plans, vendor performance criteria, site clean-up procedures, and City approval processes for non-certified vendors and signage. This comprehensive framework ensures the smooth and mutually beneficial operation of the Market at Marina Bay Park.
Benefits of Farmers’ Markets
Farmers’ Markets play a crucial role in communities, offering various benefits that contribute to the health and well-being of both individuals and the community as a whole. Farmers’ markets provide:
Local Economic Support: Farmers’ markets provide a platform for local farmers and small-scale producers to sell their products directly to consumers. This 317
February 20, 2024
direct-to-consumer model helps these producers earn a fair price for their goods, supporting their livelihoods and bolstering the local economy. Farmers’ markets provide a platform for small-scale entrepreneurs to test and showcase their products. This encourages innovation in food production, leading to the development of unique and high-quality offerings.
Access to Fresh, Healthy Food: Farmers markets offer a wide variety of fresh, seasonal, and locally grown produce. This enhances the accessibility of nutritious and diverse food options for community members, contributing to a healthier lifestyle.
Community Building: Farmers’ markets serve as communal gathering places where residents can interact with one another and with local producers. This sense of community fosters social connections, promotes a strong community identity, and encourages civic engagement.
Environmental Impact: By promoting local and sustainable agriculture, farmers markets help reduce the carbon footprint associated with transporting goods over long distances. This, in turn, contributes to environmental sustainability and reduces the overall impact of food production on the environment. Educational Opportunities: Farmers’ markets offer educational opportunities for both adults and children. Visitors can learn about different varieties of produce, the benefits of locally sourced foods, and sustainable farming practices directly from the farmers and producers.
Promotion of Cultural Diversity: Farmers’ markets often showcase a diverse range of products reflecting the cultural and culinary diversity of the community.
This exposure to different foods and traditions contributes to a rich cultural tapestry and fosters an appreciation for diversity.
Quality Assurance and Transparency: Consumers often have the opportunity to interact directly with producers at farmers’ markets, fostering a sense of trust and transparency in the food supply chain. This direct connection allows consumers to ask questions about farming practices, pesticide use, and other concerns, leading to increased confidence in the quality of the products.
Hosting a farmers’ market is a multifaceted strategy that positively impacts the economic, social, environmental, and health aspects of a community. As communities seek to build resilience and promote sustainability, the establishment and support of farmers’ markets emerge as valuable endeavors with far-reaching benefits for all stakeholders involved.
DOCUMENTS ATTACHED:
Attachment 1 – Attachment 1 – Land Use Agreement by and between the City of Richmond and the Richmond Certified Farmers’ Market Association 318
LAND USE AGREEMENT
BETWEEN
THE CITY OF RICHMOND AND
THE RICHMOND CERTIFIED FARMERS MARKET ASSOCIATION
THIS LAND USE AGREEMENT (the “Agreement”) is made and entered into this ___ day of _____________, 2024, by and between the CITY OF RICHMOND, a municipal corporation and charter city (“Landlord”), and the Richmond Certified Farmers Market Association, a California nonprofit corporation (“Tenant”). Landlord and Tenant are sometimes referred to individually as “Party” and collectively as “Parties.” This Agreement shall be effective immediately and shall replace and supersede any and all previous agreements or amendments thereto made between the parties.
Tenant’s address: P.O. Box 20995, El Sobrante, CA 94804______________________________ Contact person: Tom Cloman, President of the Richmond Certified Farmers Market Association Telephone: _(510) 268-8010 __ Email: [email protected]_________ ___________
RECITALS
WHEREAS, Tenant has operated a Certified Farmers Market (hereinafter the “Market”) in Richmond, CA around Civic Center since 1983 wherein farmers from around the Bay Area are provided an opportunity to sell their freshly grown produce and to sell various other related foodstuffs and crafts; and
WHEREAS, Farmers Markets play a crucial role in communities, offering various benefits that contribute to the health and well-being of both individuals and the community as a whole; and
WHEREAS, there is a desire for the Tenant to operate a new Market at Marina Bay Park in Richmond, CA to provide an additional opportunity for community members to access fresh, seasonal, and locally grown produce, and other items; and
WHEREAS, Tenant plans to operate a Market at Marina Bay Park limited to hours of operation from 8:00 a.m. to 4:00 p.m., every Sunday between January and December, with market hours scheduled for 10:00 a.m. to 2:00 p.m.; and
WHEREAS, the Parties will enter into a Land Use Agreement (hereinafter the “Agreement”) that shall commence on March ___, 2024 (“Commencement Date”), and expire on December 31, 2026, with an opportunity to extend the Agreement for two, one-year extension options, pursuant to Tenant’s ability to use and occupy Landlord’s property subject to the terms and conditions of this Agreement; and
WHEREAS, the parties wish to enter into an Agreement to describe the responsibilities of the parties for the temporary, non-exclusive use of Landlord’s property by Tenant.
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NOW, THEREFORE, in consideration of this Agreement and the mutual promises, covenants, and stipulations herein contained, the parties agree as follows:
Section 1. Incorporation of Recitals
The above recitals, including the paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.
Section 2. Description of Tenant Rules and Regulations
The rules and regulations agreed upon to be provided by Tenant are set forth in Exhibit “A”
Section 3. Location
The location of the Market is set forth in Exhibit “B.” However, if required and requested by Landlord, Tenant may be required upon five (5) days’ notice in advance to temporarily relocate the Market to an area in close proximity to the location set forth in Exhibit “B”. Any such temporary relocation shall be at Landlord’s sole and absolute discretion.
Section 4. Vendor Categories
The categories of acceptable certified and non-certified vendors are set forth in Exhibit “C.”
Section 5. Insurance
Insurance requirements are set forth in Exhibit “D.”
Section 6. Term of Agreement
The Agreement shall commence upon the Commencement Date and terminate on December 31, 2026 (“Termination Date”). This Agreement shall expire on the termination date unless sooner terminated in accordance with Sections 12 and 13. The Agreement may be extended by mutual written consent of the Parties, which shall not be unreasonably withheld. The City Manager has the authority to extend this agreement up to two times for a one-year period each time the Agreement is extended.
Section 7. Operations Plan
Tenant shall adhere to and update, as necessary, the Operations Plan as set forth in Exhibit “E.”
Section 8. Compensation
Landlord is allowing temporary access to its property for the specified purpose, term, and hours of operation to Tenant as described herein at no cost to Tenant. Landlord shall not pay Tenant for any services rendered under this Agreement.
Section 9. Inspection
If the services set forth in Exhibit "A" are performed by Tenant on Landlord’s property, Landlord shall have the right to inspect such work without notice.
Section 10. Services
The services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of Landlord. Tenant shall, at its own cost and expense, furnish all facilities and equipment necessary for Tenant to operate the Market.
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Section 11. General Use
Landlord’s property shall be used for activities consistent with Tenant’s operation of a Market.
Tenant shall use Landlord’s property in a manner consistent with all applicable laws, statutes, ordinances, or rules and regulations now in force and as they may be amended. Tenant shall pay all costs and expenses which may be incurred or required to be paid in order to comply with any and all laws, statutes, ordinances, rules, and regulations which apply to the use of the property and the sale of freshly grown produce and various other related foodstuffs and crafts.
Section 12. Termination Without Default
Notwithstanding any provision herein to the contrary, Landlord may, in its sole and absolute discretion and without cause, terminate this Agreement at any time upon five (5) days’ written notice to Tenant. Tenant may terminate this Agreement at any time in its sole and absolute discretion and without cause upon thirty (30) days' written notice to Landlord. In addition, Landlord may immediately terminate this Agreement upon written notice to Tenant, without default, in the event of any health or safety concerns related to the performance of this Agreement.
Section 13. Termination in the Event of Default
Should Tenant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, Landlord may immediately terminate this Agreement by giving written notice of such termination and in the notice, stating the reasons for such termination. Landlord shall be compensated for any expenses Landlord incurs as a result of Tenant’s default under this Agreement.
Section 14. Professional Ability
Tenant acknowledges, represents and warrants that Tenant is and its employees are skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. Landlord has relied upon the professional ability and training of Tenant as a material inducement to enter into this Agreement.
Tenant shall perform in accordance with generally accepted professional practices and standards of Tenant's profession. In the event that Landlord, in its sole discretion, desires the removal of any person employed or retained by Tenant to perform services hereunder, such person shall be removed immediately upon receiving notice from Landlord.
Section 15. Business License
Tenant shall obtain and maintain at all times a current Richmond Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by Landlord.
Section 16. Independent Tenant
It is expressly understood and agreed upon by both parties that Tenant, including its agents and employees, and its farmers while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent Tenant and not an employee of Landlord.
Tenant is solely responsible for its acts and omissions. This Agreement shall not be construed to 321
create an agency, servant, employee, partnership, or joint venture relationship. Tenant agrees not to represent, at any time or in any manner, that Tenant is an employee or agent of Landlord. As an independent Tenant, Tenant shall have no authority to bind Landlord to any obligation or to act as Landlord's agent except as expressly provided herein.
Section 17. Sub-Tenant
Tenant acknowledges that the services which Tenant shall provide under the Agreement are unique, personal services which, except as otherwise provided herein, Tenant shall not assign or sublet to any other party without the prior written approval of Landlord, which approval may be withheld in Landlord's sole and absolute discretion. In the event that Landlord, in writing, approves any assignment or subletting of this Agreement or the retention of sub-Tenants by Tenant, Tenant shall provide to Landlord upon request copies of each and every subcontract contract prior to the execution thereof by Tenant and sub-Tenant. Any assignment by Tenant of any or all of its rights under this Agreement without first obtaining Landlord's prior written consent shall constitute a material breach of this Agreement.
Section 18. Indemnification
To the fullest extent permitted by law, Tenant shall indemnify, defend and hold harmless Landlord and its officers, employees, elected and appointed officials, and volunteers (the "Indemnified Parties") from and against any and all claims, demands, causes of action, lawsuits (whether at law, equity or both), proceedings, liabilities, losses, damages, expenses, costs (including without limitation attorney's fees and costs and expert witness fees), judgments, penalties, and liens of every nature resulting from injury to or death sustained by any person (including Tenant's employees), or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with Tenant's performance of work, services, or use hereunder or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, regardless of the Tenant's fault or negligence, including any of the same resulting from the alleged or actual negligent act or omission of an Indemnified Party, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of Landlord, its officers, agents, or servants.
Tenant shall further indemnify, defend and hold harmless the Indemnified Parties, against and from any and all claims for damages or suits arising from Tenant’s use of Landlord’s property under this Agreement, and against and from all costs, attorneys’ fees, expenses and liabilities related to any claim for damages or any action or proceeding brought within the scope of this indemnification.
Submission of insurance certificates, endorsements, or other proof of compliance with the insurance provisions does not relieve Tenants from liability under these terms. These indemnification, hold harmless and defense obligations shall apply whether or not such insurance policies are applicable to any such damages or claims for damages, and shall survive the expiration or sooner termination of this Agreement.
Section 19. Safety
Tenant acknowledges that Landlord is committed to the highest standards of workplace safety.
Tenant shall perform all work and hereunder in full compliance with applicable local, state and 322
federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete responsibility for the safety of Tenant's employees and any sub-Tenant's employees. If a death, serious personal injury or property damage occurs in connection with the performance of this Agreement, Tenant shall immediately notify the Landlord by telephone.
Section 20. Nondiscrimination
In executing this Agreement, neither Tenant nor Landlord shall discriminate against any person on the grounds of race, color, religion, national origin, sex, marital status, disability, sexual orientation, ancestry or age. Any sub-Tenant agreement entered in by Tenant, pursuant to this Agreement, shall contain comparable language forbidding discriminatory practices by sub- Tenants.
Section 21. Non-Liability of Officials and Employees of the Landlord No official or employee of Landlord shall be personally liable for any default or liability under this Agreement.
Section 22. Remedies
In addition to any other available rights and remedies, either party may institute legal action to cure, correct or remedy any default, enforce any covenant herein, or enforce by specific performance the rights and obligations of the parties hereto.
Section 23. Litigation Costs
If legal action is necessary to enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable litigation expenses, including court costs, expert witness and attorney fees, discovery expenses and all other related costs.
Section 24. Conflict of Interest
Tenant acknowledges, represents and warrants that Tenant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Tenant further acknowledges, represents and warrants that Tenant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. No City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Tenant. Tenant acknowledges that in the event that Tenant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to Landlord forthwith. This provision shall survive the termination of this Agreement for one (1) year.
Section 25. Continuous Use Clause
Tenant agrees to operate the Market according to the agreed upon schedule and acknowledges that failure to operate on said schedule may, at the discretion of Landlord, put them in default of the Agreement.
Section 26. Force Majeure
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by 323
reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Agreement, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the control of such party.
Section 27. Governing Law
This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 28. No Third Party Beneficiaries
There shall be no third party beneficiaries to this Agreement.
Section 29. Interpretation
This Agreement shall be interpreted as if drafted by both parties.
Section 30. Authorized Representatives
Landlord and Tenant shall each designate an Authorized Representative who has authority to act on its behalf in the administration of this Agreement. Landlord and Tenant warrants that the person(s) who signs this document has the full authority to do so, and by his/her signature shall bind Landlord and Tenant to each and every term and condition hereof.
Section 31. Notices
All correspondence and notice to the parties indicated herein shall be sent to the parties as follows:
LANDLORD
City of Richmond
Attention: Shasa Curl, City Manager
450 Civic Plaza
Richmond, CA 94804
TENANT
Richmond Certified Farmers’ Market Association
Attention: Tom Cloman, President
P.O. Box 20995
El Sobrante, CA 94820
Section 32. Holdover
Unless otherwise specified by Landlord, if Tenant fails to vacate the location as set forth in Exhibit “B” after expiration or termination of this Agreement, Tenant shall be deemed a trespasser which shall entitle Landlord to all remedies in equity and at law, including damages, to remove Tenant as a trespasser.
Section 33. Nonrenewal
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Tenant understands and agrees that there is no representation, implication, or understanding that the Agreement will be renewed by Landlord under a new Agreement following expiration or termination of this Agreement. Tenant waives all rights or claims to notice or hearing respecting any failure by Landlord to continue the purchase of all or any such services from Tenant.
Section 34. Entire Agreement
This Agreement, including the Exhibits, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communication, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement; provided, however, that correspondence or documents exchanged between Tenant and Landlord may be used to assist in the interpretation of the Exhibits to this Agreement.
Section 35. Amendment of Agreement
The Richmond City Council or, after Council approval, the City Manager, and the Board of Directors of the Richmond Certified Farmers Market Association are empowered to amend the provisions of this Agreement at any time provided such amendments are mutually agreed upon in writing. The City Manager has the authority to extend this agreement up to three times for a two- year period each time the agreement is extended.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day first written above.
[Signatures on Following Page]
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LANDLORD:
City of Richmond, a California municipal corporation and charter city
By ______________________________
Title: ____________________________
Date: ____________________________
Attest:
By ______________________________
City Clerk
Approved as to form:
_______________________________
City Attorney
Insurance Coverage reviewed by:
________________________________
Risk Manager
TENANT:
Richmond Certified Farmers’ Market Association, a California nonprofit corporation
By ______________________________
Title ____________________________
Date _____________________________
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EXHIBIT A
Tenant Rules and Regulations
1. Scope
The scope of services to be performed by the Tenant under this Agreement shall encompass the operations of the Market.
2. Market Operation
Tenant shall establish and operate a Market event in the City of Richmond, at the location set forth in Exhibit “B” every Sunday from approximately 8:00 a.m. until 4:00 p.m., with market hours from 10:00 a.m. to 2:00 p.m., during the period from January to December (unless another time period is mutually agreed upon due to weather or other concerns),
3. Special Events
Should the Tenant require the use of City owned property for special events, the Tenant shall notify the Landlord in writing and if applicable, complete a City of Richmond Special Event Permit Application, at least thirty (30) days in advance of such event. The Landlord shall have the authority to approve, modify or reject such request.
4. City Business License
The Tenant shall obtain a City of Richmond Business License as the sponsor of the market.
5. Operations Plan
As determined necessary, Tenant shall update and adhere to the Operations Plan as set forth in Exhibit “E.” The Operations plan shall include, but not be limited to the following information:
a. Specified location and layout of market stalls, aisles, parking areas, type and locations of barricades, identification and directional signs, types and location of producers;
b. If applicable, number and type of entertainment and special events; c. Marketing and advertising plan, including signage. Any proposed signage requires City approval regarding content and location;
d. Market rules and regulations that are aligned with applicable local, state and federal laws to be distributed to all vendors and shall include provisions regarding:
i. Obtaining proper permits for participation;
ii. Limitations on selling;
iii. Market association fees;
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iv. Hours of operation;
v. Set-up and clean-up guidelines,
vi. Proper disposal procedures;
vii. Appropriate vendor behavior;
viii. Grounds for discipline or removal from market;
ix. Sanctions for breaking rules and regulations;
x. Information regarding health regulations; and
xi. Others as identified by Tenant.
e. Performance criteria which the Tenant will be responsible for enforcing and will be accountable to the Landlord for ensuring compliance.
6. Market Manager
Tenant shall hire and/or perform the following responsibilities:
a. A public relations coordinator and liaison to the Landlord. b. A trained on-site Market Manager who will be at each scheduled farmer’s market to assist on market days and for special events. His/her responsibilities shall include:
i. Implementing market policies and directives, and to oversee the operation of the market;
ii. Managing daily operations of the Market;
iii. Reporting any problems or concerns regarding Market operations to Landlord staff at the earliest opportunity;
iv. Ensuring vendor and Tenant compliance with all laws, rules and regulations from applicable regulatory agencies including, but not limited to, Contra Costa Health Services – Environmental Health Division and California Department of Food and Agriculture; v. Requiring all sellers to have and display at the market all appropriate permits, licenses and certificates;
vi. Ensuring that the Tenant shall not maintain, commit or permit the maintenance or commission of any nuisance or the use of the Landlord’s property for any unlawful purpose; and
vii. Maintaining financial records that establish compliance with the terms of this Agreement.
7. Market Vendors
The Tenant will recruit and put its best effort forth to have at least 10 but no more than 40 certified growers and non-certified vendors participate in the Market on a weekly basis. The Tenant will recruit and screen certified and non-certified vendors.
The selection of all vendors will be based on the categories outlined in Exhibit “C.”
8. Restrooms
Tenant is authorized to use the existing restrooms at Marina Bay Park.
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In the event that the restrooms are unavailable during Market hours, Tenant will be responsible for obtaining at least one (1) portable restroom and one (1) hand washing unit for use at every Market (units can be combined or separate). Tenant will incur all costs associated with the renting, cleaning and maintenance of the portable units.
Depending upon the direction provided by the City, the portable units should either be picked up by 7:00 p.m. every Sunday evening in which a market is held or the following Monday morning in which a market is held, or the portable units can remain on the Landlord’s property in an agreed upon location. If the portable units remain on the Landlord’s property then the Tenant must guarantee that the portable units are properly secured. Tenant is responsible for the cleaning and maintenance of the restroom facilities. The inside and outside of the restroom facilities need to be clean and trash free after every Market.
9. Market Site Maintenance & Clean-up
a. Site Clean-up: Tenant shall make certain that at the end of each market day the site is left clean of all trash, debris, recyclable and food waste materials (materials) associated with the Market. All materials shall be placed in appropriate receptacles for trash, recyclable and food waste materials. All vendors must maintain their stalls in a clean and sanitary condition, as specified by the City of Richmond, Contra Costa Health Services – Environmental Health Division, California Department of Food and Agriculture and any other applicable oversight agencies/entities. Each vendor is required to remove all materials from their stall areas before leaving the market. The Tenant is responsible for providing the appropriate trash and recycling receptacles for the use of vendors and customers. Tenant will provide its own custodial service for the Market clean-up and will guarantee that their custodial service vendor properly disposes of all waste. If the Landlord incurs clean-up costs as a result of the Tenant’s use of the Market area during market hours or from market vendors arriving or leaving the Market area, the Landlord will bill the Tenant for the costs.
b. City Dumpster Use: Use of an on-site dumpster or Landlord trash bins will not be allowed, unless agreed to by Landlord. If Tenant is allowed to utilize on- site dumpster or Landlord trash, recycling and/or green waste bins then Tenant must guarantee proper use of each bin (e.g. specific waste must be placed in the proper bins).
c. Long-Term Maintenance: If determined by Landlord, Tenant shall clean up any stains that result from market vendor vehicles twice per year via power washing or other acceptable method. It is recommended that vendors be required to lay down cardboard or other appropriate material to catch oil or other fluids which drip from their vehicles.
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d. Repairs: Tenant shall replace at its sole cost and expense any damage to the sidewalks, roadway, lighting, buildings, and landscaping or irrigation systems at Landlord’s property attributable to the Market.
10. Marketing
Any signs on or around the Market area shall be temporary and designed, purchased, ordered and installed by Tenant and/or qualified vendors. The design of any signs proposed to be placed on or around the Market area shall be approved by Landlord and the City of Richmond Planning and Building Department prior to installation and shall comply with all applicable City of Richmond codes and regulations governing signs. Signs will be set up and removed on Market day, unless permitted otherwise by Landlord.
11. Inspections
Tenant is required to inform Landlord of inspections by the Contra Costa Health Services – Environmental Health Division or other regulatory agencies and provide Landlord with any write-ups or reports provided by regulatory agencies. Any violations by Tenant shall be cause for Landlord, at Landlord’s sole discretion, to require that a specific vendor(s) be removed from the Market and/or termination of this Agreement.
12. Community Stall Space
Upon the availability of space, Tenant will provide community stall space free of charge to the Landlord, governmental agencies, and/or non-profit organizations serving Richmond to distribute information or raise funds for non-profit purposes. In the event that Tenant does not allow a City department and/or non-profit organization to occupy stall space at the Market, it is the responsibility of the Tenant to notify the organization that an appeal for community stall space may be made to the Landlord. 330
EXHIBIT B
Market Location
Farmers
Market
site
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EXHIBIT C
Vendor Categories
Acceptable categories of certified vendors:
Per the California Department of Food and Agriculture’s laws, certifiable agricultural products, which are certified under the jurisdiction of the County Agricultural Commissioner relative to inspection and verification of compliance with the provisions of this article, include fresh fruits, nuts, vegetables, shell eggs, honey, flowers, and nursery stock.
An approved seller must also have an approved application-to-sell on file with the Market Manager prior to exercising his/her privilege of selling at the market. Landlord may ask the Tenant to see this application and any applicable documents at any time.
Acceptable categories of non-certified vendors:
Per the California Department of Food and Agriculture’s laws, non-certifiable agricultural products include all certified agricultural products that have been processed, those products other than certified agricultural products noted in the definition of acceptable categories of certified vendors above from any tree, vine or plant and their flowers (including processed products), any horticultural (including floricultural), viticultural (including wine), and vemicultural or apiary products.
Specific items may include:
Baked items such as breads, crackers, cookies, etc.;
Cheese and spreads;
Restaurant foods, prepared for purchase at market such as pastas and sauces; Condiments such as oils, vinegars, mustards, etc.;
Handmade crafts such as wreathes/baskets.
Any non-certified vendor which is not among the categories listed above is subject to the review and approval of the Landlord prior to participation in the market.
Non-acceptable categories of vendors:
The sale or giving away of any live animals, including but not limited to domestic animals, wild animals, insects, livestock, or poultry (including chickens) is strictly prohibited at any time in addition to any illegal items under federal, state, or local law.
Special Notes Regarding Vendors:
Tenant shall not be allowed to permit vendors selling non-food items not listed above such as clothing and electronics, and those labeled as temporary and/or mobile vendors selling foods cooked and/or prepared at the Market without Landlord’s prior written consent. Any such vendors permitted by Landlord must follow all applicable laws and obtain the proper permits and licenses required prior to participation in the Market. In the event that Tenant allows such vendors to sell at the Market without prior approval Landlord may require that such vendor(s) be removed from the Market immediately.
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This list is designed to provide a guide to help Tenant in making selections of acceptable certified and non-certified vendors; however, as necessary, Landlord reserves the right to order the removal of any producer or product that does not meet the City’s codes or that causes a public nuisance.
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Exhibit D
Insurance
Tenant shall comply with the insurance requirements that are set forth in the City of Richmond - Insurance Requirements document that is attached hereto and incorporated herein by this reference.
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Exhibit E
Operations Plan
GOVERNING RULES FOR THE RICHMOND CERTIFIED FARMERS MARKET
THE PURPOSE of the Richmond Farmers Market Association (“Association”) is to operate a Certified Farmers Market in the City of Richmond, California, in accordance with the laws, ordinances, and regulations of the state, county, and local governments, for the benefit of the producers and consumers.
The Market is certified by the Agricultural Commissioner of Contra Costa County as a direct-marketing outlet for California producers of fruits, nuts, and vegetables. These producers may sell their products directly to consumers at the Market, without having to meet the usual size, standard-pack, and container requirements for such products, under the auspices of the Direct Marketing Regulations of the California Department of Food and Agriculture. Non-certified agricultural products may also be sold outside the certified portion of the market.
The following rules apply at the Richmond Certified Farmers Market:
1. CERTIFICATES AND OTHER REQUISITES FOR PARTICIPATION IN THE MARKET: All growers must be current members of this Association. Growers must possess and display an embossed copy of a current and valid Producer’s Certificate issued by the agricultural commissioner of the county where the producer’s farm is located. All certificates must list Contra Costa County as a destination county.
Only a certified producer, or a member of the grower’s immediate family, or a bona fide employee, may offer for sale the certified commodities.
All producer’s employees must supply proof of employment upon request. Proof may be a letter from and signed by the certified employer, a pay stub, or a W-9 form.
A certified grower may sell products for a maximum of one (1) other certified grower as long as the grower displays the other growers (current valid) certificate and clearly indicates, by sign or package label, the origin of those commodities.
Growers must get prior permission from the Market Manager to sell products from a second certificate.
However, the agent producer must own (produce) over 50 percent of the products displayed for sale. Each producer must also be a current member of this Association, the products must be separate and identified as belonging to the other producer’s certificate.
No peddlers or resale vendors are allowed under the California Administrative Code, Title 3, Chapter 3, Article 6.5; Direct Marketing.
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By signing the application form, a grower member specifically recognizes that a representative of the Market may, by appointment visit the certified farm location as necessary to verify compliance with these regulations.
Any producer claiming to have “organic” produce must grow the produce in accordance with current California and Federal regulations. Signs claiming that the produce has been organically grown must comply with current California and Federal rules. Grower should check with their local agricultural commissioner for current “organic” regulations.
By State regulations, producers’ certificates must be displayed prominently in their stalls.
The Contra Costa Health Services – Environmental Health Division has specific requirements for signs identifying vendors under their jurisdiction. Each seller should have a display sign bearing his or her business name and county of origin.
Producers must also provide the Market Manager with copies of other required documentation (such as liability insurance for the grower’s vehicle used in the market), and must understand and sign an agreement to respect these governing rules.
2. MEMBERSHIP: The current annual membership dues for Producers Members is $30.00. Membership entitles the producer to a reserve space (see #6, #10 and #14 below).
3. HEALTH REGULATIONS: All participants in the market must abide by the regulations set by the Contra Costa Health Services – Environmental Health Division and California Department of Food and Agriculture, or other applicable regulatory agencies.
All vendors shall comply with Chapter 12 of the California Retail Food Code with regards to Farmers’ Markets. Specifically, food and food containers must be kept at least 6 inches off the ground either on a study table or in (or on) a vehicle. Health regulations prohibit the sale of food prepared in an unlicensed kitchen. Food samples must be kept in approved clean containers. Gloves must be worn when cutting food samples. Samples must be washed in potable water and dispersed within 2 hours of cutting. Smoking by food handlers is not permitted in the market stall areas.
All vendors referred to as Temporary Food Facilities (Chapter 11 of the California Retail Food Code) and/or Mobile Food Facilities (Chapter 10 of the California Retail Food Code) shall comply with applicable Federal, State and local regulations.
4. PRICES, LABELS, MEASURES: Growers are strongly encouraged to display their prices (per unit, etc.) clearly and unambiguously.
Prepackaged products sold in containers (packages, bottles) should be labeled with the quantity or weight of the contents, the grade (if applicable), and the name and address (including zip code) of the producer.
Scale used in the market must have current valid inspection seals from the county agent in charge of weights and measures.
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5. DATES, HOURS: The Board of Directors determines the opening and closing dates for the Association’s market(s), as well as the opening and closing hours. Any changes to the dates and times set forth in this document shall be approved by the City of Richmond as long as the City’s land is being used for market operations.
The current market day and hours are: Every Sunday from 10:00 a.m. to 2:00 p.m.
Sales may be permitted before the official daily opening of the market. Sales shall end and clean-up shall begin no later than the official closing hour of 2:00 p.m.
6. RESERVATIONS: All growers are expected to reserve their spaces with the Manager. Growers arriving without reservations for their first time at market will be allowed to sell that day if there is room available and they satisfy all other requirements of membership and certification.
7. CANCELLATIONS: Growers are expected to cancel their space reservations before the next market day. Growers failing to notify the Manager in advance of their intention not to attend a market may be charged the regular stall fee for the day missed when they next appear at the market.
8. STALL FEES: The fee for Grower Members is $25.00 for each stall space.
The Association is authorized to handle and exchange food stamp and WIC coupons.
9. CLEAN-UP: The Association feels a special obligation to the City to leave their street in good order. Growers should keep and leave their space clean. This includes providing waste cans for sample peels and pits, policing the area periodically to prevent potential accidents, and removing waste from the market area at the end of the day.
At the Manager’s discretion, a cleaning fee of $10.00 may be assessed, after one warning, if the stall is not left clean, and a chronic violator (whom the Manager has warned at least three times, at least once in writing) risks suspension or loss of his or her reserved space.
10. STALL SPACES: Assignment of spaces is at the discretion of the Market Manager. Unresolved conflicts may be appealed to the Board. Although no formal seniority rule has been made, the Board and the Manager will try to respect the seniority of Grower Members who have a record of cooperation in reserving and cancelling their spaces in advance.
A stall space is 12 feet along the curb by about 25 feet into the street. We reserve the right to require growers to keep within these limits or pay for additional stall spaces, if available.
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11. PRODUCTS: Certifiable products include the following: Fresh fruit, nuts, vegetables, eggs, honey, flowers and nursery stock. The Board my limit the amount of certain products in the market:
a. There shall be no more than two sellers of eggs in the Market. Eggs sellers must own and control the hens laying the eggs and be in compliance with all laws, state and federal, relating to egg production, quality control, and sales.
b. There shall be no more than two sellers of honey in the Market. Honey sellers must own and control the hives where the honey has been produced and be in compliance with all laws relating to honey production and sales. Specifically, the seller must comply with state regulations regarding containers, grading, and labeling, and must supply a copy of the health permit for the kitchen facility used in preparation and packaging the product.
c. There shall be no more than two sellers of fresh flowers or nursery stock (potted plants) in the Market.
d. The sale or giving away, of any live animals, including but not limited to domestic animals, wild animals, insects, livestock, or poultry is strictly prohibited at any time.
12. OCEAN FISH: The sale of ocean fish is not allowed by the Direct Marketing Rules within the “certified” area of the Market. Vendors wishing to sell ocean fish are to occupy an area designated for non-agricultural products which is outside the “certified” Market.
There shall be no more than two sellers of ocean fish in the non-agricultural area of the Market. Ocean fish sellers must supply the Manager with copies of pertinent permits and licenses, and particular, of currently valid product-liability insurance coverage.
13. QUALITY: Growers shall guarantee their products, food items and whatever they sell.
All sellers of potentially hazardous food (as defined in State regulations: “any food which consists of ingredients capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms, including, but not limited to, milk or milk products, eggs, meat, poultry, fish or shellfish”) must furnish satisfactory proof of compliance with regulations applicable to the preparation of their products (such as licenses from approved commissaries).
The market Manager has the authority to order a grower to label a commodity of impaired quality and/or to remove it from sale on any given market day on account of poor quality. In case of dispute, the matter may be referred to the Board of Directors.
Any grower receiving two (2) “red tags” (for substandard quality) from the county or state Agricultural Commissioner for the same commodity within a market season will be 338
summoned to meet the Board of Directors for a review of the grower’s continued participation in the market.
14. STANDARDS OF CONDUCT: PENALTIES: Sellers are expected to maintain high standards of honesty and to conduct themselves in a courteous, respectable, and businesslike manner. Rude, abusive, or other disruptive or offensive conduct will not be allowed in the Market at any time.
Customers are expected to maintain similar standards.
Day-to-day market problems should be handled through the Market Manager, but matters of policy, complaints and major difficulties should be taken up with the Board in writing.
The Board of directors and the Market Manager shall implement and enforce all rules and regulations pertaining to the operation of the Certified Farmers Market in fair and equitable manner.
Whereas the Market will make available the space and opportunity for any qualified producer who meets the standards of the State, County, and the Market’s rule and regulations, we also reserve the right to qualify any producer or product based upon those standard rules and regulations.
The Market also reserves the right to order removal of any producer or product that does not meet the qualifications and standards set forth by the State, County, or Market rules.
The Market Manager will assure compliance with these regulations as follows:
a. The Manager will deliver fair warning of the alleged infraction(s), verbally at first; then, in case of need, by written notice to the offending grower(s), with a copy to the Board.
b. If the alleged infraction is not resolved to the Manager’s satisfaction by the next market day, the Manager will issue a second written notice which will carry an automatic fine of $10.00.
c. If the alleged infraction is still not satisfactorily resolved, the Manager may recommend to the Board suspension of the producer’s membership and selling privileges at the Market. The Board’s decision after fair hearing is final.
15. REPRESENTATION: The Board of Directors of this Association includes one (1) representative from each Community Organization Member, and nine (9) grower and individual members. All producer Members of the Association are entitled to participate in selecting their Board representatives.
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Only the Board of Directors and its officers, the Market Manager, and individuals who may be appointed and approved by the Board, may speak publicly on behalf of the Association or its market.
16. OTHER RULES: Occasionally, other rules governing the market may be adopted by the Board as allowed in the Association’s by-laws. Members will be notified, in advance, as new rules are being considered, and again if the rules are adopted.
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February 20, 2024
Library and Community Services
Employment & Training
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services
Tamara Walker, Deputy Director of Community Services,
Employment & Training
Subject: Funding from the Alameda County Workforce
Development Board to Support the Prison to Employment
2.0 Regional Partnership Initiative
FINANCIAL IMPACT: The proposed $81,934.17 expenditure will be funded entirely by the Alameda County Workforce Development
Board. There is no requirement for any local match to this grant. The budget for the Employment & Training
Department will be increased by $81,934.17. There is no net change to the budget.
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The City of Richmond Employment & Training Division
was awarded a grant totaling $81,934.17 from the
Alameda County Workforce Development Board. The
funds will be used to provide pre-release and post-
release employment and training services to justice-
involved job seekers in Richmond.
RECOMMENDED ACTION:
ACCEPT and APPROPRIATE $81,934.17 in grant funds
received from the Alameda County Workforce
Development Board to provide pre-release and post-
release workforce services for justice-involved job
seekers in Richmond – Community Services Department
(LaShonda White 510-620-6828/Tamara Walker 510-
307-8006).
AGENDA
REPORT
341
February 20, 2024
DISCUSSION:
On August 1, 2022, the East Bay Regional Planning Unit (East Bay RPU) submitted a grant application for the Prison-to-Employment 2.0 Regional Partnership grant released by the California Workforce Development Board. The East Bay Regional Planning Unit is comprised of four local workforce development boards: Alameda County, Contra Costa County, Oakland, and Richmond. The fiscal agent for the grant is the Alameda County Workforce Development Board.
The Prison-to-Employment 2.0 grant is the second iteration of the state’s Prison-to- Employment Initiative. The East Bay RPU received funds under the Prison-to- Employment Regional Planning Initiative, and the City of Richmond was one of the workforce boards to receive an allocation as a sub-grantee. The initiative implements a regional plan to serve formerly incarcerated and other justice-involved individuals in the East Bay. The East Bay RPU was awarded $639,758, and as a sub-grantee, the City of Richmond will receive $81,934.17 (Attachment 1). The determination of allocation was based on the local workforce area population.
Employment and Training will use funds for pre- and post-release training and support for justice-involved job seekers in obtaining their Class A truck driving license.
DOCUMENTS ATTACHED:
Attachment 1 - Contract P2E 2.0 between Alameda County and City of Richmond
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February 20, 2024
Mayor's Office
DATE: February 20, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Planning Commission Appointments
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Gay Timmons is applying for a vacant seat with an
unexpired term. Alexander Golovets is applying for a seat with an expired term.
RECOMMENDED ACTION:
APPOINT Gay Timmons to the Planning Commission
with a term expiring on June 30, 2024; and APPOINT
Alexander Golovets to the Richmond Planning
Commission with a term expiring on June 30, 2026 –
Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
Gay Timmons’ application for the Planning Commission is driven by a lifelong connection to the Bay Area and a commitment to community service, inspired by her family's involvement in public health. With expertise in sustainability, anthropology, and physiology, she aims to address the impact of development on community health. Her experience as a local homeowner and business owner provides a practical perspective on Richmond's urban challenges. Gay is being appointed to a vacant seat. Once the previous seat’s term is completed, Gay will have the opportunity to re-apply for another term.
AGENDA
REPORT
404
February 20, 2024
Alexander Golovets' application to the Planning Commission is driven by his goal to foster sustainable, efficient, and responsible development in Richmond. Deeply committed to addressing the housing crisis in the Bay Area, his background as an attorney equips him with strong analytical and research skills. His background and expertise positions him well to contribute meaningfully to solving complex urban planning challenges.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted Applications
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February 20, 2024
Mayor's Office
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Workforce Development Board Appointments
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Sarah Wally and Evan Decker are applying for
reappointments on the Workforce Development Board
RECOMMENDED ACTION:
REAPPOINT Sarah Wally and Evan Decker to the
Workplace Development Board with terms expiring on
March 1, 2028 - Mayor’s Office (Mayor Eduardo Martinez
510-620-6503).
DISCUSSION:
Sarah Wally's reapplication for a seat on the Workforce Development Board is driven by her interest in Economic Development and Employer Engagement. Her roles as Vice Chair of the Richmond Chamber of Commerce and Treasurer for the Richmond Main AGENDA
REPORT
408
February 20, 2024
Street Initiative underscore her active involvement and leadership in key civic and fraternal organizations. These positions highlight her commitment to fostering business growth and community development in Richmond.
Evan Decker's reapplication for the Workforce Development Board is driven by his role as Dean of Contra Costa College, the largest post-secondary education and training institution in the area. His interest in reappointment is closely tied to the college's stake in the board's plans, processes, and the local impact on workforce development. This connection emphasizes the importance of aligning educational programs with market needs, ensuring that students are prepared for current and future job opportunities.
DOCUMENTS ATTACHED:
Attachment 1 – Redacted Application for Sarah Wally
Attachment 2 – Redacted Application for Evan Decker
409
REFERENCES (Minimum 3/List Name, Address, Phone Number, and Email Address) 1)
2)
3)
Richmond Workforce Development Board
E-mail
Home
Address Zip
City
BOARD OR COMMISSION APPLICATION FORM
Education
Fraternal and/or Civic Organizations
Name of Board or Commission
Your Name
Occupation
City
Business Name
organizations, and youth‐serving organizations
OR EMAIL TO: [email protected]
330 - 25th Street
Richmond, CA 94804
DELIVER OR MAIL TO:
Phone (H) Phone (W)
Business
Address Zip
Reasons for Interest in Appointment
□ Representatives of Labor, joint‐management apprenticeship programs, Community‐based □ Business representatives (majority)
□ Representatives of entities administering education and training □ Representatives of governmental, economic development, and community WIOA implementation also requires a smaller and more active Board. The criteria for Board membership includes:
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September 12, 2023
Mayor's Office
DATE: February 20, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Richmond Youth Council Appointment
FINANCIAL IMPACT: N/A
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
JannVenus Espadera Monreal is applying for a vacant
seat on the Richmond Youth Council.
RECOMMENDED ACTION:
APPOINT JannVenus Espadera Monreal to the Richmond
Youth Council with a term expiring on October 1, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).
DISCUSSION:
JannVenus Espadera Monreal's application for a vacant seat on the Richmond Youth Council is driven by her active involvement in her community and school. As a student at Richmond High School, she dedicates her time to volunteering at Saturday food drives and tutoring elementary school students, showcasing her commitment to giving back. Additionally, her leadership skills are evident in her roles as the treasurer of the robotics club and the API (Asian Pacific Islander) club. These experiences not only highlight her dedication to service and education but also her ability to manage responsibilities and work collaboratively, making her a strong candidate for the Richmond Youth Council.
DOCUMENTS ATTACHED:
Attachment 1 – JannVenus Redacted Application
AGENDA
REPORT
412
413
414
February 20, 2024
Mayor's Office
DATE: February 20, 2024
TO: Members of the City Council
FROM:
Mayor Eduardo Martinez
Subject:
Proclamation Acknowledging the 2024 Lunar New Year
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
The City of Richmond celebrates the Lunar New Year,
recognizing the diverse cultural traditions of its residents from East Asian countries. This celebration, marked by
customs such as family reunions and traditional
festivities, strengthens community ties and promotes
inclusivity.
RECOMMENDED ACTION:
PROCLAMATION recognizing the 2024 Lunar New Year
in the City of Richmond, which began on February 10th – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
DISCUSSION:
In Richmond, the Lunar New Year starting on February 10th, 2024, celebrates the city's cultural diversity. Originating from East Asian traditions, the event includes family gatherings, red envelopes, traditional foods, dragon dances, and fireworks. These AGENDA
REPORT
415
February 20, 2024
customs symbolize renewal and the welcoming of prosperity and health. The city's participation in the Lunar New Year highlights its commitment to inclusivity and the value of diverse cultural contributions. This celebration is a step towards fostering a more inclusive and knowledgeable society in Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – Lunar New Year Proclamation
416
WHEREAS, the City of Richmond is a community enriched by the diverse cultural backgrounds and traditions of its residents, and
WHEREAS, the Lunar New Year, also known as Spring Festival, marks the first new moon of the lunisolar calendars traditional to many East Asian countries, including China, Korea, Vietnam, and others, symbolizing the beginning of spring and a new year ahead, and
WHEREAS, this auspicious occasion is celebrated with various customs such as family reunions, the giving of red envelopes (lucky money), traditional foods, dragon and lion dances, and fireworks, all of which signify the expulsion of the old and the welcoming of the new, prosperity, and good health, and
WHEREAS, the Lunar New Year encourages reflection, renewal, and the strengthening of familial and community ties, promoting values such as respect for elders, kindness, and the aspiration for harmony and happiness in the year to come, and
WHEREAS, Richmond's celebration of the Lunar New Year reflects our city's commitment to fostering an inclusive environment that honors the traditions and contributions of all its inhabitants, thereby enriching our collective cultural heritage and understanding,
NOW, THEREFORE, I, Mayor Eduardo Martinez, on behalf of the Richmond City Council, hereby declare February 10th, 2024, as a day of cultural celebration and recognition throughout our city in honor of the Lunar New Year. I encourage all residents to engage in and support the Lunar New Year festivities, to educate themselves about the cultural traditions it represents, and to embody the spirit of renewal and community unity that it signifies.
Proclamation Celebrating the Lunar New Year 2024
______________________________
Mayor Eduardo Martinez
City of Richmond
February 20, 2024
______________________________
Cesar Zepeda
District 2 Councilmember
City of Richmond
417
February 20, 2024
Police Department
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Bisa French, Chief of Police
Subject:
Sole-Source Contract with Tactical K-9, LLC to Train and Maintain Richmond Police Department’s K-9 Unit
FINANCIAL IMPACT: The proposed expenditure of $41,500 will come from the Police Department’s approved Fiscal Year 2023-2024
adopted budget – account string 01191021-400201.
PREVIOUS COUNCIL
ACTION:
n/a
STATEMENT OF THE
ISSUE:
The Richmond Police Department has five canine (K-9)
teams that require ongoing training to optimize
functionality, obtain required certification, and minimize liability.
RECOMMENDED ACTION:
APPROVE a sole-source contract with Tactical K9, LLC,
in the amount of $41,500, to provide continued K-9
maintenance training, for the term February 21, 2024,
through February 20, 2025, with two additional one-year mutually agreed upon extension options at a cost not to exceed $41,500 per extension year – Police Department
(Chief Bisa French 510-621-1802).
DISCUSSION:
AGENDA
REPORT
418
February 20, 2024
The City of Richmond’s Police Department (RPD) K-9 Unit would like to enter into a one-year sole-source contract with Tactical K-9, LLC. Tactical K-9, LLC’s flexibility and eight-year history with RPD allows the K-9 teams to move forward without change to the current training schedule. The owner, Douglas Roller, and the trainers from Tactical K-9, LLC are recognized by the courts as experts in the area of police service dogs and can also provide Police Department staff with E-Collar training for their police service dogs.
Douglas Roller's team at Tactical K9 has been used by RPD since 2015 and has a great reputation and understanding with not only the canine, but also with the Police Officer handlers. Roller's training history with RPD means that he has trained most, if not all, of the canines currently used by RPD. Consistency is a key reason it is generally preferable for a police canine to stick with a single trainer rather than switching trainers.
This approach fosters trust (bonding), allows for the development of a reliable communication system based on consistent commands and cues, and ensures that the dog and handler understand each other's signals and body language. A consistent training environment (City of Richmond facility) also enables the reinforcement of specialized training techniques, such as the e-Collar training, and promotes efficient task execution. The stability in the handler-dog relationship contributes to effective teamwork, reducing stress and anxiety for the dog and enhances overall performance in various law enforcement tasks. While there may be exceptions, maintaining a continuous and consistent training partnership is essential for the success and well- being of the police canine and canine handler.
Since working with Tactical K-9, LLC, RPD staff have seen the K-9 unit develop and grow into a very productive and useful entity for the Department. Continuing with Tactical K-9, LLC will offer the same consistent training focused on off-leash control, advanced tactics, productivity, and risk management. For these reasons, RPD staff recommends approving the one-year contract with Tactical K-9, LLC and allowing for two one-year mutually agreed upon extensions given the cost does not increase by more than the average annual Consumer Price Index (CPI).
DOCUMENTS ATTACHED:
Attachment 1 – Original Contract
Attachment 2 – Executed Sole-Source Form
419
CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail: Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
420
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions.
This Contract is subject to the General Conditions
(Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions
. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions.
This Contract is subject to the Insurance Provisions
(Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President and
(b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
421
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
Police Department
422
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHM
OND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 423
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
424
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, Copyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 425
General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 426
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records . Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 427
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 428
General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default
. Notwithstanding any provision herein to the
contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
429
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification
.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 430
General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 431
General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws
. Contractor shall comply with all federal, state and
local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 432
General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 433
General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence
. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality
. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
434
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal
. Contractor understands and agrees that there is no
representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability
. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 435
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance
.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
436
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 437
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
438
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
439
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)
7. Contractor’s Pollution Liability (if applicable for Construction Contractors)
Required Coverage
Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
440
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement
Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 441
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
442
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:
Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
443
Disclosure Statement for Limited Liability Companies
Is your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.
If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual person(s) is/are disclosed.
Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.
In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.
Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________
444
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 ultimatel
y 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 failur e to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the forego ing is true and correct. Executed this day of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
EXHIBIT H
CITY OF RICHMOND
Sa
nctuary City Compliance Statement
The undersigned, an author ized agent of ( hereafter "Co
ntractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understand s and agrees that the City may choose with wh om it w ill maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to t
he 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:
445
446
447
12 18 2023
448
PUBLIC WORKS
JANUARY 2024
ABATEMENT UPDATE
FEBRUARY 20, 2024
449
NEIGHBORHOOD
CLEAN-UPS (0)
Name of Neighborhood Council
Area
450
ILLEGAL DUMPING
290.37 Tons removed
451
ILLEGAL DUMPING
1200 Locations
452
ILLEGAL DUMPING: MATTRESSES, PAINT/OIL AND TIRES
268 Mattresses 114 Gallons of Paint/Oil 194 Tires 453
AFTER HOURS EMERGENCY BOARD-UP (1)
1 Location
454
ENCAMPMENT ABATEMENT (9)
13.20 Tons removed
455
Dec.Nov.OctSep.Aug.JulyJuneMayAprilMarchFeb.Jan.Tonnage Collected 290.37Illegal Dumping
0Neighborhood Clean-Ups*
13.20Encampments
303.57Totals
0*Number of Events
456
LEAVES/LITTER ABATEMENT
457
LEAVES/LITTER ABATEMENT
458
GRAFFITI REMOVAL
197 Tags Removed
104 Locations
459
GRAFFITI REMOVAL
460
ABATEMENT STAFF HOURS
Illegal Dumping 2286
Encampment Removal 58
Graffiti Abatement 168
North Richmond Mitigation 44
Leaves/Litter Abatement 102
Private Board Ups & Clean-Ups 6
Transport/Misc.* 182
Total 2,856
January Hours
Illegal Dumping Encampment Removal
Graffiti Abatement North Richmond Mitigation
Leaves/Litter Abatement Transport/Misc*
Board Ups/Clean Ups
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal.
461
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2024
0 50
100
150
200
250
300
350
January
462
ILLEGAL DUMPING TOTAL COST PER MONTH – 2024*
$0
$500
$1,000
$1,500
$2,000
$2,500
January
*Includes Labor and Equipment
463
464
PARTNERSHIPS
465
February 20, 2024
Public Works
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo PE, Deputy Director of Public Works / City Engineer
Ken Cheng PE, Senior Civil Engineer
Subject:
6th Street and Macdonald Avenue Traffic Signal
Improvement Project Fund Allocation
FINANCIAL IMPACT: Appropriate funds in the amount of $241,000 from Measure J Funds (Fund 2002) for the 6th Street and
Macdonald Avenue Traffic Signal Improvement Project
for design and construction (Account String: 20236031-
400708-23047).
PREVIOUS COUNCIL
ACTION:
N/A
STATEMENT OF THE
ISSUE:
Public Works staff is requesting the appropriation of
funds to complete the design and construction of the 6th Street and Macdonald Avenue Traffic Signal
Improvement Project.
RECOMMENDED ACTION:
ADOPT a resolution to allocate and appropriate Measure
J funds (Fund 2002) in the amount of $241,000 for the
completion of the design and construction of the 6th
Street and Macdonald Avenue Traffic Signal
Improvement Project – Public Works Department (Robert
Armijo 510-620-5477, Ken Cheng 510-621-1612).
AGENDA
REPORT
466
February 20, 2024
DISCUSSION:
The traffic signal at the 6th Street and Macdonald Avenue intersection is currently in flash mode. Vehicle Code section 21800(d) requires motorists approaching this intersection to safely navigate the intersection. Drivers are required to stop at this intersection and proceed with caution only when it is safe to do so. Therefore, motorists can continue to use this intersection while permanent repairs are pending. The proposed improvement will repair and improve the traffic signal to current standards to ensure efficient traffic flow that will optimize traffic signal operations.
The engineering services for the project will be provided by CSW|ST2, via their existing On-Call contract, with the amount not to exceed $25,000. It should be noted that CSW|ST2 has already initiated preliminary design work for this project, but additional funding is needed to complete the design and to provide services during construction.
For the construction phase, staff intends to use the services of NEMA Construction as the builder, who provided a bid of $179,820. The project will benefit from an expedited process by utilizing the City’s as-needed electrical contract. Also, included in the funding request is $36,180 for contingency funding that would be applied towards change orders or other unforeseen work.
The total estimated cost for the entire project is $241,000, which will be funded through Measure J Funds. The project schedule includes the design phase, slated to begin in March 2024 and conclude in April 2024. Subsequently, the construction phase is expected to commence in April 2024 and conclude by September 2024.
Public Works staff recommends that the City Council approve the appropriation of Measure J funds (Fund 2002) in the amount of $241,000 for the design, construction, and construction management of the traffic signal improvement project at the intersection of 6th Street and Macdonald Avenue.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution
467
Reso. No. xx-23
RESOLUTION NO. xx-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA APPROVING THE ALLOCATION AND APPROPRIATION OF MEASURE J FUNDS (FUND 2002) IN THE AMOUNT OF $241,000 FOR THE COMPLETION OF DESIGN AND CONSTRUCTION FOR THE 6TH STREET AND
MACDONALD AVENUE TRAFFIC SIGNAL IMPROVEMENT PROJECT
WHEREAS, traffic signal at 6th Street and MacDonald Avenue intersection is currently in flash mode, necessitating urgent repair and upgrade to ensure optimal operations and smooth traffic flow; and
WHEREAS, staff recommends that the City Council allocate and appropriate Measure J funds (Fund 2002) in the amount of $241,000 for the completion of the design and construction of the 6th Street and Macdonald Avenue Traffic Signal Improvement Project; and
WHEREAS, staff proposes to retain CSW|ST2, from its On-Call Contract, for the design of the 6th Street and Macdonald Avenue Traffic Signal Improvement Project in the amount of $25,000; and
WHEREAS, staff proposes to select NEMA Construction, from its As-Needed Contract, for the construction of the 6th Street and Macdonald Avenue Traffic Signal Improvement Project in the amount of $216,000 (which includes a contingency of $36,180); and
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council allocate and appropriate Measure J funds (Fund 2002) in the amount of $241,000 for the completion of the design and construction of the 6th Street and Macdonald Avenue Traffic Signal Improvement Project.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.
*************************
I certify that the foregoing res olution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held February 20, 2024, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
468
Reso. No. xx-23
Mayor
Approved as to form:
City Attorney
469
February 20, 2024
City Attorney's Office
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Heather McLaughlin, Interim Senior Assistant City Attorney Nickie Mastay, Deputy City Manager
Subject:
City Manager’s Amended and Restated Employment
Agreement
FINANCIAL IMPACT: The estimated additional fiscal impact is as follows:
October 1, 2023 – $5,667.69/estimated total for three
months (October through December 2023)
January 1, 2024 - $23,804.29/annually
January 1, 2025 - $24,994.51/annually
January 1, 2026 - $26,244.23/annually
January 1, 2027- $27,556.45/annually
PREVIOUS COUNCIL
ACTION:
April 5, 2022, and December 20, 2022
STATEMENT OF THE
ISSUE:
On April 5, 2022, the City Council approved an
Employment Agreement with City Manager, Shasa Curl.
On December 20, 2022, the City Council approved an
amendment regarding deferred compensation. The
proposed action will restate the agreement and extend the term of the agreement for two years, amend the
compensation provisions by providing at least five percent increases, and provide detail on the performance
evaluation process.
AGENDA
REPORT
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February 20, 2024
RECOMMENDED
ACTION:
APPROVE the amended and restated City Manager
Employment Agreement that extends the term of the
agreement for two years to April 5, 2027, amends the
compensation provisions by providing at least five percent increases, and provides detail on the performance
evaluation process – City Attorney’s Office (Dave Aleshire 510-620-6509/ Heather McLaughlin 510-620-6509/Nickie
Mastay 510-620-6609).
DISCUSSION:
On April 5, 2022, the City Council approved a City Manager Employment Agreement (“Agreement”) with Shasa Curl (Attachment 2) for a three-year term, April 6, 2022 through April 5, 2025. On December 20, 2022, the City Council approved a First Amendment to the Agreement (Attachment 4). The First Amendment did two things: i) clarify the timing of the City deferred compensation contribution and increase the City contribution to match the then-current IRS annual contribution limit; and ii) provide the City Manager an annual nonpersable lump sum retention payment of $7,850.
Following these City Council actions, agreements have been reached between the City Council and various labor groups, leading to increased stability within the organization.
Granting the City Manager a similar increase and extending the term of her agreement will reduce compaction between the City Manager and other employees. The proposed changes to the City Manager Agreement are outlined below:
TERM (Section 1.01)
Previous: April 6, 2022 – April 5, 2025 (3 Years)
Proposed: April 6, 2022 – April 5, 2027 (5 Years)
COMPENSATION (Section 2.01B)
Note: Increases are from the pay period that includes the listed date. As of January 1, 2023, base compensation is $312,700.
Date Original Agreement Proposed Change
1-1-2023 5% or CPI whichever is higher Same None
10-1-2023 None 5% +5%
1-1-2024 4% or CPI whichever is higher 5% or CPI whichever is higher +1% 1-1-2025 4% or CPI whichever is higher 5% or CPI whichever is higher +1% 1-1-2026 N/A 5% or CPI whichever is higher +5%
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February 20, 2024
1-1-2027 N/A 5% or CPI whichever is higher +5%
EVALUATION (Section 3.01)
The Agreement provides for an annual review within 60 days of April 6 each year. The changes here provide more detail for the evaluation process and provide for a new 360 evaluation process for the City Manager on April 6, 2026. Other new details include:
Use of a facilitator unless the parties agree otherwise; A competitive process for selecting the facilitator which will require starting the process at least 120 days before April 6;
The agreement with the facilitator may be a multi-year agreement; Human Resources will give all the applications for facilitator to the City Council and the City Manager;
Human Resources will make a recommendation about which facilitators the City Council and City Manager should review;
City Council and the City Manager will agree on who will be interviewed for facilitator;
o City Council may delegate its reviewing and interviewing duties to an a subcommittee;
The process, criteria and format of the evaluation will be consistent with prior evaluations and the facilitator shall help develop this. It will include:
1) Rating Form – The ICMA City Manager Performance Evaluation Form is to be completed by each Councilmember;
2) Assessment of the accomplishment of prior goals and objectives; and 3) Establishment of goals and objectives for the coming evaluation period. A seven-step process for the Council and City Manager to meet and discuss goals and objectives (both past and future) (See Section 3.01D). These steps set forth an interactive process between the Council and City Manager and use the facilitator to consolidate individual evaluations into one final written evaluation.
The 360 evaluation will happen April 6, 2026. This will allow time to implement any ideas from the 360 evaluation. The 360 evaluation will consider the teamwork, communication, leadership, and management skills of the City Manager by soliciting input from the City Manager’s direct report management employees, other employees selected by the City Council, and community stakeholders. It is the goal to have 360 evaluations for all managing and supervising employees.
TERMINATION BY EMPLOYER (Section 4.02D)
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This is a new section that would prohibit the City Council from terminating the City Manager within ninety (90) days following an election, but only if at least one new Councilmember has been elected.
DOCUMENTS ATTACHED:
Attachment 1 – April 5, 2022 Staff Report
Attachment 2 – City Manager Employment Agreement
Attachment 3 – December 20, 2022 Staff Report
Attachment 4 – First Amendment to City Manager Employment Agreementi Attachment 5 – City Manager Amended and Restated Employment Agreement i No signed copy.
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April 5, 2022
City Attorney's Office
DATE: April 5, 2022
TO: Mayor Butt and Members of the City Council
FROM:
David Aleshire, Interim City Attorney
Subject:
Approval of City Manager Agreement
FINANCIAL IMPACT: This action has an annual financial impact of approximately $443,596 based on total compensation.
All costs are included in the City Manager’s office budget.
PREVIOUS COUNCIL
ACTION:
Ms. Curl was previously appointed as Interim City
Manager on November 23, 2021.
STATEMENT OF THE
ISSUE:
This item involves consideration of approving an
employment contract with Shasa Curl as Richmond’s City
Manager. The proposed agreement sets forth the terms
of employment with Ms. Curl, with an effective date of
April 6, 2022.
RECOMMENDED ACTION:
APPROVE an employment agreement with Shasa Curl
as Richmond City Manager, providing for a three-year
term commencing April 6, 2022, at an initial base salary of $295,000 annually (approximately $443,596 total
compensation) – City Attorney’s Office (Dave Aleshire
510-620-6509).
DISCUSSION:
Shasa Curl has served as the City’s Interim City Manager since November 23, 2021.
Based on her performance as Interim City Manager and upon the direction given by a AGENDA
REPORT
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April 5, 2022
subcommittee approved by the Council regarding the City Manager appointment, contract terms were negotiated with Ms. Curl to become Richmond’s permanent City Manager.
Ms. Curl began her career in the City of Richmond in 2003, where she served in the Richmond Community Redevelopment Agency. Prior to Richmond, she worked at the San Jose Redevelopment Agency. Since 2011, Ms. Curl has held various leadership roles in the Richmond City Manager’s Office, including Deputy City Manager, Economic Development, Community & Economic Development Director, and Administrative Chief.
In addition, Ms. Curl serves as a member of the Richmond Promise Board, and previously served on the Nurturing Independence Through Artistic Expression (NIAD) Board.
Ms. Curl has extensive experience in public administration, environmental and health equity, as well as community and economic development. With support and policy guidance from the Richmond City Council, Ms. Curl’s career achievements include leading the successful transition of the Richmond Housing Authority’s (RHA) Housing Choice Voucher (HCV) Program to the Housing Authority of Contra Costa County; working collaboratively with Water Emergency Transportation Authority (WETA) to launch the Richmond/San Francisco Ferry Service; leading the successful launch of the Richmond Rent Program; launching the $35 million Richmond Promise Scholarship and College Success Program; and managing the Richmond Civic Center Renovation project.
Ms. Curl holds a Master of Arts in Urban Planning from the University of California, Los Angeles.
Contract Terms
California Government Code section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a City Manager. Accordingly, the significant terms of Ms. Curl’s proposed employment agreement are outlined below and will be orally summarized at the April 5, 2022 City Council meeting:
Term: 3 years commencing on April 6, 2022 to April 5, 2025.
Annual Salary: Initially $295,000.
Base Salary Increases:
Effective 1/1/23 – Ms. Curl will receive the greater of i) 5.0% or ii) the 12- month percentage change for the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco Area as measured in October of the prior year;
Effective 1/1/24 – Ms. Curl will receive the greater of i) 4.0% or ii) the 12- month percentage change for the CPI-U for the San Francisco Area as measured in October of the prior year; and
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April 5, 2022
Effective 1/1/25 – Ms. Curl will receive the greater of i) 4.0% or ii) the 12- month percentage change for the CPI-U for the San Francisco Area as measured in October of the prior year.
Employment Status: The City Manager position is at-will.
Severance: For termination without cause, Ms. Curl would receive 6 months of severance pay, plus an additional month for each full year she works as City Manager, up to a maximum of 12 months severance. However, pursuant to state law, any severance pay could not exceed the number of months left on the unexpired term of the employment agreement. Severance pay would be in exchange for a general release.
Automobile Allowance: $500 per month.
Medical, Vision, and Dental Insurance: The City would pay the premiums for medical, vision, and dental insurance at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees.
Life Insurance: The City would pay premiums for life insurance coverage for Ms.
Curl at a level that is equal to two times salary.
Retirement Benefits (CalPERS): Ms. Curl would continue to be enrolled in CalPERS. She is responsible for the full employee contribution and the City would pay the full employer contribution.
Vacation Leave: Ms. Curl would accrue vacation leave at a rate equal to the highest benefit schedule provided to exempt City management employees with 30 or more years of City service (equal to 30 working days). She will have the option to sell back/ cash out 15 work days of accumulated vacation time each calendar year.
Sick Leave: Ms. Curl would accrue sick leave on an annual basis at a rate equal to the highest benefit schedule provided to exempt City management employees (equal to 1 day per month).
Deferred Compensation and FSA Contributions: The City would contribute $20,500 annually to a deferred compensation plan. It would also contribute annually: i) $2,850 to Flexible Spending Account (FSA) Health Care and ii) $5,000 to FSA Dependent Care for Ms. Curl.
Miscellaneous Benefits: Ms. Curl would generally receive other benefits at a level that is equal to the highest benefit schedule provided to any group of exempt City management employees.
Total compensation for Ms. Curl, including base salary and dollar-cost benefits is approximately $443,596 annually, including:
Compensation Components Amount
Base Salary $ 295,000
Car Allowance $ 6,000
Benefit Package (medical, dental, vision, etc.) $ 35,892 476
April 5, 2022
CalPERS (Normal Cost +Unfunded Liability) $ 66,255
Other Post-Employment Benefits $ 12,099
Deferred Compensation $ 20,500
FSA Health and Dependent Care Account $ 7,850
Total Estimated Annual Compensation $ 443,596
DOCUMENTS ATTACHED:
Attachment 1 – City of Richmond- City Manager Employment Agreement 477
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December 20, 2022
City Attorney's Office
DATE: December 20, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Dave Aleshire, City Attorney
Nickie Mastay, Deputy City Manager
Subject:
City Manager Contract Amendment
FINANCIAL IMPACT: $1,000 for Fiscal Year 2022-2023 and an estimated $2,000 for Fiscal Year 2023-2024
PREVIOUS COUNCIL
ACTION:
April 5, 2022
STATEMENT OF THE
ISSUE:
On April 5, 2022, the City Council approved an
Employment Agreement with City Manager, Shasa Curl.
The Agreement is for a three-year term, beginning April 6, 2022 and ending April 5, 2025. The proposed First
Amendment to the Agreement would amend Section 2.06
A. and B. to: i) specify timing for the City’s contribution to Employee’s deferred compensation plan and provide that
the contribution will be the then-current deferred comp contribution limit (excluding catchup contributions); and ii) provide that instead of the City providing $7,850 annually in FSA contributions, the City Manager will receive an
annual nonpersable lump sum payment in the same
amount.
AGENDA
REPORT
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December 20, 2022
RECOMMENDED ACTION:
APPROVE a first amendment to the City Manager
Employment Agreement that i) specifies timing for the
City’s contribution to Employee’s deferred compensation plan and provides that the contribution will be the then- current deferred comp contribution limit (excluding
catchup contributions); and ii) provides that instead of the City providing $7,850 annually in FSA contributions, the City Manager will receive an annual nonpersable lump
sum payment in the same amount – City Attorney’s
Office (Dave Aleshire 510-620-6509) .
DISCUSSION:
On April 5, 2022, the City Council approved a City Manager Employment Agreement (“Agreement”) with Shasa Curl (Attachment 2). The Agreement is for a three-year term, between April 6, 2022 and April 5, 2025. The proposed First Amendment to the Agreement would amend Section 2.06 A. and B., as further described below (Attachment 3). The purpose of amending the Agreement is to do the following: i) clarify the timing of the City deferred compensation contribution and increase the City contribution to match the then-current IRS annual contribution limit, rather than having the contribution be fixed at the 2022 limit of $20,500 (Section 2.06 A.); and ii) provide the City Manager an annual nonpersable lump sum retention payment of $7,850 in lieu of FSA contributions in the same amount, because the FSA contributions as originally contemplated cannot be provided consistent with IRS requirements.
Section 2.06 A. of the Agreement currently provides that the City will contribute $20,500 annually to a deferred compensation plan. Timing for the contribution was not specified in the Agreement. The First Amendment to the Agreement would provide that such contribution is to be made following April 6 of each year, and no later than April 30.
Additionally, language in Section 2.06 A. would be revised to provide that the City contribution would be the then-current annual contribution limit for a 457 deferred compensation plan, excluding catch up contributions, instead of $20,500 each year going forward. The 2022 annual contribution limit was $20,500. For 2023, the annual contribution limit will increase to $22,500.
Section 2.06 B. of the Agreement currently provides that the City make the following contributions annually to Employee: i) $2,850 to Flexible Spending Account (“FSA”) Health Care and ii) $5,000 to FSA Dependent Care. City staff recently learned that because the City does not contribute to all employees’ FSA accounts in the same manner as proposed in the Agreement, the City cannot contribute to the City Manager’s FSA account without the benefit losing its tax-favored treatment for the employee. Per IRS requirements, employer contributions to an FSA cannot be higher for highly compensated employees than for other employees. Additionally, with respect to FSA Health Care contributions, an employer can only contribute up to $500 towards an employee’s FSA without matching an employee’s contribution. 494
December 20, 2022
Since Ms. Curl has not been provided any FSA contributions yet and cannot be provided the contemplated FSA contributions consistent with the above IRS requirements, the First Amendment to the Agreement would provide that Ms. Curl instead be provided annually a “nonpersable” lump sum payment of the identical amount- $7,850- to encourage her continued retention under the Agreement. The first payment to Ms. Curl would be made December 30, 2022. In 2023, and the subsequent year under the term of the Agreement, the payment would be made following April 6 of that year, to be made no later than April 30. The lump sum payments would not be reportable to CalPERS.
DOCUMENTS ATTACHED:
Attachment 1 – April 5, 2022 Staff Report
Attachment 2 – City Manager Employment Agreement
Attachment 3 – First Amendment to City Manager Employment Agreement (proposed)
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01337.0004/843078.3 -1-
FIRST AMENDMENT TO
CITY OF RICHMOND
CITY MANAGER EMPLOYMENT AGREEMENT
This FIRST AMENDMENT TO CITY OF RICHMOND CITY MANAGER
EMPLOYMENT AGREEMENT (the “First Amendment”) is made and entered into December 20, 2022, by and between the CITY OF RICHMOND, a charter city and municipal corpor ation (the “CITY”) and SHASA CURL, an individual (“EMPLOYEE”).
RECITALS
WHEREAS, the City Council of the CITY (the “City Council”) and EMPLOYEE entered into the City of Richmond - City Manager Employment Agreement (“Agreement”) effective April 5, 2022, with the three year term of the Agreement commencing April 6, 2022; and WHEREAS, Section 6.03(A) of the Agreement provides that it “may be amended only by an express written agreement signed by the Employer and Employee”; and WHEREAS, the City Council and EMPLOYEE now desire to enter into this First Amendment to: i) amend Section 2.06(A) of the Agreement to specify the timing of the CITY contribution to EMPLOYEE’s IRC 457 plan and specify that the CITY contribution will equal the then-current IRS contribution limit (not including catch up contributions); and i i) amend Section
2.06(B) to provide that in lieu of EMPLOYEE receiving Healthcare and Dependent Care FSA contributions annually totaling $7,850, EMPLOYEE will instead be provided $7,850 annually as a nonpersable lump sum payment to encourage EMPLOYEE’s continued retention under the Agreement; and
WHEREAS, EMPLOYEE desires to accept these employment terms from the CITY and agrees to the following terms and conditions in this First Amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, CITY and EMPLOYEE hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.
SECTION 2. The title of Section 2.06 of the Agreement, entitled “Deferred Compensation and FSA Contributions,” shall be amended to “Deferred Compensation and Annual Nonpersable Lump Sum Retention Payment”, and Section 2.06 shall be amended to read, in its entirety, as follows:
“Section 2.06: Deferred Compensation and Annual Nonpersable Lump Sum Retention Payment
A. Each year during the term of the Agreement, t he Employer will contribute to Employee’s IRC 457 pla n the then-current annual contribution limit for that 496
01337.0004/843078.3 -2-
calendar year (excluding catchup contributions), with the contribution to be made following April 6 of each year and no later than April 30. (For 2022, the contribution limit is $20,500; for 2023, the c ontribution limit is believed to be $22,500.) Such contribution shall be subject to any applicable federal and state laws, regulations, and limits. Employee shall be solely responsible and liable for the satisfaction of all taxes and/or penalties that may be imposed on or for the account of Employee in connection with this contribution (including any taxes and penalties), and the Employer shall have no obligation to indemnify or otherwise hold Employee (or any beneficiary of Employee) harmless from any or all of such taxes or penalties.
B. In lieu of the FSA contributions previously contemplated in this subsection 2.06(B), the Employer agrees to pay to the Employee each year during the term of this Agreement a “nonpersable” lump -sum payment of $ 7,850 in order to encourage Employee’s continued retention under the Agreement. The first such payment shall be made to Employee on December 30, 2022 . Thereafter, beginning in the 2023 calendar year, the lump sum payment will be made to Employee each year during the term of the Agreement following April 6 of that year, to be made no later than April 30. Such lump-sum payments shall not be reported to the California Public Employees’ Retirement System (“CalPERS”) as “compensation earnable” as defined in Government Code section 20636(a).”
SECTION 3. Except as expressly amended by this First Amendment, the underlying terms, conditions, and compensation of EMPLOYEE by CITY as and for her employment as City Manager shall be as set forth in the Agreement.
IN WITNESS WHEREOF, the CITY OF RICHMOND has caused this First Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and EMPLOYEE has signed and executed this First Amendment, all in triplicate. [SIGNATURES ON FOLLOWING PAGE]
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CITY OF RICHMOND
_______________________________
Tom Butt, Mayor
ATTEST:
_____________________________
Pamela Christian, City Clerk
APPROVED AS TO FORM:
_____________________________
David J. Aleshire, City Attorney
CITY MANAGER
_____________________________
Shasa Curl
[END OF SIGNATURES]
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February 20, 2024
City Council
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Soheila Bana
Subject:
Drone Light Shows as an alternative to Independence
Day Fireworks
FINANCIAL IMPACT: The fiscal impact has not been assessed. Should this item be approved, staff will be asked to return to City Council with a cost analysis and plan of action.
PREVIOUS COUNCIL
ACTION:
The City Council has approved outreach efforts to reduce the amount of illegal fireworks during the Independence Day celebrations.
STATEMENT OF THE
ISSUE:
This item recommends replacing the utilization of
traditional fireworks displays on the Fourth of July, as it significantly impacts the environment and directly
contributes to noise pollution.
RECOMMENDED ACTION:
DISCUSS and PROVIDE DIRECTION to staff regarding
alternate technology such as drone lighting technology in lieu of fireworks to celebrate Independence Day to
improve the environmental impacts, cost implications,
and safety – Councilmember Bana (510-620-6473).
DISCUSSION:
Drone light shows are an eco-friendly form of entertainment where no environmental debris is left behind. Drones provide a more green and sustainable option for celebratory aerial entertainment. Drone technology may present the opportunity to AGENDA
REPORT
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February 20, 2024
utilize solar powered generators to power drone equipment where needed. Utilizing drones for this type of celebratory event presents a less intrusive option for people and pets, as it does not increase or further contribute to noise pollution.
Surrounding Bay Area cities like Brentwood and Redwood City , have switched to drones for Independence Day Celebrations, possibly due to the ability to provide reusable green option that achieves a similar visual effect that fireworks create. Drones can fly for hundreds of shows before needing any maintenance.
Drones can achieve a similar visual appeal while also reducing the risks associated with fireworks. The usage of drone light shows have increased throughout the globe but specifically in the United States in the West Coast region, as it has been significantly impacted by wildfires and smoke pollution. As climate change progresses, wildfires have also increased in frequency and intensity.
According to the National Fire Protection Association, debris from colorful firework explosions causes thousands of fires every year.
Each July 4th, thousands of people, most often children and teens, are injured while using consumer fireworks. Despite the dangers of fireworks, few people understand the associated risks - devastating burns, other injuries, fires, and even death.
Fireworks fire & injury facts
Fireworks started an estimated 19,500 fires in 2018, including 1,900 structure fires, 500 vehicle fires, and 17,100 outside and other fires. These fires caused five deaths, 46 civilian injuries, and $105 million in direct property damage. In 2018, U.S. hospital emergency rooms treated an estimated 9,100 people for fireworks related injuries; half of those injuries were to the extremities and 34 percent were to the eye or other parts of the head. Children younger than 15 years of age accounted for more than one-third (36 percent) of the estimated 2018 injuries. These injury estimates were obtained or derived from the U.S.
Consumer Product Safety Commission’s 2018 Fireworks Annual Report by Yongling Tu and Jason Ng.
It is important to note that drone operations of this capacity may have FAA restrictions.
Events may require an FAA exemption to the rule limiting drone operations to a single aircraft. Additional waivers may be required when flying in congested airspace, such as near airports.
DOCUMENTS ATTACHED:
None
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February 20,2024
City Council
DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Council Member Cesar Zepeda
Subject:
Regional Hospital Update Presentation for Alta Bates
Summit Medical Center
FINANCIAL IMPACT: No financial impact related to the item at this time.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
City of Berkeley and Berkeley Health Department to
present on the history and status of Berkeley’s Alta Bates Summit Medical Center.
RECOMMENDED ACTION:
RECEIVE a presentation from Sophie Hanh of City of
Berkeley and Berkeley Health Department on the
regional impacts of a hospital closure – Councilmember
Cesar Zepeda (510-620-6593).
DISCUSSION:
Sutter Health has proposed to close Alta Bates Campus in Berkeley, California, by 2030. Alta Bates Hospital serves the City of Berkeley and the entire East Bay with 347 beds, 22 Emergency Department treatment stations, about 50,000 Emergency Department (ED) patients, and over 5,000 births in 2017.
In 2016, the hospital billed almost 2 billion dollars in patient revenue. Sutter Health has determined that state-mandated earthquake safety upgrades would be too costly to keep the major functions of the hospital open. Sutter Health stated in 2016 that they AGENDA
REPORT
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February 20,2024
plan to relocate most inpatient care and emergency services from the Alta Bates Campus site in Berkeley to an expanded Summit Medical Campus in Oakland, approximately three miles from the Berkeley campus.
Alta Bates Campus also has one of the highest volume emergency departments (ED) in the East Bay. The ED has experienced a sharp increase in patients from West Contra Costa County, many of whom were likely served by Doctors Medical Center (DMC) in San Pablo, which closed in 2015. In 2017, the Alta Bates Campus ED was operating at about 6,000 visits above the capacity recommended by the American College of Emergency Physicians. Research from across California and the United States has found that hospital closures in urban areas can displace patients, particularly those already vulnerable, from familiar and usual sources of care, and overburden the hospitals that remain open. More specifically, ED closures can adversely impact regional morbidity and mortality.
Overall, the closing of Alta Bates Campus will have potentially significant adverse health impacts related to birthing/obstetrics; ED care for the elderly, uninsured, homeless and people of color; private vehicle travel times for certain areas of the East Bay, particularly Western Contra Costa County; disaster response capacity; and some UC Berkeley student health care needs. We also found that the closing of the Alta Bates campus will adversely impact employment for low-wage workers, reduce spending in the local economy and potentially reduce community-based health promotion investments.
DOCUMENTS ATTACHED:
None
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