Richmond City Council
February 20, 2024

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, February 20, 2024, 4:00 p.m.

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

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

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Livestream online at http://www.ci.richmond.ca.us/3178/KCRT-Live2.

HOW TO SUBMIT PUBLIC COMMENTS:

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

Via Zoom: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must raise their hand once public comment is open. The public speakers attending in person will be called first, followed by Zoom participants. Only those public speakers that have their hand raised once the speakers are called will be recognized.

Open Session and City Council: Please click the link below to join the webinar:
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To comment by phone: you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at:
https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone. **

**The mayor will announce the agenda item number and open public comment when appropriate.

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

Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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Emails MUST contain in the subject line 1) public comments – Open Session prior to Closed Session; 2) public comments – Open Forum; or 3) public comments agenda item #__ [include the agenda item number].

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

The City cannot guarantee that its network and/or the site will be uninterrupted. To ensure that the City Council receives your comments, you are strongly encouraged to submit your comments in writing in advance of the meeting.

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

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

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

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

Click here for City Harassment Policy

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

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

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

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

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

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Winehaven v. City of Richmond•
Guidiville Rancheria of California, et al. v. United States of America, et al.
•
North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
•
C.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
One case •
C.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor and Jack Hughes Employee organization: IAFF Local 188

•
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:30 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember)(public comments allowed under Open Forum)
N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
O.1 City Attorney's Office
O.1.a Approve a Seventh Amendment to the Legal Services Agreement with Downey Brand LLP
10 APPROVE the seventh amendment to the legal services agreement with Downey Brand LLP, in the amount of $100,000, to represent the City in pending appeals and any further proceedings in the current Point Molate Alliance, et al. v. City of Richmond litigation involving the Point Molate property and the City’s prior CEQA and land use entitlement process(es), for a total contract amount of $1,325,000 – City Attorney’s Office (Dave Aleshire 510-620-6509).

O.2 City Clerk's Office
O.2.a City Council Meeting Minutes 63
APPROVE the minutes of the January 23, 2024, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

O.3 City Manager's Office
O.3.a Development of Richmond Legislative Platform 72
DIRECT City staff members to develop a Richmond Legislative Platform – City Manager’s Office (Shasa Curl/ 510-620-6512). 6 O.3.b Calendar Year 2023 City-Wide Accomplishments 125 RECEIVE an update on the 2023 calendar year City-wide
accomplishments – City Manager’s Office (Shasa Curl 510-620- 6512).

O.4 Economic Development
O.4.a Construction Agreement with Rosendin Electric, Inc. for the Installation of a Shore Power System at the Point Potrero Marine Terminal
190
APPROVE a construction agreement with Rosendin Electric, Inc. in the amount of $3,320,747, for the installation of a shore power system at the Point Potrero Marine Terminal, for a term beginning February 21, 2024, and ending June 30, 2026 – Economic
Development Department (Charles Gerard 510- 620-6792).

O.4.b Painting of 1322 and 1325 Canal Blvd. 225
APPROVE a construction agreement with Fresh Start Painting, Co. in the amount of $107,500, for painting of 1322 and 1325 Canal Blvd., with a term ending June 30, 2024 - Economic Development Department (Charles Gerard 510-620-6792).

O.5 Finance Department
O.5.a Investment and Cash Balance Report and Monthly Overtime Reports for the Month of December 2023
258
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of December 2023 – Finance Department (Andrea Miller 510-620-6740).

O.6 Human Resources
O.6.a Raftelis Workforce Analysis Update 276
RECEIVE a report from Raftelis regarding an update on the Workforce Analysis – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6606).This item was continued from the February 6, 2024, meeting.

O.6.b Amend Staffing (Position Control) and Appropriate Funds as Required
307
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). This item was continued from the February 6, 2024, meeting.
7 O.7 Library and Community Services
O.7.a Land Use Agreement for Weekly Farmers’ Market at Marina Bay Park 315 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).

O.7.b Funding from the Alameda County Workforce Development Board to Support the Prison to Employment 2.0 Regional Partnership Initiative 340
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).

O.8 Mayor's Office
O.8.a Planning Commission Appointments 403
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).

O.8.b Workforce Development Board Appointments 407
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).

O.8.c Richmond Youth Council Appointment 411
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).

O.8.d Proclamation Acknowledging the 2024 Lunar New Year 414 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).

8 O.9 Police Department
O.9.a Sole-Source Contract with Tactical K-9, LLC to Train and Maintain Richmond Police Department’s K-9 Unit
417
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).

O.10 Public Works
O.10.a Abatement Report from the Public Works Director 448 Receive a written abatement report from the Public Works Director - Public Works Department (Daniel Chavarria 510-620-5478).

O.10.b 6th Street and Macdonald Avenue Traffic Signal Improvement Project Fund Allocation
465
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).

P. NEW BUSINESS
P.1 City Manager’s Amended and Restated Employment Agreement 469 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).

P.2 Drone Light Shows as an alternative to Independence Day Fireworks 524 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).

P.3 Regional Hospital Update Presentation for Alta Bates Summit Medical Center 526 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).

Q. ADJOURNMENT
________________________
9 10

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
Shannon Moore, Chief Assistant City Attorney

Subject:

Approve a Seventh Amendment to the Legal Services
Agreement with Downey Brand LLP
FINANCIAL IMPACT: This amendment will add $100,000 for a total amount not to exceed amount of $1,325,000. This agreement is
charged to the Risk Management General Liability Fund
50182316- 400554.

PREVIOUS COUNCIL
ACTION:

The City Council approved the original Legal Services
Agreement (LSA) in the amount of $250,000 on October
6, 2020. Subsequently, the City Council approved the
first LSA amendment ($500,000) on April 1, 2021, the
second amendment ($200,000) on November 2, 2021,
the third amendment ($60,000) on May 3, 2022, the
fourth amendment ($40,000) on September 13, 2022, the
fifth amendment ($75,000) on June 27, 2023, and the
sixth amendment ($100,000) on September 12, 2023.

STATEMENT OF THE
ISSUE:

Additional funds are needed to ensure that the City has the appropriate legal representation for the Point Molate litigation and related claims.

AGENDA
REPORT
11

February 20, 2024
RECOMMENDED ACTION:

APPROVE the seventh amendment to the legal services
agreement with Downey Brand LLP, in the amount of
$100,000, to represent the City in pending appeals and
any further proceedings in the current Point Molate
Alliance, et al. v. City of Richmond litigation involving the Point Molate property and the City’s prior CEQA and land use entitlement process(es), for a total contract amount of $1,325,000 – City Attorney’s Office (Dave Aleshire
510-620-6509).

DISCUSSION:

Downey Brand,LLP, a public sector law firm, represents the City in pending appeals involving Point Molate. To continue the firm’s representation of the City, the City Attorney’s Office is requesting an amendment in the amount of $100,000 to the existing LSA, for a total contract amount not to exceed $1,325,000.

The City Council of the City of Richmond on September 8, 2020, certified a Subsequent Environmental Impact Report (SEIR) and adopted a resolution approving land use entitlements for the Point Molate Mixed-Use Development Project. Those approvals were the subject of two lawsuits in the form of peremptory writs of mandate filed in the Contra Costa County Superior Court on or about October 9, 2020, including Point Molate Alliance, et al., v. City of Richmond and North Coast Rivers Alliance, et al. v. City of Richmond. The lawsuits named the City as respondent and Winehaven Legacy, LLC as real party in interest, and asserted causes of action under the California Environmental Quality Act (CEQA), California Planning and Zoning Law, California Constitution, and the common law public trust doctrine, as well as other grounds. The trial court entered judgment in the City’s favor on March 15, 2022, and Petitioners Point Molate Alliance and North Coast Rivers Alliance filed separate appeals in the First District Court of Appeal. The appeals were subsequently consolidated for purposes of briefing, oral argument, and decision, and are now proceeding as Point Molate Alliance, et al. v. City of Richmond, First App. Dist. Case Nos. A164906 and A165758.

Briefing commenced in the consolidated appeals on January 2, 2023, with Petitioners/Appellants focusing their appeal to claims under CEQA, California Planning and Zoning Law, and the California Constitution. The City filed answering briefs on April 4, and Appellants filed separate reply briefs on June 7 and June 14, respectively. In addition to the extensive merits briefings in this case, Appellant Point Molate Alliance and Amicus Curiae Guidiville Rancheria of California filed further briefs on the issue of tribal cultural resources, as well as competing appellate motions for judicial notice, declarations, objections and oppositions in June and July, 2023. Downey Brand will continue to serve as lead appellate counsel for the City in its defense of these actions and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. 12

February 20, 2024

Attorney rates are between $335-$410 per hour and paralegal rates are $225 per hour.

Downey Brand’s litigation fees and expenses remain subject to reimbursement by Real Party in Interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Development Agreement (“DDA”) and Development Agreement (“DA”). However, because Winehaven failed to close escrow under the DDA and is currently in litigation against the City, the fees and expenses authorized herein may not be recoverable by the City.

Downey Brand possesses invaluable, historical knowledge regarding the Point Molate issues and case developments to date. This is especially true given the City staff turnover of those working on these cases originally. If the City switched firms at this point in the appeals process, it would be both inefficient and economically detrimental.

DOCUMENTS ATTACHED:

Attachment 1 – Downey Brand Legal Services Agreement (“DB LSA”) Attachment 2 – DB LSA, First Amendment
Attachment 3 – DB LSA, Second Amendment
Attachment 4 – DB LSA, Third Amendment
Attachment 5 – DB LSA, Fourth Amendment
Attachment 6 – DB LSA, Fifth Amendment
Attachment 7 – DB LSA, Sixth Amendment
Attachment 8 – DB LSA, Seventh Amendment (proposed)

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43 DocuSign Envelope ID: C3DBB3A9-487C-4F4C-BBFF-921D5CE24FF8 44 DocuSign Envelope ID: C3DBB3A9-487C-4F4C-BBFF-921D5CE24FF8 5/10/2022
45 DocuSign Envelope ID: C3DBB3A9-487C-4F4C-BBFF-921D5CE24FF8 46 DocuSign Envelope ID: C3DBB3A9-487C-4F4C-BBFF-921D5CE24FF8 47 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 48 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 49 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 50 DocuSign Envelope ID: 4EDAD33D-3EA1-455D-8070-70768E40BB9F 51 52
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55 DocuSign Envelope ID: 3DF19C94-0F5A-4507-B05B-319D6E042AFA 56 DocuSign Envelope ID: DFF9EC96-4954-47D8-A803-212A544B84F6 IN WITNESS WHEREOF, the City and Special Counsel have caused this Sixth Amendment to be effective as of the last date written below.

CITY OF RICHMOND
By __________ _
Mayor
Attest:

By: _______ _
City Clerk
Approved as to form:

By:---------
City Attorney
Si:ll.ih Amendment to Agreement for Legal Services

DOWNEY BRAND LLP
[f ''""�""'
By���oo� Christian Marsh, Partner
Date: 9/14/2023
A-2
DocuSign Envelope ID: 3DF19C94-0F5A-4507-B05B-319D6E042AFA 57 DocuSign Envelope ID: 3DF19C94-0F5A-4507-B05B-319D6E042AFA 58 DocuSign Envelope ID: 3DF19C94-0F5A-4507-B05B-319D6E042AFA 59 Seventh Amendment to Agreement for Legal Services A-1

SEVENTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

DOWNEY BRAND LLP

This Seventh Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and DOWNEY BRAND LLP (“Special Counsel”) (the "Seventh Amendment") is entered into as of FEBRUARY 20, 2024, by and between the City and Special Counsel with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) on October 20, 2020 for $250,000 for representation of the City and City-related entities; and

WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on April 1, 2021to increase the compensation by $500,000; and

WHEREAS, the City and Special Counsel entered into a Second Amendment of the Original Agreement on November 2, 2021 for $200,000; and

WHEREAS, the City and Special Counsel entered into a Third Amendment of the Original Agreement on May 3, 2022 for $60,000; and

WHEREAS, the City and Special Counsel entered into a Fourth Amendment of the Original Agreement on September 13, 2022 for $40,000; and

WHEREAS, the City and Sp ecial Counsel entered into a Fifth Amendment of the Original Agreement on June 27, 2023 for $75,000; and

WHEREAS, the City and Sp ecial Coun sel entered into a Sixth Amendment of the Original Agreement on April 18, 2023 for $100,000; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation by $100,000; and

WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Seventh Amendment.

NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:

60 Seventh Amendment to Agreement for Legal Services A-2

1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Seventh Amendment.

2. Effect of Seventh Amendment. Except as provided in this Seventh Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Seventh Amendment increases the compensation limit by One Hundred Thousand Dollars ($100,000).

3. Counterparts. This Seventh Amendment may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF , the City and Special C ounsel hav e caused this Seventh Amendment to be effective as of the last date written above.

CITY OF RICHMOND DOWNEY BRAND LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney

61 Seventh Amendment to Agreement for Legal Services A-3

Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

The City Council of the City of Richm ond on September 8, 2020, certified a Subsequent Environmental Impact Report (SEIR) and adop ted a reso lution approving land use entitlements for the Point Molate Mixed-Use Development Project. Those approvals were the subject of two lawsuits in the form of peremptory writs of mandate filed in the Contra Costa County Superior Court on or about October 9, 20 20, including Point Molate Alliance, et al., v. City of Richmond and North Coast Rivers Alliance, et al. v. City of Richmond. The lawsuits named the City as respondent and Winehaven Legacy, LLC as real party in interest and asserted causes of act ion under the California Environmental Quality Act, California Planning and Zoning Law, California Constitution, and the common law public trust doctrine, as well as other grounds. The cases were subsequently consolidated into a single case, entitled North Coast Riv ers Alliance, et al. v. City of Richmond. The trial cou rt entered judgment on March 15, 2022, and the case is now pending in the First District Court of Appeal.

Downey Brand will continue to serve as lead trial and appellate counsel for the Cit y in its defense of these actions and will have responsibility for case management and coordination among defense counsel, assisting with settlement negotiations, and for providing advice to and representation of the Richmond City Attorney’s Office in the proceedings. Downey Brand’s litigation fees and expenses shall be reimbursed by real party in interest Winehaven Legacy, LLC based on the indemnity provisions and conditions imposed under the entitlements and both the Disposition and Developmen t Agreement and Development Agreement.

As part of its services above, Downey Brand shall provide concise written reports to the City Attorney on a monthly basis, which will address important milestones and efforts in the case. The City Attorney will share the reports with the City Council, and will return to the Council for more substantive reports and to further augment the contract amount as may be necessary for future phases of the litigation, including appellate briefing.

City’s Contact Attorney: Dave Aleshire, City Attorney
Shannon Moore, Chief Assistant City Attorney

SCHEDULE OF FEES & CHARGES:

62 Seventh Amendment to Agreement for Legal Services A-4

ATTORNEY HOURLY RATES

Christian Marsh $410/hour
Kathryn Oehlschlager $410/hour
Hina Gupta $365/hour
Megan Unger $335/hour

PARALEGAL HOURLY RATES

Jon Shackelford $225/hour
Jessica Wise $225/hour

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed One Million Three Hundred and Twenty-Five Thousand Dollars ($1,325,000) for attorneys’ fees and reimbursements.

63 cc23Jan2024 – ud/prc

RICHMOND, CALIFORNIA,

January 23, 2024, 4:30 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

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

B. ROLL CALL

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

Councilmember Melvin Willis arrived after adjourning to Closed Session.

C. CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 City Designated Representative: Heather McLaughlin
Unrepresented employee: City Manager
 Agency Representatives: Sharrone Taylor and Jack Hughes Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Attorney
 Title: City Manager
 Title: City Clerk
 Title: Confidential Investigative and Appeals Officer C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Winehaven v. City of Richmond
 Guidiville Rancheria of California, et al. v. United States of America, et al. 64 cc23Jan2024 – ud/prc

 North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
There were no public speakers.

E. ADJOURN TO CLOSED SESSION
Open Session adjourned to Closed Session at 4:34 p.m. Closed Session adjourned at 6:35 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular meeting of the Richmond City Council was called to order at 6:38 p.m. by Mayor Eduardo Martinez.

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

H. ROLL CALL

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

Councilmember Cesar Zepeda arrived after roll was called.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item Q.4 (Presentation from the East Bay Rescue Mission programming and building improvements at the Bay Area Rescue Mission presentation) was heard before Item Q.2. (Follow-up presentation by V eolia Water North America staff regarding Hydrogen Sulfide (H2S) odors at the plant reported on December 4-5, 2023).

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
· City Designated Representative: Heather McLaughlin Unrepresented employee: City Manager
· Agency Representatives: Sharrone Taylor and Jack Hughes Discussed. No reportable action taken.

Employee organizations:

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
Update given. No reportable action taken.
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C.2 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
· Title: City Attorney
· Title: City Manager
· Title: City Clerk
· Title: Confidential Investigative and Appeals Officer Discussed. No reportable action taken.

C.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · Winehaven v. City of Richmond
· Guidiville Rancheria of California, et al. v. United States of America, et al. · North Coast Rivers Alliance et al./Point Molate Alliance et al. v. City of Richmond Discussed. No reportable action taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl reported on the following: City Manager Weekly Report format; I Heart Richmond Resource Guide; Richmond Main Library Renovation Community Meeting; Puzzle Swap at the Main Library at; NAACP Elevate Richmond Masquerade Gala; Chines New Year Celebration; Lunar Year Calligraphy; and Black History Celebration.

L.1 NEW EMPLOYEE REPORT
Human Resouces Director Sharonne Taylor presented the new employee report as follows:

M. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per
Councilmember)(public comments allowed under Open Forum) Councilmember Robinson reported that she met with parents of Richmond College Preparatory School to discuss safety issues and solutions.

Councilmember Bana reported that she visited Red Cross in Concord.

Councilmember McLaughlin stated the Marina Bay Farmers Market and Literacy Festival; Public Bank of the East Bay meeting; thanked Laurel Park Neighborhood Council
Mayor Martinez announced is Global Strike Day and the Mayor's Office will be closed in solidarity of Palestinians.

N. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Human Trafficking Prevention Month
PROCLAMATION recognizing Human Trafficking Prevention Month, to honor the thousands of people harmed each year by this heinous human rights violation - Vice Mayor Claudia Jimenez (510-620-6565) and Councilmember Melvin Willis (510-412-2050).

Vice Mayor Jimenez gave an overview. City Clerk Pamela Christian read the proclamation.
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The following individuals gave comments in person: Linda McKee, Laurie Isenberg, Sidonia Aguilera, Jan Mignone, and Katrina Natale. Sara Cantor gave comments via Zoom.

O. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Jayne Dean-McGilpin gave comments in support of an emergency exit project at Hilltop Green.

Mark Wassberg gave comments regarding human trafficking in the city.

Rick Perez gave comments regarding crime in the city.

Patricia Perez stated the importance of cultural competency training for police officers.

Emiliano Torres gave comments regarding the rise in crime in the area.

Irania De La Mora gave comments regarding election advocacy; community involvement for events for entrepreneurs.

Philip Rosenthal stated speakers are not clear on when to raise their hands on agenda items.

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

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

P.1 City Clerk's Office
P.1.a City Council Meeting Minutes
APPROVE the minutes of the November 28, 2023, regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

P.2 City Council
P.2.a Request for Update on MLK Community Center Development DIRECT staff to present a plan to use the remaining allocation of funds in the amount of $268,000 to engage a consultant /architect team to work with NURVE and other community groups to complete a schematic update 67 cc23Jan2024 – ud/prc

and create a fundraising plan so this project can move forward in the next 5 years - Councilmember Doria Robinson (510-620-6568) and Vice Mayor Claudia Jimenez (510-620-6565).

P.2.b Request for Update from Staff Regarding the Date that Parking Enforcement for Street Sweeping Will Resume
DIRECT staff to provide an update on street sweeping enforcement and their ability to create a plan to resume parking enforcement by Feb 29, 2024 - Councilmember Doria Robinson (510-620-6568).

P.3 Community Development
P.3.a Contract Amendment No.1 with Healing Spot Counseling Center for Mental Health Services for Unhoused
APPROVE contract amendment no.1 with Healing Spot Counseling Center, Inc. to increase the contract amount by $407,036.25, for a new total contract amount of $417,036.25, to continue to provide mental health support services for Castro encampment clients and new ERF-R-2 clients, for a term extended through June 30, 2025, to be funded using the City’s Encampment Resolution Round 1 and Round 2 funds – Community Development Department (Lina Velasco/Jesus Morales 510-620-6841).

P.4 Economic Development
P.4.a Contract Amendment #1 with Nurturing Independence Through Artistic Development (NIAD), Richmond Art Center, and East Bay Center for Performing Arts
APPROVE contract amendments with Nurturing Independence Through Artistic Development, Richmond Art Center, and East Bay Center for the Performing Arts, in the amount of $45,000 per organization, to continue supporting collaborative arts and cultural programs in the City of Richmond, with a term ending June 30, 2024 – Economic Development Department (Nannette Beacham 510-621-1306/Winifred Day 510-620- 6952).

P.5 Human Resources
P.5.a Proposed Resolution Approving a Memorandum of Understanding between the City of Richmond and the Richmond Police Management Association (RPMA)
ADOPT a resolution approving a successor Memorandum of
Understanding between the City of Richmond and the Richmond Police Management Association for the term of January 1, 2023, through December 31, 2025; and DIRECT the city manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/Dave Aleshire/Jack Hughes 510-620-6602).

Adopted Resolution No. 02-24.
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P.5.b Proposed Resolution Approving a Memorandum of Understanding between the City of Richmond and the Richmond Fire Management Association (RFMA)
ADOPT a resolution approving a successor Memorandum of
Understanding between the City of Richmond and the Richmond Police Management Association for the term of January 1, 2023, through December 31, 2025; and DIRECT the city manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human Resources Department/City Attorney’s Office (Sharrone Taylor/Nickie Mastay/Dave Aleshire/Jack Hughes 510-620-6602).

Adopted Resolution No. 03-24.

P.6 Mayor's Office
P.6.a Proclamation recognizing February 2024 as Black History Month in Richmond
PROCLAMATION declaring February 2024 as Black History Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

P.6.b Proclamation recognizing February 29, 2024 as Rare Disease Day in Richmond, California
PROCLAMATION recognizing February 29, 2024, as Rare Disease Day in Richmond, California - Mayor's Office (Mayor Eduardo Martinez 510- 620-6503).

P.7 Police Department
P.7.a Crime Report from Police Chief
RECEIVE a written crime report from the Police Chief - Police Department (Chief Bisa French 510-621-1802).

P.7.b Budget Appropriation for Fiscal Year 2023-2024 Point Molate Security Services Account
ADOPT a resolution appropriating $237,677.50 to the Fiscal Year 2023- 2024 budget to continue security services provided by Universal Protection Service, LLC d/b/a Allied Universal Security Services at Point Molate – Police Department (Chief Bisa French 510-621-1802).

Adopted Resolution No. 04-24.

P.8 Public Works
P.8.a Abatement Report from the Public Works Director
RECEIVE a written abatement report from the Public Works Director - Public Works Department (Daniel Chavarria 510-620-5478).

P.8.b Contract with JPB Designs, Inc. for Construction of the Dirt World Park Site and Landscape Improvement Project (Phase 2)
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ADOPT a resolution authorizing the execution of a construction contract in accordance with the approved plans and specifications with JPB Designs, Inc. for the Dirt World Park Site and Landscape Improvement Project, in an amount not to exceed $439,000; and AUTHORIZE the Director of Public Works to approve change orders, if necessary, for up to a 10 percent contingency in the amount of $43,900 – Public Works Department (Daniel Chavarria 510-620-5478/ Wendy Wellbrock 510-307- 8108).

Adopted Resolution No. 05-24.

P.8.c Contract with All Surface Painting and Decorating and Dustless Blasting for Work on the Emergency Generator Enclosure at 450 Civic Center Plaza
APPROVE a contract with All Surface Painting & Decorating & Dustless Blasting, in an amount not to exceed $12,500, to remove rust and delamination from the emergency generator enclosure located at 450 Civic Center Plaza, with a term beginning January 24, 2024, through June 30, 2024 – Public Works Department (Daniel Chavarria 510-620-5478/Carl Capistrano 510-620-6896).

Q. STUDY AND ACTION SESSION
Q.1 New Procedures for upcoming presidential primary election RECEIVE a presentation from Contra Costa County Election's Division regarding new procedures for the upcoming presidential primary election - City Clerk's Office (Pamela Christian 510-620-6513).

Contra Costa County Clerk Recorder Kristen Connelly presented a PowerPoint which highlighted the following: Primary Statutory responsibilities; Clerk- Recorder Election Department; Contra Costa elections by the numbers; No party preference voters: 2024 Presidential Primary Election deadlines; Social media information; California's youth vote; Steps to safer elections. Discussion ensued.

City Council requested the historical data for voter turnout in primary compared to general elections.

More information could be obtained at ContraCostaV ote.gov Q.2 Follow-up Presentation by Veolia Water North America Staff Regarding Hydrogen Sulfide (H2S) Odors at the Plant that were Reported on December 4-5, 2023
RECEIVE a follow-up Power Point Presentation from Veolia Water North America regarding the Hydrogen Sulfide (H2S) odors that were emitted from the Richmond Wastewater Treatment Plant December 4 – 6, 2023 – Public Works Department (Daniel Chavarria 510-620-5478/ Robert Armijo 510-620-5477).

Deputy Public Works Director Robert Armijo gave an overview. Veolia Regional Vice President Melissa Sandoval, and Veolia Director of Capital Program Managment West Chandrasekar Venkatraman, presented a PowerPoint which highlighted the following: Odor emission contributors on 12/4/23 and 12/5/23; Communication efforts; Lessons learned and adjusted processes; new odor scrubber fan installed; Aeration basins upgraded; Chemical addition restored at 70 cc23Jan2024 – ud/prc

Ferry Point; Construction status for activities; and odor mitigation recommendations and opportunities. Discussion ensued.

City council requested a chart of Veolia rate increases and a comparison of the rates of other wastewater districts in the city and between other wastewater districts, and an audit of Veolia that would analyze efficiencies, finances, and operations of the plant.

The following individuals gave comments via Zoom: Philip Rosenthal, Leisa Johnson, and Edie Sellers.

Further discussion ensued. City council requested a report from Veolia to include a root cause analysis documented with causal factors that led up to the recent event; Standard Operating Procedures (SOP's) guidelines and checklists that were used in the release and cleanup of the equipment; documentation of conversations between staff and Veolia regarding agreements made to work with the community; a contingency plan for doing the work without having the Ferry Point chemical system online; risk ranking on recommendations in the documents; and that the city have direct access to the SOP's.
(At 11:02 p.m. A motion by Councilmember Willis, seconded by Councilmember Zepeda extended the meeting until 11:15 p.m. by the unanimous vote of the City Council).

City Council also requested the following: access to SOP's, guidelines, checklists for day-to-day operations, a list of seldomly performed tasks, emergency procedures, Industrial Safety Ordinance as it pertains to the wastewater treatment plant, and maintenance work; that the city attorney provide an analysis of possible phase out from Veolia with ideas and options to determine if there was a breach of contract and a possible exit strategy for the February 20, 2024, Closed Session. (At 11:12 p.m. A motion by Mayor Martinez, seconded by Councilmember Zepeda extended the meeting until 11:30 p.m. passed by the unanimous vote of the City Council).

A motion by Councilmember Willis, seconded by Vice Mayor Jimenez directed the city attorney to place the matter of a comprehensive discussion on next steps and options regarding Veolia for the Closed Session agenda on February 20, 2024.

This motion also reaffirmed direction given by the city council at its December 12, 2024, meeting and requested an updated report from Veolia. The motion passed unanimously.

Q.3 Proposed Social Host Ordinance
RECEIVE a presentation from Nabila Sher-Oliver, Alcohol, Marijuana, and Prescription Drug (AMPD) Coalition Coordinator; and PROVIDE DIRECTION to staff regarding proposed Social Host policy, and timing for Council consideration/recommendations – Councilmember Soheila Bana (510-620-6743) Nabila Sher-Oliver presented a PowerPoint presentation which highlighted the following: Negative effects on youth alcohol and cannabis use; Benefits of Social Host Ordinance; Social Host recommendations for Richmond; Cities and counties with Social Host Ordinances; Survey Desta results; alcohol and cannabis policy questions; Discussion ensued. City Council requested data on liability penalties compared to education effectiveness.
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Shameka Bolds gave comments in person. Emily Ross and Sara Cantor gave comments via Zoom. Further discussion ensued. City Council requested the following: data about where, when and what occurs when incidents are reported; a report from the Richmond Police Department on how this was currently handled; and requested input from the Reimagining Task Force. The matter may return at a later date for further consideration.

Q.4 Presentation from the East Bay Rescue Mission Programming and building improvements at the Bay Area Rescue Mission presentation.

RECEIVE a presentation from Bay Area Rescue Mission on programming and the remodeling of the Richmond Campus at 200 Macdonald Avenue – Councilmember Soheila Bana (510-620-6743).

CEO/President of the Bay Area Rescue Mission Bram Begonia, Ambassador/Civic Engagement Director Sherwin Harris, and manager of special projects Wayne Earl presented a PowerPoint, which highlighted the following:

California has largest percentage of unsheltered homeless population in the United States; Emergency Shelter services; Life transformation program; community meals; Food pantry; Block Party and Backpack giveaway; Turkey giveaway; Foodbank agency summit; Dynamic Strategic Plan; Renovate and Expand Richmond Campus; Contact 211 for referral services; contact information for intake process shelter or program; food and housewares panty; community meals. Discussion ensued. City Council directed staff to assist the rescue mission with addressing their needs and locating surplus property, with engagement from the community. The process and update would be discussed at a future meeting. the city council would provide a letter of vote of confidence and in support of a grant to the Bay Area Rescue Mission.

Motion by Mayor Eduardo Martinez
Seconded by Councilmember Melvin Willis

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

R. ADJOURNMENT
There being no further business, the meeting adjourned at 11:22 p.m., to meet again on February 6, 2024.

Clerk of the City of Richmond Mayor

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February 20, 2024

City Manager's Office

DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager
LaShonda White, Deputy City Manager, Community
Services
Samantha Carr, Environmental Manager

Subject:

Development of Richmond Legislative Platform
FINANCIAL IMPACT: There is no financial impact to the General Fund at this time.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

A Legislative Pla tform outline s a government’s position on priority issues and matters that impact the
community . Development of a Richmond Legislative
Platform could provide direction and guidance for
identification of and advocacy on bills and grants which would affect the services, programs or finances and
alerting our legislative partners of the greatest needs of the community and areas requiring additional support.

RECOMMENDED ACTION:

DIRECT City staff members to develop a Richmond
Legislative Platform – City Manager’s Office (Shasa Curl/ 510-620-6512).

DISCUSSION:

The purpose of the proposed Legislative Pla tform is to outline the City of Richmond’s position on priority issues and matters that impact the community .

Specifically, it designates the City’s position on policies that could be implemented through legislative action on State and Federal levels of government . It provides AGENDA
REPORT
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February 20, 2024
direction and guidance for the identification and advocacy on bills and grants, which may impact services, programs, or finances. In addition, it provides a framework to alert our legislative partners of the greatest needs of the community and areas requiring additional support.

Furthermore, a Legislative Platform is the foundation of a focused advocacy strategy and serves as a reference guide for legislative and policy positions and objectives that provide direction for the City Council and staff throughout the year. The primary objective of the Platform is for the City Council to adopt official City positions on specific legislative issues and policies. By doing this, the City Council’s approval process is streamlined, because the City Council is providing clear direction to staff on pertinent legislative issues. The Platform is developed and maintained using the Goals and Priorities; a review of legislative priorities; input from City Council and staff; research on current law; and review of pending legislation.

The Contra Costa County’s 2023-2024 State and Federal Legislative Planforms (Attachment 1 and Attachment 2) are included as reference.

NEXT STEPS:

To assist in brainstorming ideas for Richmond’s legislative platform, City staff members will compile a list of policies included in City Council adopted plans and resolutions, including but not limited to the General Plan, Climate Action Plan, as well as the recently established City Council Goals and Priorities. This list will provide a base for City departments to reference when developing a list of recommendations that would allow departments to accomplish their goals and remove any legislative barriers or challenges currently present.

A draft Richmond Legislative Platform will be brought back for City Council’s review and feedback during the Spring of 2024.

Concurrently, staff will release a Request for Proposals (RFP) to contract with one or more highly qualified fir ms registered at the State and Federal level to provide government relations and lobbying services to represent the City’s interests and advance the City’s legislative agenda at the state and federal levels. This will enable the City of Richmond to have a streamlined strategy around funding requests.

DOCUMENTS ATTACHED:

Attachment 1 – Contra Costa County 2023-2024 Adopted State Legislative Platform Attachment 2 – Contra Costa County 2023-2024 Adopted Federal Legislative Platform 74 75
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February 20, 2024

City Manager's Office

DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shasa Curl, City Manager

Subject:

Calendar Year 2023 City-Wide Accomplishments
FINANCIAL IMPACT: There is no fiscal impact.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City Manager's Office is providing an update on City- wide accomplishments during the calendar year 2023.

RECOMMENDED ACTION:

RECEIVE an update on the 2023 calendar year City-wide
accomplishments – City Manager’s Office (Shasa Curl
510-620-6512).

DISCUSSION:

Under the guidance of the City Manager, all municipal departments and divisions are actively implementing the policy directives set forth by the City Council. This encompasses a wide range of tasks, including policy development, program implementation, and forging partnerships with residents, businesses, and community- based organizations (CBOs) aimed at enhancing Richmond's health equity, safety, and environmental standards. Additionally, City staff members play a crucial role in supporting approximately 94 Boards, Commissions, Committees, Associations, or Regional Agencies meetings.

AGENDA
REPORT
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February 20, 2024
In summary, we are pleased to highlight the numerous city-wide achievements made in addressing various community needs and City Council priorities throughout the 2023 calendar year. Moving forward, under the leadership of the City Council, the City Manager eagerly anticipates continued collaboration with City staff members and stakeholders to sustain this positive momentum.

CITY-WIDE ACCOMPLISHMENTS:

In the City of Richmond, 2023 was a fast-paced, busy, and extremely productive year!

City Manager’s Office

 With the leadership of the City Council, Shasa Curl, Richmond City Manager dramatically changed the trajectory of the City’s finances in an extremely positive manner by achieving a balanced budget for the second year in a row and increased the reserve levels to a high of 21 percent.
 Supported City Council in developing City Council Goals and Objectives.  The City Manager partnered with the City Council to invest in the City's Capital Improvement Program to improve the built environment including several key projects such as the Main Library Renovation, expanding improvements to the Booker T. Anderson Community Center, Street Safety, and Complete Streets.  Library and Recreation hours were expanded, as well as programming was increased.
 The City Manager partnered with the City Council to complete the allocation of all $27.7 Million in American Rescue Plan Act funds.
 Successfully partnered with organizations to support community-focused events such as Cinco de Mayo and Juneteenth

Bloomberg Harvard City Leadership Initiative: City Manager’s Office and Mayor’s Office Collaboration

 The Mayor’s Office was invited to propose a project aimed at facilitating City leadership's study and strategic planning efforts as a participant in the Bloomberg Harvard City Leadership Initiative. Aligned with the City Council’s Draft Goals and Objectives, this project centers on the Port of Richmond.  Mayor’s Office and City staff members collaborate and participate in weekly meetings that provide technical support, academic expertise, research training, and networking opportunities for the designated project.  Mayor Martinez nominated two individuals, Shasa Curl, Richmond's City Manager, and Tony Tamayo, the Mayor’s Deputy Chief of Staff, to participate in the "Bloomberg Harvard Senior Leaders" program. This initiative involves a year- long program comprising leadership training, workshops, municipal case study discussions, and networking opportunities with global leaders (Staff Report, September 19, 2023, “Participation in Bloomberg Harvard City Leadership Initiative”).

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February 20, 2024
City Clerk’s Office

 Continued management of NextRequest public records management software.

This software gives the Clerk’s Office a boost on compliance regulations and has improved the management and response efforts to records requests.  Restarted appointment-only passport services. All City Clerk’s Office staff are passport acceptance agents and required to be certified annually - process and receive updates to new rules and regulations.
 Updated the City Clerk’s main webpage.
 Offered translated City Council agendas in Spanish and published on the website.
 Held the first Boards and Commission Live Training and published the training video on the Clerk’s Office Boards and Commission Webpage in July 2023.  Contracted with Gladwell Government Services to begin the process to update the Records Retention Schedule by July 2024.

Community Development

Planning
 Adopted and certified 6th Cycle Housing Element.
 Completed community engagement related to drafting new Environmental Justice Element and Safety Element updates.
 Held several community workshops and study sessions with the Planning Commission, City Council, and Community Stakeholders to obtain feedback on land uses for the Hilltop Horizon Specific Plan.
 Received a California Preservation Foundation 2023 Preservation Design Award and 2023 Governor's Historic Preservation Award for the Rooted in Richmond App. Rooted in Richmond is a multimedia walking/biking tour of historical sites in the city to promote and educate the public about the city's legacy.  Received 382 applications of which 289 have been approved. The various approvals included 399 residential units and 86 accessory dwelling units.  Richmond Livable Corridors Form-Based Code was adopted (new Richmond Municipal Code Series 15.04.400) to encourage infill development along major corridors.

Building
 Fully implemented SolarAPP+ instant residential solar PV permitting and added residential solar with battery storage projects to the implementation.  Issued 2,579 permits, completed 9,131 permit inspections, completed 2,323 plan reviews.

Code Enforcement
 Completed demolition of 4320 Sycamore Avenue, a Receivership property.  Opened Cases 801; Closed Cases 665; Completed 1,703 Inspections; Issued 673 Notice of Violations; Issued 51 Vehicle Abatement Notices; Issued 149 Administrative Citations.
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February 20, 2024

Housing/Successor Agency
 Secured an approximate $8.6 million Encampment Resolution Funding (ERF) Round 2 grant from the California Interagency on Homelessness that will target encampments Citywide, including on Caltrans rights-of-way.  Submitted a Homekey application for funding to assist in the acquisition of a 49- unit motel in Richmond to provide housing for extremely low income and unhoused residents with on-site supportive services.
 Successfully negotiated a 12th Amendment to the Disposition and Development Agreement with Pacific West Communities to complete Subarea I project for Metrowalk Phase 2. Secured an approximate $43 million Affordable Housing Sustainable Communities (AHSC) Grant to support development of the Subarea 1 project - a 150-unit affordable housing development with on-site supportive services- of Metrowalk Phase 2 Project. The AHSC award will also fund mobility and transit improvements at and adjacent to the Richmond BART Station.

Transformative Climate Communities (TCC) Grant
 Executed a $35 million TCC Implementation grant with $19 million of committed leverage funding to achieve major environmental, health, and economic benefits in three of Richmond's State of California designated disadvantaged communities.

Community Services

Employment and Training
 Awarded over $7 million to provide employment and training services to Richmond residents.
 Implemented the grant-funded Richmond Beautification Program.  Assisted Richmond Housing Authority with housing development remediation and renovation at Nystrom Village.
 Served over 5,000 people in the Career Center.
 Served 749 youth by providing career development, occupational skills training, and paid work experience.
 Served over 200 adults and dislocated workers.
 Served 71 individuals in the RichmondBUILD construction training program and provided 45 YouthBuild individuals with training and educational services.  Established free online occupational skills training available for all Richmond residents.

Richmond Public Library
 Restored Saturday hours to the Main Library, for a total of 46 service hours/week at the Main Library exceeding the pre-pandemic 40 hours.  Launched after-school Homework Help at all three Library locations and two Community Centers in Richmond. The program provides homework help four days per week and is supported by a $150,000 grant from Richmond Fund for Children and Youth.
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February 20, 2024
 Collaborated with Scientific Adventures for Girls to offer co-ed space science programs to children on Saturdays in July. Developed productive partnerships with organizations such as East Bay Regional Parks, Habitot Children's Museum, and Richmond Head Start, which led to dozens of well-attended special events and story times.
 Acquired additional hotspots and laptops to be circulated to patrons, expanding access to online resources.
 Library users borrowed 113,220 items.
 Library users made 42,661 visits to the library.
 10,168 people attended 327 library events for children, teens, and adults including expansive summer programming at all locations from numerous performers and community organizations.
 Accepted a $250,000 grant from the California State Library to design and procure a replacement Bookmobile.
 Accepted a $9.7 million library renovation grant from the California State Library to renovate Richmond Main Library.

Literacy for Every Adult Program (LEAP)
 Received grants to support literacy services including adult literacy instruction, families for literacy services, and English as a Second Language services totaling $183,869.
 Provided literacy services to Richmond residents, offered GED preparation classes at Bay Area Rescue Mission and English as a Second Language classes at a local business, Online Bindery. LEAP partnered with the Office of Neighborhood Safety to serve-at risk youth, Richmond Build to provide math training for the plumber’s exam, and the West Contra Costa Unified School district to offer ESL classes to parents.
 Served 287 active adult learners and supported 6 individuals to receive their GED certificates. Engaged 38 adults and 59 children to participate in the Families for Literacy Services program.
 Entered partnership with T-Mobile Government Contracting Unit to secure 109 free iPads for students to continue their education remotely with free hotspots.  Partnered with a group of dedicated volunteers who donated 2,203.5 hours, the equivalent of $61,900 in salary costs.

Office of Neighborhood Safety (ONS)
 Awarded over $6 million dollars in grant funding.
 Completed a 7th cohort of Operation Peacemaker Fellowship.  Hired 7 new Neighborhood Change Agents and 2 new administrative staff.  Had 5,100+ engagements with Richmond community members.  Had 5,000+ hours engaging Richmond community members.

Recreation
 Expanded the hours for many programs into the evening and weekends. 130

February 20, 2024
 Transitioned all afterschool and summer camp programs to in-person opportunities.
 Increased attendance at all our programs and special events such as Spring Egg Hunt, Park Rx Day, 3rd of July Fireworks, Fall Festival, and Tree Lighting.  Senior Centers and Developing Personal Resources Center continued to provide programs in a hybrid format to allow participants the freedom to choose programs of their comfort level.
 Continued to award Love Your Block Mini-Grants and supported community beautification projects through the fee waiver process.  Celebrated the opening of the City of Richmond’s first mobile Tool Lending Library.
 Opened the first cooling center at Nevin Park through a grant received from Pacific Gas & Electric.

Transportation
 Increased Richmond MOVES on demand ride destinations by 15 percent.  Expanded the R-Transit senior/disabled rideshare van service by contracting with a transportation provider to assist with rides and outreach promotions to enroll additional consumers.
 Approved by the United States Department of Transportation (US DOT) as a Transportation Service provider.
 Increased participation in the annual Electric Vehicle (EV) carshare program to encourage increased EV purchases.

Economic Development

Arts and Culture
 Selected 5 artists for public art commissions at Shields Reid, encompassing mosaic tiles, murals, sculptures, and photos.
 Conducted artist search initiatives.
 Public art installation at Hacienda Heights affordable housing development.  Organized focus groups for the Public Art Master Plan.  Public Art Master Plan approved by City Council.
 Solicited scholarships from Art Academy University (AAU).  Curated the Mayor’s Office Art Exhibit.
 Successfully completed 10 Neighborhood Public Art (NPA) Mini Grant contracts, including the Point Richmond Ferry Tunnel.
 Obtained City Council approval to proceed with the Kennedy Park Art contract scope and terms.
 Selected a new Poet Laureate, Stephen Sharpe.
 Initiated the Parchester Village Mural project under a $300,000 contract.  Issued Request for Qualifications (RFQ)/Request for Proposals (RFP) for Chef’s Warehouse/Allen Brother’s mural and mosaic tile.
 Negotiated CAL Trans Werhle contract details including copyright, insurance, and permits.
131

February 20, 2024
 Solicitated participation for the Arts Registry.
 Conducted community engagement sessions at Shields Reid Mosaic and Mural Site.
 Attended Public Art Network event in San Jose.
 Developed maintenance plan for Ookwe Park Fiscal Year (FY) 23-24 budget, including feral cat removal.
 Prepared procedure for Bay Area Rapid Transit (BART) station mural, including encroachment permit.
 Prepared Arts District RFP for approval.

Business Development
 Collaborated with the Economic Development Commission public event “Taste of Richmond 2023” at Civic Center Plaza in support of local food vendors.  Received City Council approval of $1,250,000 American Rescue Plan Act (ARPA) funds to support small businesses.
 Developed a comprehensive Business Tool Kit on the City’s website to support a business-friendly model.
 Implemented a Calendly system for scheduling and tracking of small business appointments with Economic Development staff.
 Revamped the Revolving Loan Fund City webpages in partnership with Community First Lending.
 Initiated and created a Bludot Customer Relations Management (CRM) software platform to track and communicate with businesses.
 Attended Contra Costa and Alameda County economic development and East Bay Economic Development Alliance meetings regarding regional and collaborative efforts.
 Visited over 50 Richmond businesses in 2023.

Environmental and Health Initiatives
 Facilitated MCE (Marin Clean Energy) to present to the City’s Planning and Code Enforcement Divisions on available residential energy efficiency and Electric Vehicle (EV) programs.
 Launched outreach of the Virtual Powerplant Pilot (VPP) Program to GRID in partnership with MCE and Zero Net Energy (ZNE) Alliance to implement Richmond’s California Energy Commission grant.
 In partnership with Community Development, awarded $80,000 California Automated Permit Processing (CalAPP) grant to help local governments in California recover the cost of establishing an eligible automated, solar permitting platform.
 Hosted Nystrom Village Earth Day Community Clean-up and Dumpster Day.  Completed settlement agreement with Pacific Gas and Electric (PG&E) to amend Franchise Fee percentage approved by City Council. First $200,000 payment was received. Total additional revenue generation is estimated at $3.3M annually and one-time payment of $800,000. California Public Utilities Commission (CPUC) approved surcharge in November 2023.
132

February 20, 2024
 Started competitive procurement process for solid waste collection agreement.  Attended California Climate and Energy Collaborative annual Climate and Energy Forum in Santa Rosa.
 Hosted two Green Blue New Deal Workforce Development workshops and presented at Economic Development Commission (EDC) and Richmond Workforce Development Board (RWDB). Provided updates to the Richmond Neighborhood Coordinating Council (RNCC).
 Hosted annual community workshop for the City’s no cost solar program for low- income homeowners in partnership with the non-profit, GRID Alternatives.  Hosted two solid waste collection workshops to provide education and receive input on the collection agreement.
 Awarded $160,000 Energy Efficiency and Conservation Block Grant (EECBG) from the Department of Energy.
 In partnership with Community Development, finished Transformative Climate Communities (TCC) Post Award Consultation process and signed the final TCC Grant Agreement.
 Hosted Communities Local Energy Action Program (CLEAP) Stakeholder workshop to give an overview and receive comments on the draft report.  Published the CLEAP report on city-wide building energy-use analysis to assess the impacts of various approaches to electrifying and improving energy efficiency of existing residential and commercial building in Richmond through technical assistance award from the Department of Energy.
 Hosted Pullman Neighborhood litter clean-up event with 28 volunteers collecting a total of 43 bags of litter.
 Updated Illegal Dumping data on the City’s Transparent Richmond page.

Port
 Hired a Port Director.
 Continued Wharf removal project at Terminal 4 with majority of piles removed.  Completed weed abatement along Canal Blvd and Port buildings.  Completed the Fire Riser room abatement and remediation project.  Issued a RFP for Basin 1, lease agreement in process.  Increased annual Port Tariff Schedule, raising rates to 6.2 percent.  City Council received a written Port Report to City Council on operations, facilities, and economic opportunities.
 Audit initiated and in process for the Port department.  Completed termination of non-compliant lease for General Warehouse.  Completed lease amendment with the Port tenant occupying the Point San Pablo Harbor.
 Completed lease amendment with Port tenant Marine Spill Response Corporation (MSRC).
 Attended California Association of Port Authorities (CAPA) meetings for regional, Bay, and federal efforts.
133

February 20, 2024
 Participated in the Bay Conservation and Development Commission’s (BCDC) Seaport Planning Advisory Committee efforts to finalize the San Francisco Bay Area Sea Port Plan.

Richmond Housing Authority (RHA)
 Nevin Plaza Rehabilitation kickoff celebration and construction commenced (138 affordable housing units for seniors). Phase 1 was completed in November 2023 (27 units). Construction of Phase 2 commenced (54 units).  Supported the Hacienda Heights grand opening. The project includes 150 affordable housing units for seniors ages 62 and above and is fully leased.

Twenty-five of these housing units are reserved for people exiting homelessness with supportive services.
 Rehabilitated to lease 13 units at Nystrom Village, and 279 work orders were completed.
 Completed and submitted the Cost Allocation Plan to US Department of Housing and Urban Development (HUD).
 Completed and submitted Annual Plan to HUD.
 Completed audits for 2017 and 2018 and submitted to HUD unaudited financial data through 2021.

Fire

Administration/Support
 Continued to work on upgrading the Computer Aided Dispatch (CAD) system for the department.
 Initiated the design and acquisition process of new fire apparatus.  Hosted a tour of the Richmond Fire Training Center which was attended by U.S.

Representative John Garamendi where the history of the site, current use, future plans, and request for funding was discussed.

Suppression
 Held an open house at Fire Station 63 in celebration of the National Fire Safety Week.
 Promoted four (4) Firefighters to the rank of Fire Engineer.  The Fire Department together with the Richmond Police Department provided toys and food to 500 families during its annual toy drive.

Training
 Conducted a Fire Engineer Academy in preparation for the Fire Engineer Promotional Assessment.
 Commenced the 23-1 Richmond Fire Academy with five (5) Probationary Firefighter Graduates.

134

February 20, 2024
Prevention
 Conducted 2902 Very High Fire Hazard Severity Zone (VHFHSZ) inspections.  Conducted School State Mandated Inspections with the West Contra Costa Unified School District.
 Conducted the Fire Inspector Promotional Assessment and established a certified list which the department will promote starting January 2024.  Installed Fire Danger Today Signs at Fire Station 63 and Point Richmond.

Office of Emergency Services
 Hired an Emergency Services Manager who will provide leadership to the City of Richmond and its residents through comprehensive emergency management, planning and preparedness.
 Conducted a Community Emergency Response Team (CERT) academy and graduated 20 volunteers.
 The Richmond Fire Department, Richmond Police Department, CERT volunteers and other agencies successfully conducted an emergency evacuation drill at Brickyard Cove in Point Richmond.

Internal Services

Finance
 Prepared FY 2023-24 Operating and Capital budget which was adopted by City Council on June 20, 2023.
 Implemented 10 of 11 State Audit Recommendations:
o Updated Reserve Policy.
o Adopted Balanced FY2023-24 Budget.
o Prepared forecast with multiple scenarios.
o Updated Pension Funding Policy.
o Updated OPEB Funding Policy.
o Made resources available to RHA to complete prior years’ audits. o Implemented a written agreement with RHA.
o Developed Contract Procurement procedure documentation. o Developed Contract Procurement Checklist.
o Updated Charter regarding Master Fee update frequency.  Presented quarterly financial reports to City Council.  Allocated $15 million to the Main Library renovation project from FY 2023-24 vacancy savings.
 Allocated $9.5 million from FY 2022-23 unspent funds to various capital projects.  Completed first full year of the Business Tax under Measure U which generated over $16 million for the General Fund, more than four times the yearly average before Measure U.
 Completed the annual audit for fiscal year ending June 30, 2023.  Updated the following financial policies:
o Other post-employment benefits (OPEB) Funding, Cash Reserve, Debt, Pension Funding, Investment, Travel Policy, FastTrack Policy. 135

February 20, 2024
 Hired a Director of Finance, an Accounting Manager, a Payroll Manager, and an Administrative Services Coordinator.
 Assisted Human Resources in finalizing Memorandum of Understandings (MOUs) with several bargaining units.
 Collaborated with Human Resources on Classification and Compensation implementation.
 Facilitated the process of allocating ARPA and Environmental & Community Investment Agreement (ECIA) funding to City Council priorities.  Provided oversight of the Port performance audit.
 Worked closely with Information Technology on Munis upgrade that went live in December 2023.
 Established a Section 115 Trust with Public Agency Retirement Services (PARS) to begin prefunding Pension Contributions.
 Updated Authorized Broker Dealer Pool for City Investments.  Opened Mechanics Bank Money Market account yielding an exceptional rate of

4.95 percent.
 Trained requisitioners on the MUNIS upgrade changes related to Requisition Entry, Contract Entry, and Contract Change Orders.
 Created Checklist Forms for Contract Entry, Contract Amendments, and Purchase of Product procurements.
 Worked with Risk Management and the City Attorney’s Office to implement the new insurance approval process.
 Implemented the City Council-Approved Resolution 86-21 Anonymity of LLC in solicitations.
 Created the Piggyback Approval Form for the Finance Department.  Attended the 2023 Disadvantaged Business Enterprise Summit Organized by CalTrans and provided small local businesses with information on how to do business with the City of Richmond.
 Implemented the Beacon RFP/Bid Database to easily search for solicitation templates.
 Implemented the Pavilion software to easily search for Sole Source Contracts.  Implemented the Compare Coops software to easily compare cooperative contracts.

Human Resources

Recruitment and Selection
 Conducted 70 recruitments.
 Accepted and processed 3039 full-time and part-time applications.  Hired 73 Full-Time employees, 83 Part-Time employees, and promoted 52 employees.
 Filled critical vacancies such as Port Director, Deputy Director of the Library, Deputy Director of Public Works, Senior Assistant City Attorney, Payroll Manager, and Emergency Services Manager.

136

February 20, 2024
Employee and Labor Relations
 Successfully negotiated and implemented the Classification and Compensation Study for SEIU 1021 and IFPTE Mid-Management and Executive Management Unions.
 Successfully negotiated successor Memorandum of Understanding with Richmond Police Management Association Union.
 Successfully negotiated successor Memorandum of Understanding with Richmond Fire Management Association Union.
 Implemented facilitation and team building for several departments.  Initiated the Workforce Analysis.

Risk Management (Workers Compensation, General Liability, Employee Benefits, Wellness)
 Successfully launched a comprehensive wellness program for the Fire Department.
 Launched and revived employee recognition program and introduced the Rosie award employee recognition program.
 Implemented a 401a plan and Roth IRA options for employees.  Implemented PINS – Insurance tracking software.
 Held our first Summer Wellness Event - We had a total of 92 attendees that completed a raffle entry. The Wastewater department donated water bottles, coffee tumblers and storm water educational literature for all employees.  Returned 48 employees back to work.
 Processed 77 Workers Compensation Claims and 38 non-claim injuries.  Reviewed 602 insurance certificates.

Information and Technology (IT) Department

Network Division
 Implemented Microsoft Azure servers hosted in the Microsoft Cloud by the network support division. These servers serve as a failover site, enhancing our infrastructure. Currently 5 servers are operational.
 Upgraded Palo Alto Networks (PAN) firewalls by the Network division. Integrated PAN AIOPS (Palo Alto Networks AI Operations) to utilize machine learning and big data from the PAN cloud for configuring firewall policies, reducing risk factors, and minimizing human errors in configuration.
 Collaborated with contractors to replace legacy network cameras for the Civic Center Plaza as part of the ongoing effort by the Network division to upgrade and replace network cameras campus wide.

KCRT Division
 Worked collaboratively with vendors and City staff to successfully upgrade the City Council Chambers audio/video systems.
 Worked collaboratively with the City Manager’s office, Mayor’s office, Economic Development Department, and IT to Refresh the City’s website. 137

February 20, 2024
 Set up Board and Commission meetings in the Council chambers, Richmond Room, and the Bermuda Room in the Auditorium. These meetings include the Police Commission, Human Rights, Arts and Culture, Economic Development, Personnel Board, Children and Youth, Rent Board, Recreation and Parks and Reimagining Public Safety Task Force. Additionally, KCRT staff prepares all meetings for streaming on various online services i.e., Granicus and YouTube.  Continued to provide “Newsbytes” that highlight Public Safety Awards, Women’s Day, Easter Egg Hunt, Taste of Richmond, Salmon Release, Art of Peace, El Sobrante Stroll, and more, utilizing video, photography, and drone footage.

Business Application Division
 Completed the RFP to replace the City’s Customer Relationship Management (CRM) Permitting and Licensing Software System. Implementation is planned after the first of the year.
 Provided Planned Annual Continuing Education (PACE) programs for the City’s Finance and Human Resources Department and prepared City staff for the current upgrade to Tyler MUNIS version 2021.
 Hired an additional IT Manager to oversee the City’s enterprise Geographic Information System (GIS) system, Website Management, Open Data System, and to provide efficient digital initiatives for process improvements.

Police

 Achieved reductions in crime, marking the lowest homicide rate in over 50 years.  Successfully filled a significant number of vacancies by hiring 20 police officers and 14 professional staff members.
 Enhanced wellness programs for department staff, including the introduction of psychological services, a wellness app, a sleep trailer, and financial advising assistance.
 Implemented technology upgrades, such as the FLOCK Revival of the Explorer Program.
 Revived the Police Explorer Program.
 Combined efforts of our Parking Enforcement Unit and Patrol Officers and towed 3,075 vehicles resulting from multiple California Vehicle Code and City of Richmond Municipal Code violations.
 Procured the services of Data-Ticket to improve revenue collection centered around parking tickets.
 Bolstered our Marine Unit to improve public safety services around the 32 square miles of Richmond Shoreline.
 Police Department personnel assisted in the abatement of approximately 50 homeless encampments.
 Investigated 2,651 felony cases and successfully closed 2,318 cases (87 percent closure rate).
 Completed multiple beautification projects around the Police Department headquarters to improve employee morale.
138

February 20, 2024
 Hosted multiple collaboration meetings to strengthen our relationships with Community-Based Organizations (i.e., Richmond Police Activities League, RYSE Center, Latina Center, 23rd St. Merchants Association).  Engaged all sworn and professional staff supervisors/managers with our first- ever “Team Building Retreat.”
 Connected over 1,500 people to crucial victim resources through the Family Justice Center.

Public Works

 Greenway Gap Bridge Project: Completed Planning Study and applied for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant.  Sidewalk Restoration: Repaired and replaced 34 locations of the highest priority sidewalks.
 Santa Rita Road Stabilization Project: Design complete, project bid, and construction phase entered.
 Ferry Point Pump Station: 90 percent construction complete.  Dornan Drive Force Main Project: Design complete, project bid, and 95 percent construction complete.
 Sludge Thickener Project: Design complete, project bid, and 5 percent construction complete.
 Main Library Renovation Project: Issued RFP, selected and contracted with Noll & Tam Architect, and substantial pre-design work is in progress.  Rheem Creek Project: Design complete, project bid, and construction phase entered.
 Booker T. Anderson (BTA) Community Center Fire Restoration Project:

Construction completed; facility ready for next improvements.  Capital Improvement Program (CIP) Project Reporting System: Created for enhanced transparency in the City’s 60 CIP and 12 Water Resource Recovery (WRR) Projects.
 CIP Project Management: Identified and managed 56 active CIP projects with baseline schedules, budgets, and project phases.
 FY 23-24 CIP Budget Book: Completed in collaboration with the Finance Budget Team.
 Funding for CIP Projects: Identified funding shortfalls and successfully obtained $9.5 million in additional funding.
 Engineering and Architectural Contracts: Awarded and fully executed On-Call/As- Needed contracts for FY 2023-24 – FY 2025-26.
 Terminal 4 (T4) Demolition (Shoreline Restoration) Project: Completed design, bidding, and commenced construction.
 Wastewater Treatment Plant (WWTP) Critical Improvements Project: 95 percent construction complete.
 Stormwater Rates Study: Issued RFP.
 Temporary Sewage Holding Tanks Standards: Issued RFP.

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February 20, 2024
This summary only represents a partial list of the great work provided by City staff every day in 2023. City staff will continue to work collaboratively with community and internal and external entities to provide essential services to Richmond residents and businesses.

BOARDS, COMMISSIONS, COMMITTEES, ASSOCIATIONS, OR REGIONAL AGENCIES MEETINGS CITY STAFF SUPPORT:

No Name of Group Meeting
Occurrence
Departmental Support
1 AB 617 meetings monthly Community Development
2 AB 939 (Contra Costa County)
meetings
monthly City Manager's Office,
Economic Development
3 Alameda/Contra Costa Parks and
Recreation Director Calls
monthly Community Services
4 America's Job Center of California
(AJCC)
quarterly Community Services
5 Arts and Culture Commission monthly City Manager's Office, Economic Development
6 Association of Bay Area
Governments (ABAG)
City Manager's Office,
Community Development
7 Bay Area Air Quality Management
District (BAAQMD)
monthly, as
needed
Community Services,
Community Development,
Public Works
8 Bicycle Pedestrian Advisory
Committee (BPAC)
monthly Public Works
9 CalVIP grant meetings monthly Community Services
10 Castro Resident meetings monthly Community Development, Fire, Police
11 Commission on Aging monthly Community Services
12 Community Emergency Response
Team (CERT)
Fire
13 Community Police Review
Commission
monthly City Manager's Office, City
Attorney's Office, Police
14 Contra Costa Clean Water bi-weekly Public Works
15 Contra Costa Health A3 meetings monthly Community Services, Fire, Police
16 Contra Costa Transportation
Authority (CCTA)
monthly Community Services
17 Crime Free Multi-Housing
Meetings
monthly Police, Richmond Housing
Authority
18 Design Review Board bi-weekly Community Development 19 East Bay Regional Parks City Manager's Office,
Economic Development,
Public Works
140

February 20, 2024
20 Easter Hill Housing Corporation quarterly Richmond Housing Authority, City Manager's Office,
Finance, Community
Development
21 ECIA Ad Hoc Committee as needed City Manager's Office, Community Services
22 ECIA Grant Review Ad-Hoc
Committee
as needed City Manager's Office
23 ECIA Transportation Oversight
Committee
as needed Community Services
24 Economic Development
Association (EDA)
monthly City Manager's Office,
Economic Development
25 Economic Development
Commission
monthly City Manager's Office,
Economic Development
26 Ed Fund Camp Achieve quarterly Community Services
27 Electric Vehicle (EV) Steering
Committee
quarterly Community Services
28 Fire Safety Council Fire
29 Friends of the Richmond Public
Library
monthly Community Services
30 General Pension Board as needed City Clerk's Office
31 Gilman Street Sport Complex Community Services
32 Government Alliance on Race
and Equity (GARE)
monthly Council Staff, City Manager's
Office, Community Services,
Information Technology
33 Green Cities California monthly City Manager's Office, Economic Development
34 Hilltop District meetings monthly Public Works
35 Historic Preservation Commission monthly Community Development 36 Homeless Task Force monthly Community Development,
Police
37 Housing Advisory Commission monthly City Manager's Office, Economic Development,
Richmond Housing Authority
38 Housing Authority Board of
Commissioners
one to three times
per month
City Manager's Office, City
Clerk, City Attorney,
Information Technology,
Richmond Housing Authority
39 Human Rights and Human
Relations Commission
monthly Community Development,
City Attorney's Office
40 Juneteenth Planning Committee monthly as
needed
Police
41 League of California Cities East
Bay
quarterly City Manager's Office,
Management Leadership
Team (MLT), as needed
141

February 20, 2024
42 Library Commission bi-monthly Community Services
43 Library Foundation monthly Community Services
44 Literacy Day Event Committee monthly Community Services 45 Local Children's Funding Project monthly Department of Children and Youth
46 Marina District meetings monthly Public Works
47 Mayors Conference monthly City Manager's Office
Management Leadership
Team, as needed
48 MCE Clean Energy City Manager's Office,
Economic Development
49 National Night Out planning
committee
as needed Community Services, Police
50 Neighborhood Councils
(individual) meetings
weekly as needed City Manager's Office,
Community Development,
Community Services, Fire,
Police, Public Works
51 North Richmond Earth Day
Committee
as needed Community Services
52 North Richmond Green as needed Community Services
53 North Richmond Mitigation Fee
Committee
as needed (semi-
annually)
Community Services
54 North Richmond Municipal
Advisory Committee
as needed Community Services
55 Nystrom United Revitalization
Effort (NURVE)
as needed Community Services
56 Paratransit Coordinating
Committee
monthly Community Services
57 Parking Legislative meeting as needed Community Services 58 Personnel Board monthly Human Resources
59 Planning Commission bi-weekly Community Development 60 Police & Fireman's Pension Board as needed City Clerk's Office 61 Public Management Association monthly City Manager's Office, Internal Services
62 Recreation and Parks
Commission
monthly Community Services, Public
Works
63 RecycleMore regional staff
meetings
monthly City Manager's Office,
Economic Development
64 Regional Park and Recreation
Group
monthly Community Services
65 Reimagining Public Safety
Community Task Force
monthly Community Services,
Community Development,
Police
66 Republic Services/ City of
Richmond meetings
monthly City Manager's Office,
Economic Development, City
Attorney's Office
142

February 20, 2024
67 Richmond Friends of Recreation bi-monthly Community Services 68 Richmond Fund for Children and
Youth Oversight Board
monthly Department of Children and
Youth
69 Richmond Funders Forum bi-monthly Department of Children and Youth
70 Richmond Housing Authority
Corporation
quarterly City Manager's Office, City
Clerk, Community
Development, Finance,
Richmond Housing Authority
71 Richmond Neighborhood
Coordinating Council Executive
Board
monthly City Manager's Office,
Economic Development,
Community Services,
Community Development,
Fire, Police, Public Works
72 Richmond Police Activities
League (RPAL) Little League
Board
monthly Community Services
73 Richmond Promise monthly City Manager's Office
74 Richmond Rent Board monthly Rent Program
75 Richmond Repositioning and
Transfer Discussion (PHARS)
bi-weekly Finance, Richmond Housing
Authority
76 Richmond Swims as needed Community Services
77 Richmond Tennis Association monthly Community Services 78 Safety Committee Meetings monthly Community Services, Human Resources, Public Works
79 Shimada Friendship Commission monthly City Council Office 80 Southside + 1 Neighborhood
Council
bi-monthly Community Services
81 Statewide Illegal Dumping
Prevention Technical Advisory
Committee
quarterly City Manager's Office,
Economic Development
82 Trails for Richmond Action
Committee (TRAC)
as needed Community Services, Public
Works
83 Transformative Climate
Communities (TCC) Committee
monthly City Manager's Office,
Economic Development,
Community Development,
Community Services, Public
Works
84 Unhoused Interdepartmental
Team
monthly City Manager's Office,
Community Development,
143

February 20, 2024
Community Services, Public
Works, Police
85 Urban Forest Advisory Committee monthly Public Works 86 West Contra Costa Integrated
Waste Management Authority
(RecycleMore)
monthly City Manager's Office,
Economic Development
87 West Contra Costa Transportation
Advisory Committee (WCCTAC)
(staff and board meetings)
monthly Community Services
88 West Contra Costa Unified School
District (WCCUSD) Community
Schools Support Collaborative
monthly Community Services
89 West County Agency (JPA
between Richmond and West
County Wastewater District)
Public Works
90 West County Mayors and
Supervisors
monthly City Manager's Office, MLT
as needed
91 West County Wastewater District quarterly Public Works 92 Workforce Development Board bi-monthly Community Services 93 Youth Council as needed City Council Office
94 Zhoushan Friendship Commission monthly City Council Office

DOCUMENTS ATTACHED:

Attachment 1 - PowerPoint

144
ACCOMPLISHMENTS 2023
Shasa Curl, City Manager
145

CITY MANAGER'S OFFICE
• In the City of Richmond, 2023 was a fast-paced, busy, and extremely productive year!
• With the leadership of the City Council, Shasa Curl, Richmond City Manager dramatically changed the trajectory of the City’s finances in an extremely positive manner by achieving a Balanced Budget for the second year in a row and increased the reserve levels to a high of 21 percent.
• Supported City Council in developing Council Goals and Objectives • Ms. Curl partnered with the City Council to invest in the City's Capital Improvement Program to improve the built environment including several key projects such as the Main Library Renovation, expanding improvements to the Booker T. Anderson Community Center, Street Safety, and Complete Streets.
• Library and Recreation hours were expanded, as well as programming was increased.
• The City Manager partnered with the City Council to complete the allocation of all $27.7 Million in American Rescue Plan Act funds. 2 146

CITY MANAGER'S OFFICE
• The City Manager ensured the completion and commencement of affordable housing developments at Hacienda Heights, Nevin Plaza, and Metro Walk Phase II.
• A top priority for the City Manager is working diligently to hire new colleagues and expand promotional opportunities across the organization. In 2023, 156 employees were hired (full-time and part- time) and 52 employees were promoted. Successful implementation of a classification and compensation study for the entire organization aims to increase retention and continue to make the City of Richmond an employer of choice
• A historically low 8 homicides were recorded thanks to incredible partnerships city-wide
• Businesses such as Moxion were recruited to the Port of Richmond and their facility is under construction to bring an estimated 1,100 new green-blue new jobs to our community
• The Community Crisis Response Program is being launched • Increased funding was provided for non-profit art organizations 3 147

BLOOMBERG HARVARD CITY

LEADERSHIP INITIATIVE
• Mayor’s Office was invited to propose a project that would aid city leadership in studying and strategizing around innovation and advancement to the Port of Richmond
• Mayor’s Office and City staff members collaborate and participate in weekly meetings that provide technical support, academic expertise, research training, and networking
opportunities for the designated project.
• Mayor Martinez also nominated two “Bloomberg Harvard Senior Leaders” Shasa Curl, Richmond's City Manager, and Tony
Tamayo, the Mayor’s Deputy Chief of Staff, to participate in a year of leadership training, workshops, municipal case study discussions, and networking with other global leaders.
4 148
CITY CLERK’S OFFICE
• Continued management of NextRequest public records
management software. This software gives the Clerk’s Office a boost on compliance regulations and has improved the
management and response efforts to records requests
• Restarted appointment-only passport services. All City Clerk’s Office staff are passport acceptance agents and required to be certified annually - process and receive updates to new rules and regulations
• Updated the City Clerk’s main webpage
• Offered translated City Council agendas in Spanish and published on the website
• Held the first Boards and Commission Live Training and published the training video on the Clerk’s Office Boards and Commission Webpage in July 2023
• Contracted with Gladwell Government Services to begin the process to update the Records Retention Schedule by July 2024 5 149

COMMUNITY DEVELOPMENT
6 Planning
• Completed community engagement related to draft new Environmental Justice Element and Safety Element updates
• Adopted and certified 6th Cycle Housing Element
• Held several community workshops and study sessions with Planning Commission, City Council, and Community Stakeholders to obtain feedback on land uses for the Hilltop Horizon Specific Plan • Received a California Preservation Foundation 2023 Preservation Design Award and 2023 Governor's Historic Preservation Award for the Rooted in Richmond App. Rooted in Richmond is a multimedia walking/biking tour of historical sites in the city to promote and educate the public about the city's legacy
• Received 382 applications of which 289 have been approved. The various approvals included 399 residential units and 86 accessory dwelling units. • Richmond Livable Corridors Form-Based Code was adopted (new Richmond Municipal Code Series 15.04.400) to encourage infill development along major corridors
150

COMMUNITY DEVELOPMENT (CONTINUED)
Building
• Fully implemented SolarAPP+ instant residential solar PV permitting and added residential solar with battery storage projects to the implementation
• Issued 2,579 permits, completed 9,131 permit inspections, completed 2,323 plan reviews
Code Enforcement
• Completed demolition of 4320 Sycamore Avenue, a Receivership property
• Opened Cases 801; Closed Cases 665; Completed 1,703
Inspections; Issued 673 Notice of Violations; Issued 51 Vehicle Abatement Notices; Issued 149 Administrative Citations
Transformative Climate Communities (TCC) Grant
• Executed a $35 million TCC Implementation grant with $19 million of committed leverage funding to achieve major environmental, health, and economic benefits in three of Richmond's State of California designated disadvantaged communities
7 151

COMMUNITY DEVELOPMENT (CONTINUED)
8 Housing/Successor Agency
• Secured an ~$8.6 million Encampment Resolution Funding (ERF) Round 2 grant from the California Interagency on Homelessness that will target encampments Citywide, including on Caltrans rights-of- way
• Submitted a Homekey application for funding to assist in the acquisition of a 49-unit motel in Richmond to provide housing for extremely-low income and unhoused residents with on-site supportive services
• Successfully negotiated a 12th Amendment to the Disposition and Development Agreement with Pacific West Communities to complete Subarea I project for Metrowalk Phase 2. Secured a ~$43 million Affordable Housing Sustainable Communities (AHSC) Grant to support development of the Subarea 1 project - a 150-unit affordable housing development with on-site supportive services- of Metrowalk Phase 2 Project. The AHSC award will also fund mobility and transit improvements at and adjacent to the Richmond BART Station. 152

COMMUNITY SERVICES
9 Employment and Training
• Awarded over $7 million dollars to provide employment and training services to Richmond residents
• Implemented the grant-funded Richmond Beautification
Program
• Assisted Richmond Housing Authority with housing
development remediation and renovation at Nystrom Village • Served over 5,000 people in the Career Center
• Served 749 youth by providing career development,
occupational skills training, and paid work experience
• Served over 200 adults and dislocated workers
• Served 71 individuals in RichmondBUILD construction
training program and 45 for YouthBuild training and
educational services
• Established free online occupational skills training available for all Richmond residents
153

COMMUNITY SERVICES (CONTINUED)
Richmond Public Library
• Restored Saturday hours to the Main Library, for a total of 46 service hours/week at the Main Library exceeding
the pre-pandemic 40 hours
• Launched after-school Homework Help at all three
Library locations and two Community Centers in
Richmond. The program provides homework help 4
days per week and is supported by a $150,000 grant
from Richmond Fund for Children and Youth.
• Partnerships: Collaborated with Scientific Adventures for Girls to offer co-ed space science programs to
children on Saturdays in July. Productive partnerships
with other organizations such as East Bay Regional
Parks, Habitot Children's Museum and Richmond Head
Start classrooms led to dozens of well-attended special events and Storytimes.
10 154

COMMUNITY SERVICES (CONTINUED)
• Acquired additional hotspots and laptops to be
circulated to patrons, expanding access to online
resources
• Library users borrowed 113,220 items
• Library users made 42,661 visits to the library
• 10,168 people attended 327 library events for children, teens, and adults including expansive Summer
Programming at all locations from numerous
performers and community organizations
• Accepted a $250,000 grant from the California State
Library to design and procure a replacement
Bookmobile
• Accepted a $9.7 million library renovation grant from the California State Library to renovate Richmond Main
Library
11 155

COMMUNITY SERVICES (CONTINUED)
Literacy for Every Adult Program (LEAP)
• Received grants to support literacy services including adult literacy instruction, families for literacy services, and English as a Second Language services totaling $183,869
• Provided literacy services to Richmond residents, offered GED preparation classes at Bay Area Rescue Mission and English as a Second Language (ESL) classes at a local business, Online Bindery. LEAP partnered with the Office of Neighborhood Safety (ONS) to serve-at risk youth, Richmond Build to provide math training for the plumber’s exam, and the West Contra Costa Unified School (WCCUSD) district to offer ESL classes to parents. • Currently serving 287 active adult learners. Facilitated the earning of 6 GED certificates. Engaged 38 adults and 59 children to participate in the Families for Literacy Services program
• Entered partnership with T-Mobile Government contracting to secure 109 free iPads for students to continue their education remotely with free hotspots
• LEAP has a group of dedicated volunteers who donated 2,203.5 hours, the equivalent of $61,900 in salary costs.
12 156

COMMUNITY SERVICES (CONTINUED)
Office of Neighborhood Safety (ONS)
• Awarded over $6 million dollars in grant funding
• Completed a 7th cohort of Operation Peacemaker
Fellowship
• Hired 7 new Neighborhood Change Agents and 2
new administrative staff
• Had 5,100+ engagements with Richmond
community members
• Had 5,000+ hours engaging Richmond community
members
13 157

COMMUNITY SERVICES (CONTINUED)
Recreation
• Expanded the hours for many programs into the evening and weekends
• Transitioned all afterschool and summer camp programs to in- person opportunities
• Increased attendance at all our programs and Special Events such as Spring Egg Hunt, Park Rx Day, Fireworks, Fall Festival, and Tree Lighting
• Senior Centers and Developing Personal Resources Center continued to provide programs in a hybrid format to allow participants the freedom to choose programs of their comfort level • Continued to award Love Your Block Mini-Grants and supported community beautification projects through the fee waiver process. • Celebrated the opening of the City of Richmond’s first mobile Tool Lending Library
• Opened the first cooling center at Nevin Park through a grant received from Pacific Gas & Electric
14 158

COMMUNITY SERVICES (CONTINUED)
Transportation
• Increased Richmond MOVES on demand ride
destinations by 15 percent
• Expanded the R-Transit senior/disabled rideshare
van service by contracting with a transportation
provider to assist with rides and outreach
promotions to enroll additional consumers
• Approved by the United States Department of
Transportation (US DOT) as a Transportation
Service provider
• Increased participation in the annual Electric
Vehicle (EV) carshare program to encourage
increased EV purchases
15 159

ECONOMIC DEVELOPMENT (CONTINUED)
16 Arts and Culture
● Selected 5 artists for public art commissions at Shields Reid, encompassing mosaic tiles, murals, sculptures,
and photos
● Conducted artist search initiatives
● Public Art Master Plan approved by City Council.
● One Kennedy High School student awarded an Art
Academy University (AAU) four-year Presidential
Scholarship of $100,000
● Released Request for Qualifications (RFQ)/Request
for Proposals (RFP) for Chef’s Warehouse/Allen
Brother’s mural and mosaic tile
● Selected a new Poet Laureate, Stephen Sharpe for
a two-year
● Initiated the Parchester Village 88 Panel Mural
project under a $300,000 contract
● Completed Richmond Public Art Brochure
160

ECONOMIC DEVELOPMENT (CONTINUED)
Arts and Culture (continued)
● Successfully completed 10 Neighborhood Public Art (NPA) Mini Grant contracts, including the Point Richmond
Ferry Tunnel
● Negotiated Caltrans Werhle contract details including copyright, insurance, and permits
● Solicitated participation for the Arts Registry
● Conducted community engagement sessions at Shields-Reid Mosaic and Mural Site
● Attended a national Art Administrators Public Art Network event in San Jose
● Developed maintenance plan for Ookwe Park Fiscal Year 23- 24 budget, including feral cat removal
● Prepared procedure for restoration of Bay Area Rapid Transit (BART) station mural, including encroachment permit
● Released RFP to solicit a consultant to support with the development of a Richmond Arts District
17 161

ECONOMIC DEVELOPMENT
18 Business Development
 Collaborated with the Economic Development
Commission (EDC) public event “Taste of
Richmond 2023” at Civic Center Plaza in
support of local food vendors.
 Received City Council approval of $1,250,000
American Rescue Plan Act (ARPA) dollars to
support small businesses.
 Developed a comprehensive Business Tool Kit,
on the City’s website to support a business-
friendly model.
 Implemented a Calendly system for scheduling
and tracking of small business appointments
with Economic Development staff.
162

ECONOMIC DEVELOPMENT (CONTINUED)
Business Development (continued)
● Revamped the revolving loan fund City pages
in partnership with business partner,
Community First Lending
● Initiated and created a Bludot Customer
Relations Management (CRM) software
platform to track and communicate
with businesses
● Attended Contra Costa and Alameda
County economic development and East Bay
Economic Development Alliance meetings
regarding regional and collaborative efforts.
● Visited over 50 Richmond businesses in 2023
19 163

ECONOMIC DEVLOPMENT
20 Environmental and Health Initiatives
• Facilitated MCE (Marin Clean Energy) to present to the City’s Planning and Code Enforcement Divisions on available
residential energy efficiency and Electric Vehicle (EV) programs. • Launched outreach of the Virtual Powerplant Pilot (VPP) Program to GRID in partnership with MCE and Zero Net Energy (ZNE) Alliance to implement Richmond’s California Energy Commission grant
• 50 Residential and 10 Commercial Richmond customers enrolled in VPP Program
• Hosted annual community workshop for the City’s no cost solar program for low-income homeowners in partnership with the non-profit, GRID Alternatives
• 27 No Cost Solar installed on low-income Richmond homes • In partnership with Community Development, awarded $80,000 California Automated Permit Processing (CalAPP) grant to help local governments in California recover the cost of establishing an eligible automated, solar permitting platform
164

ECONOMIC DEVELOPMENT (CONTINUED)
Environmental and Health Initiatives (continued)
• Hosted stakeholder workshop to receive feedback on
draft Communities Local Energy Action Program
(CLEAP) report
• Published CLEAP report on city-wide building energy-use analysis to assess the impacts of various approaches to electrifying and improving energy efficiency of existing residential and commercial building in Richmond through technical assistance award from the Department of
Energy (DOE)
• In partnership with Community Development,
finished Transformative Climate Communities (TCC) Post
Award Consultation process and signed the final TCC
Grant Agreement
• Attended California Climate and Energy Collaborative
Annual Climate and Energy Forum in Santa Rosa
• Awarded $160,000 Energy Efficiency and
Conservation Block Grant (EECBG) from the DOE 21
165

ECONOMIC DEVELOPMENT
22 Environmental and Health Initiatives (continued)
• Completed settlement agreement with Pacific Gas and Electric (PG&E). Total additional revenue generation is estimated at $3.3M annually and one-time payment of $800,000.
• Hosted two solid waste collection workshops to provide education and receive input on the agreement
• Hosted Nystrom Village Earth Day Neighborhood clean-up event
• Hosted Pullman Neighborhood litter clean-up event with 28 volunteers collecting a total of 43 bags of litter
• Started competitive procurement process for solid waste collection agreement
• Hosted two Green-Blue New Deal (GBND) Workforce
Development workshops
• Provided updates on the GBND Workforce Development at the Economic Development Commision (EDC), Richmond
Workforce Development Board (RWDB),
and Richmond Neighborhood Coordinating Council (RNCC)
166

ECONOMIC DEVELOPMENT (CONTINUED)
Port
• Hired a Port Director.
• Continued Wharf removal project at Terminal 4 with
majority of piles removed
• Completed weed abatement along Canal Blvd and Port
buildings
• Fire Riser room abatement and remediation project
completed
• RFP completed for Basin 1, lease agreement in process. • Increased annual Port Tariff Schedule, raising rates to

6.2%
• City Council received a written Port Report to City
Council on operations, facilities, and economic
opportunities
23 167

ECONOMIC DEVLOPMENT
24 Port (continued)
• Audit initiated and in process for the Port department. • Completed termination of non-compliant lease for General Warehouse
• Completed lease amendment with the Port
tenant occupying the Point San Pablo Harbor
• Completed lease amendment with Port tenant Marine Spill Response Corporation (MSRC)
• Attended California Association of Port Authorities (CAPA) meetings for regional, Bay, and federal efforts
• Participated in the Bay Conservation and
Development Commission’s (BCDC) Seaport Planning
Advisory Committee efforts to finalize the San Francisco Bay Area Sea Port Plan
168

ECONOMIC DEVELOPMENT (CONTINUED)
Richmond Housing Authority
• Nevin Plaza Rehabilitation Kickoff
Celebration and Construction
commences (138 affordable housing
units for seniors). Construction
Phase 1 Commenced March 2023
Completed Nov. 2023 (27 units).

Construction Phase 2 Commenced
November 2023 (54 units)
• Nystrom Village, 13 units
rehabilitated to lease. 279 work
orders completed
• Completed and Submitted Cost
Allocation Plan to US Department of
Housing and Urban Development
(HUD) 25
169

ECONOMIC DEVLOPMENT
26 Richmond Housing Authority (continued)
• Hacienda Heights Grand Opening - 150
affordable housing units for seniors ages 62
and above, fully leased. Twenty-five of these
housing units are reserved for people
exiting homelessness with supportive services
• Completed and Submitted Annual Plan to
HUD
• Completed audits for 2017, 2018 and
submitted to HUD unaudited financial data
through 2021
170

FIRE DEPARTMENT
Administration/Support
• Continued to work on upgrading the Computer Aided
Dispatch (CAD) system for the department
• Initiated the design and acquisition process of new fire apparatus
• Hosted a tour of the Richmond Fire Training Center
which was attended by U.S. Representative John
Garamendi where the history of the site, current use,
future plans, and request for funding was discussed
Suppression
• Held an open house at Fire Station 63 in celebration of the National Fire Safety Week
• Promoted four (4) Firefighters to the rank of Fire
Engineer
• The Fire Department together with the Richmond Police Department provided toys and food to 500 families during its annual toy drive 27
171

FIRE DEPARTMENT
28 Training
• Conducted a Fire Engineer Academy in preparation
for the Fire Engineer Promotional Assessment
• Commenced the 23-1 Richmond Fire Academy with
five (5) Probationary Firefighter Graduates
Prevention
• Conducted 2902 Very High Fire Hazard Severity
Zone (VHFHSZ) inspections
• Conducted School State Mandated Inspections
(WCCUSD)
• Conducted the Fire Inspector Promotional
Assessment and established a certified list which
the department will promote starting January 2024
• Installed Fire Danger Today Signs at Fire Station 63
and Point Richmond
172

FIRE DEPARTMENT (CONTINUED)
Office of Emergency Services
• Conducted a Community Emergency Response
Team (CERT) academy and graduated 20
volunteers
• The Richmond Fire Department, Richmond Police
Department, CERT volunteers and other agencies
successfully conducted an emergency evacuation
drill at Brickyard Cove in Point Richmond
• Hired an Emergency Services Manager who will
provide leadership to the City of Richmond and its
residents through comprehensive emergency
management, planning and preparedness
29 173

INTERNAL SERVICES
30 Finance
• Prepared FY 2023-24 Operating and Capital budget
which was adopted by City Council June 20, 2023.
• Implemented 10 of 11 State Audit Recommendations:
• Updated Reserve Policy
• Adopted Balanced FY2023-24 Budget
• Prepared forecast with multiple scenarios.
• Updated Pension Funding Policy
• Updated OPEB Funding Policy
• Made resources available to RHA to complete prior
years’ audits
• Implemented a written agreement with RHA.
• Developed Contract Procurement procedure
documentation
• Developed Contract Procurement Checklist
• Updated Charter regarding Master Fee update
frequency
174

INTERNAL SERVICES (CONTINUED)
Finance (continued)
• Conducted a Community Emergency Response Team
(CERT) academy and graduated 20 volunteers
• Presented quarterly financial reports to City Council. • Allocated $15 million to Main Library renovation project from FY 2023-24 vacancy savings
• Allocated $9.5 million from FY 2022-23 unspent funds to various capital projects
• Completed first full year of the Business Tax under
Measure U which generated over $16 million for the
General Fund, more than four times the yearly average
before Measure U
• Completed annual audit for fiscal year ending June 30, 2023
• Updated the following financial policies:
• Other post-employment benefits (OPEB) Funding, Cash
Reserve, Debt, Pension Funding, Investment, Travel Policy, FastTrack Policy 31
175

INTERNAL SERVICES
32 Finance (continued)
• Hired a Director of Finance, a Accounting Managers, a Payroll Manager, and Administrative Services Coordinator • Assisted Human Resources in finalizing Memorandum of
Understandings (MOUs) with several bargaining units.
• Collaborated with Human Resources on Classification and Compensation Implementation
• Facilitated the process of allocating Environmental & Community Investment Agreement (ECIA) funding to City
Council priorities
• Oversee the Port performance audit
• Worked closely with Information Technology on Munis
upgrade that went live in December 2023
• Established a Section 115 Trust with Public Agency
Retirement Services (PARS) to begin prefunding Pension
Contributions
• Updated Authorized Broker Dealer Pool for City
Investments
176

INTERNAL SERVICES (CONTINUED)
Finance (continued)
• Trained requisitioners on the MUNIS upgrade
changes related to Requisition Entry, Contract
Entry, and Contract Change Orders
• Created Checklist Forms for Contract Entry,
Contract Amendments, and Purchase of Product
procurements
• Worked with Risk Management and the legal to
implement the new Insurance approval process.
• Implemented the Council Approved Resolution 86-
21 Anonymity of LLC in solicitations
33 177

INTERNAL SERVICES
34 Finance (continued)
• Created the Piggyback Approval Form for the
Finance Department
• Attended the 2023 Disadvantaged Business
Enterprise Summit Organized by CalTrans and
provided small local businesses with information on
how to do business with the City of Richmond.
• Implemented the Beacon RFP/Bid Database to
easily search for solicitation templates
• Implemented the Pavilion software to easily search
for Sole Source Contracts
• Implemented the Compare Coops software to
easily compare cooperative contracts
178

INTERNAL SERVICES (CONTINUED)
Human Resources
• Conducted 70 recruitments
• Accepted and processed 3039 full-time and part-time applications. • Hired 73 Full-Time employees, 83 Part-Time employees, and promoted 52 employees
• Filled critical vacancies such as Port Director, Deputy Director of the Library, Deputy Director of Public Works, Senior Assistant City Attorney, Payroll Manager, and Emergency Services Manager • Successfully negotiated and implemented the Classification and Compensation Study for SEIU 1021 and IFPTE Mid Management and Executive Management Unions
• Successfully negotiated successor Memorandum of Understanding with Richmond Police Management Association Union.
• Initiated the Workforce Analysis.
• Successfully negotiated successor Memorandum of Understanding with Richmond Fire Management Association Union
• Implemented facilitation and team building for several departments 35 179

INTERNAL SERVICES
36 Human Resources (continued)
• Successfully launched a comprehensive wellness program for the Fire Department
• Launched and revived employee recognition program and introduced the Rosie award employee recognition program. • Implemented a 401a plan and Roth IRA
options for employees
• Implemented PINS – Insurance tracking software
• Held our first Summer Wellness Event - We had a total of 92 attendees that completed a raffle entry. The
Wastewater department donated water bottles, coffee
tumblers and storm water educational literature for all employees
• Returned 48 employees back to work
• Processed 77 Workers Compensation Claims and 38 non-
claim injuries
• Reviewed 602 insurance certificates
180

INTERNAL SERVICES (CONTINUED)
Information and Technology
• Implemented Microsoft Azure servers hosted in
the Microsoft Cloud by the network support
division. These servers serve as a failover site,
enhancing our infrastructure. Currently 5
servers are operational.
• Upgraded Palo Alto Networks (PAN) firewalls
by the Network division. Integrated PAN AIOPS
(Palo Alto Networks AI Operations) to utilize
machine learning and big data from the PAN
cloud for configuring firewall policies, reducing
risk factors, and minimizing human errors in
configuration.
• Collaborated with contractors to replace legacy
network cameras for the Civic Center Plaza as
part of the ongoing effort by the Network
division to upgrade and replace network
cameras campus wide 37
181

INTERNAL SERVICES
38 Information and Technology (continued)
• Worked collaboratively with vendors and City staff to successfully upgrade the City Council Chambers
audio/video systems.
• Worked collaboratively with the City Manager’s office, Mayor’s Office, Economic Development Department, and IT to Refresh the City’s website.
• Set up Board and Commission meetings in the Council chambers, Richmond Room, and the Bermuda Room in the Auditorium. These meetings include the Police Commission, Human Rights, Arts and Culture, Economic Development, Personnel Board, Children and Youth, Rent Board, Recreation and Parks and Reimagining Public Safety Task Force. Additionally, KCRT staff prepares all meetings for streaming on various online services i.e., Granicus and YouTube.
• Continue to provide “Newsbytes” that highlight
Public Safety Awards, Women’s Day, Easter Egg Hunt, Taste of Richmond, Salmon Release, Art of Peace, El Sobrante Stroll, and more, utilizing video, photography, and drone footage. 182

INTERNAL SERVICES (CONTINUED)
Information and Technology (continued)
• Completed the RFP to replace the City’s
Customer Relationship Management (CRM)
Permitting and Licensing Software
System. Implementation is planned after the
first of the year.
• Provided Planned Annual Continuing Education
(PACE) programs for the City’s Finance and
Human Resources Department and prepared
City staff for the current upgrade to Tyler
MUNIS version 2021.
• Hired an additional IT Manager to oversee the
City’s enterprise Geographic Information
System (GIS) system, Website Management,
Open Data System, and to provide efficient
digital initiatives for process improvements.
39 183

POLICE DEPARTMENT
40 INSERT AN IMAGE
• Achieved reductions in crime, marking the lowest
homicide rate in over 50 years
• Successfully filled a significant number of
vacancies by hiring 20 police officers and 14
professional staff members
• Enhanced wellness programs for department staff
to include the introduction of psychological
services, a wellness app, a sleep trailer, and
financial advising assistance
• Implemented technology upgrades, such as the
FLOCK
• Revival of the Police Explorer Program
• Achieved reductions in crime, marking the lowest
homicide rate in over 50 years
184

POLICE DEPARTMENT (CONTINUED)
• Through the efforts of our Parking Enforcement Unit and Patrol Officers, we towed 3,075 vehicles resulting from multiple California Vehicle Code and City of Richmond Muni Code violations
• Procured the services of Data-Ticket to improve revenue collection centered around parking tickets
• Bolstered our Marine Unit to improve public safety services around the 32 square miles of Richmond Shoreline
• Investigated 2,651 felony cases and of those we successfully closed 2,318 cases (87% closure rate).
• Completed multiple beautification projects around the Police Department headquarters to improve employee morale
41 185

POLICE DEPARTMENT (CONTINUED)
• Hosted multiple collaboration meetings to strengthen our relationships with Community-Based Organizations (i.e, PAL, RYSE Center, Latina Center, 23rd St Merchants Association) • Engaged all sworn and professional staff supervisors/managers with our first-ever “Team Building Retreat”
• Connected over 1,500 people to crucial victim resources through the Family Justice Center
42 186

PUBLIC WORKS
• Greenway Gap Bridge Project: Completed Planning
Study and applied for the Rebuilding American
Infrastructure with Sustainability and Equity (RAISE)
Grant
• Sidewalk Restoration: Repaired and replaced 34
locations of the highest priority sidewalks.
• Santa Rita Road Stabilization Project: Design
complete, project bid, and construction phase
entered
• Ferry Point Pump Station: 90% construction
complete
• Dornan Drive Force Main Project: Design complete,
project bid, and 95% construction complete
• Sludge Thickener Project: Design complete, project
bid, and 5% construction complete
• Main Library Renovation Project: Issued RFP,
selected and contracted with Noll & Tam Architect,
and substantial pre-design progress
43 187

PUBLIC WORKS
44 • Rheem Creek Project: Design complete, project
bid, and construction phase entered
• Booker T. Anderson (BTA) Community Center Fire
Restoration Project: Construction completed; facility
ready for next improvements
• Capital Improvement Program (CIP) Project Reporting
System: Created for enhanced transparency in the City’s 60 CIP and 12 Water Resource Recovery (WRR)
Projects
• CIP Project Management: Identified and managed 56
active CIP projects with baseline schedules, budgets,
and project phases
• FY 23-24 CIP Budget Book: Completed in collaboration
with the Finance Budget Team
• Funding for CIP Projects: Identified funding shortfalls and successfully obtained $9.5 million in additional
funding
188

PUBLIC WORKS (CONTINUED)
• Engineering and Architectural Contracts:

Awarded and fully executed On-Call/As-
Needed contracts for FY 2023-24 – FY
2025-26
• Terminal 4 (T4) Demolition (Shoreline
Restoration) Project: Completed design,
bidding, and commenced construction
• Wastewater Treatment Plant (WWTP)
Critical Improvements Project: 95%
construction complete
• Stormwater Rates Study: Issued RFP.
• Temporary Sewage Holding Tanks
Standards: Issued RFP
45 189

THANK YOU
46 190

February 20, 2024

Economic Development

DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Charles Gerard, Port Director

Subject:

Construction Agreement with Rosendin Electric, Inc. for the Installation of a Shore Power System at the Point
Potrero Marine Terminal
FINANCIAL IMPACT: A portion of the proposed expenditure was approved in the Fiscal Year 2023-24 Port Budget ($1,700,000
Account String: 40163080-400708-36007). The Port
expects additional funding in FY 2024-25 for the balance of the project.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Port seeks approval of a construction agreement
with Rosendin Electric, Inc. to install a shore power
system at the Point Potrero Marine Terminal. The Port
would only expend a value equal to its established
budget.

RECOMMENDED ACTION:

APPROVE a construction agreement with Rosendin
Electric, Inc. in the amount of $3,320,747, for the
installation of a shore power system at the Point Potrero Marine Terminal, for a term beginning February 21, 2024, and ending June 30, 2026 – Port of Richmond (Charles
Gerard 510- 620-6792).

DISCUSSION:

The California Air Resources Board (CARB) adopted At Berth Regulations in 2020, which appear in Sections 93130 through 93131.22 of Title 17, of the California Code of Regulations. The purpose of these regulations is to reduce emissions from ocean-going AGENDA
REPORT
191

February 20, 2024
vessels at berths in California’s ports providing air quality benefits to people living and working in and around seaports. Any port with a regulated terminal is subject to these regulations, which includes the Port of Richmond’s Point Potrero Marine Terminal (PPMT).

While the regulations took effect on January 1, 2021, the emissions controls require compliance by January 1, 2025, for roll-on/roll-off (RORO) vessels, which are the type that call PPMT. This regulation requires that all ships at berth connect to shore-based electrical equipment to power a vessel’s systems rather than operate onboard fossil fuel powered electrical generators. The IEC/IEEE CDV 80005-1 describes the high-voltage shore connection (HVSC) systems that are both onboard the ship and on shore, which supplies loads up to 6.5 million volt-amperes (MVA) at 11 thousand volts (kV).

In early 2023, the Port issued an invitation for bid through the City’s Bids Online System to install a shore power system at the PPMT. Twenty-six vendors downloaded the bid information, and three vendors attended the pre-bid meeting. However, the Port did not receive any proposals by the April 2023 due date. The Port completed outreach within the contracting community to advertise the opportunity and re-released the invitation for bid. This second time, 21 vendors obtained the bid information, but by the due date in late May, the Port received no bids.

Port staff contacted several contractors who have previous experience working in Richmond as well as those that have installed a shore power system. Contractors noted that they did not bid due to the difficulty in procuring the electrical infrastructure necessary to support the specific shore power equipment for RORO vessels, lack of internal resources, and difficulty in meeting the construction schedule as stipulated by the Port.

Per the City of Richmond’s Municipal Code Section 2.52.31, “If no bids are received, procurement may proceed without further compliance with competitive bidding requirements.” Thus, the Port contacted an electrical contractor who has previously worked on repairing high-voltage systems at PPMT, Rosendin Electric, Inc. (Rosendin).

Rosendin is currently working at the Port of Oakland on shore power systems and offered helpful insight into developing a system for Richmond.

Rosendin expressed concerns in developing a final construction budget as there were unknowns in the HVSC system design and difficultly in procuring specialized materials.

Thus, the Port proposed a three-step process to develop the project that could protect the interests of both parties. These steps include the following:

1. Finalize the design of the shore power system as well as coordinate with vendors that can supply the unique equipment.

2. Install the landside equipment that includes connections to the Pacific Gas and Electric system, transformer, switch gear, and shore power connection.

3. Procure a vehicle that can handle the equipment that connects the shore power system to the ship.
192

February 20, 2024

Based upon the above steps, Rosendin provided an estimate to complete the project of $3,320,747. The estimated cost for each phase is summarized below:

1. Final Engineering $120,000

2. Shore Power Construction $2,149,197

3. Cable Management Equipment $1,051,550

After completion of the final engineering, the Port would coordinate with Rosendin to finalize the costs associated with the Shore Power Construction and the Cable Management Equipment. The Port believes the costs for phases 2 and 3 are estimated at the high end and should not increase unless there is a change in equipment specification.

In addition to completing this work, the Port will need to coordinate with Pacific Gas and Electric (PG&E) to increase the capacity of the electrical system at the PPMT. A previous investigation completed by PG&E in 2021 to serve a similar demand at PPMT ranged between $1.8 and $5.2 million. For budgeting purposes, the Port assumes the cost to be $3.5 million. The following summarizes the costs associated with providing a shore power system at PPMT.

Item Budget Performed by
Final Engineering $120,000 Rosendin
Permits $10,000 Richmond
Shore Power Construction $2,149,197 Rosendin
Cable Management Equipment $1,051,550 Rosendin
Electrical transmission upgrade $3,500,000 Pacific Gas and Electric Contingency $269,253
Total $7,100,000

To support funding of the improvements, in late July 2022, the Port received $1,003,250 in funding from the Bay Area Air Quality Management District (BAAQMD) from the Volkswagen Mitigation Trust Fund Zero Emission Freight and Marine Program Grant Agreement. Due to the challenges in securing a vendor, the Port could not commence work and the grant expired in late December 2023. The Port is currently working with BAAQMD to extend the funding as well as secure an additional allowance to support the existing approximate $6 million deficit.

To comply with CARB’s requirements, the Port seeks to award a construction agreement with Rosendin for a total not-to-exceed value of $3,320,747. However, until the Port obtains other funding, it seeks to only commence with the design phase and begin procuring materials consistent with the $696,750 allowance as outlined in its Fiscal Year 2023-24 budget. If the Port acquires additional funds, the remaining value of the contract would be awarded to Rosendin.

193

February 20, 2024
With additional funding, the Port believes that much of the shore power infrastructure can be installed by December 2024. However, the PG&E work will likely require an additional year to complete. Thus, the Port expects to have a shore power system ready at PPMT by early 2026.

ENVIRONMENTAL REVIEW:

As this is a Class 1 existing facility, the project is exempt from the California Environmental Quality Act.

DOCUMENTS ATTACHED:

Attachment 1 – Exhibit-A-1 Design Only Proposal
Attachment 2 – Construction Agreement
194
880 Mabury Road
San Jose, CA 95133
T: 408.286.2800
F: 408.808.1932
www.rosendin.com
LEAD. INSPIRE. BUILD.

License: 142881 (A, B, C-10, C-7)
Bu i
lding Quality | Building Value | Building People®
Se
ptember 27, 2023
Rob
ert Stevens email: [email protected]
Port of Richmond
Sub
ject: Port of Richmond Shore power
Dear Mr. Stevens:

We are pleased to submit our design only proposal for this project. The following identifies our scope of work and pricing.

I. SCOPE OF WORK
A.

ITEMS INCLUDED IN QUOTATION:

The
Contractor shall provide a complete design for the high voltage shore connection (HVSC) system. The design shall be in conformance to the IEC/IEEE CDV 80005-1 “Utility Connections in Port” as shown in the attached markup drawing. The design shall include the following components:
a. Connection to the Pacific Gas and Electric (PG&E) transformer or future equipment provided and installed by PG&E. This location shall be known as the service point.
b. Switch gear, fuses, and meter.
c. Transformer
d. Shore power equipment.
e. Cabling, conduits, pull boxes, and related appurtenances. f. Cable reel and vehicle.

Rosendin shall provide submittals to the Authority having Jurisdiction (AHJ) via the Client for review and approval. Rosendin will not advance to the next phase without approval from the Client and AHJ. This shall include the following phases:
a. Basis of design.
b. Draft Plans and Specifications.
c. Permit Plans and Specifications.
d. Final Plans and Specifications.
ex hibi t a-1
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Port of Richmond Shore Power SJ231236
September 27, 2023
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Building Quality | Building Value | Building People®
Rosendin will meet with the Client and AHJ on three (3) separate occasions as follows:

a. A kickoff meeting at the site to review conditions and discuss the overall objective.
b. A review meeting of the draft documents.
c. A review meeting to review permit comments.

Rosendin will provide Plans and related documents to the Client and AHJ to submit for Permit. Rosendin will assume at least one re-submittal to secure an electrical permit.

Upon completion of installation, Rosendin shall provide an as built of the installed components as well as all maintenance and operations documents.

B. ITEMS EXCLUDED FROM QUOTATION:

1. Procurement of equipment

2. Installation of equipment

3. Bond premiums.

4. Utility connection and usage fees.

5. All plan-check permit fees.

6. BIM and clash detection

7. Field painting.

8. Handling and disposal of hazardous materials

9. Fuel.

10. Off-site electrical work – Utility conduits & manholes, street lighting, traffic signals, etc.

11. Photovoltaic (PV).

12. Lightning protection.

13. Offsite parking.

14. Allowances unless specifically noted in this proposal.

15. Seismic Engineering calculations and wind calculations.

16. Any and all City of Richmond local, and SBE requirements

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Building Quality | Building Value | Building People®

C. CLARIFICATIONS:

1. Rosendin will obtain the IEC/IEEE 80005-1:2019+AMD1:2022+AMD2:2023 as part of the above scope. Any requirements set forth by this document beyond what can be reasonably implied by said scope - will be extra.

2. All work will be performed on straight time.

3. We reserve the right to amend the electrical subcontract by mutual agreement by both parties.

4. Rosendin is not responsible for late adds or scope revisions by others that cause Rosendin to perform additional work.

5. Current OSHA and NFPA-70E (NEC) regulations do not permit us to perform work on energized electrical systems.

6. We will use the following wiring methods:
a) PVC 80 - underground MV conduits.
b) PVC 40 – Underground conduits.
c) EMT – branch & feeder conduits exposed not subject to vehicle damage. d) RGS or IMC – branch & feeder conduits exposed to vehicle damage. e) MV Cable – 15KV AL provided

7. Bus bars in switchboards & panels and transformer windings are aluminum.

8. The current market is experiencing a high level of volatility in pricing for materials, including quoted and commodity materials. Prices are fluctuating daily, and the availability of some materials is in question. Pricing is based on current market costs and does not reflect or include any forecasted or increased tariffs, escalation and/or additional contingency costs of any kind. Substantial changes in commodities and/or manufacturing costs may be subject to request additional costs. We will re-evaluate this cost at the time of award and advise of the impact at that time.

9. Due to the volatility of the commodity market and supply chain, our pricing is only good for 30 days, and we will require a written commitment so that Rosendin can provide the same written commitment to its suppliers to hold pricing.

10. Lead times are subject to the timing of the PO issue, PO released, manufacturer load, and capabilities and can be affected throughout the submittal process.

11. Permits are by others

12. Testing and Geotechnical services by others

13. Site water to be supplied by others

14. No dewatering of trenches is included

15. Existing asphalt assumed to be no greater than 4” in depth

16. No hard rock excavation

17. Soil offhaul based on clean soil
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September 27, 2023
Rosendin Page 4 of 4

Building Quality | Building Value | Building People®

II. QUOTATION PRICING:

A. BASE BID:

Design : $ 120,000

TOTAL $ 120,000

B. ALLOWANCES (NOT INCLUDED IN BASEBID)

C. COST OF BONDS:

Provide 100% Payment and Performance Bonds,
if required ...................................................................... Included in Base bid 0.7%

Should you have any questions regarding this quotation, please feel free to contact Bryan Low /Estimator at 408-504-9134, or the undersigned.

Very truly yours,
Bryan Low

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SHAG ROADSHAG ROADSHAG ROAD
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SECURITY ANDOPERATION CENTER(APPROX. 5,200± SF)

CANAL BOULEVARD

POINT POTREROMARINE TERMINAL
BASIN 1BASIN 2BASIN 3BASIN 4BASIN 5

BCDC JURISDICTIONAL LIMIT

BCDC JURISDICTIONAL LIMIT

BCDC JURISDICTIONAL LIMIT

BCDC JURISDICTIONAL LIMIT

SANTA FE CHANNELSLOW
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REVISIONS
NO. BYDATEDESCRIPTION34
DRAWN:DESIGNED:CHECKED:CSW|ST2CSW|ST2RCS
SHEET NO.COUNTY NO.NONE
DATE12.27.2022

RICHMOND

PORT OF RICHMOND
RCSPOINT POTRERO MARINE TERMINALSHORE POWER APPV'D12
APPROVED:

FILE NO.

JOB NO.SCALE

CALIFORNIA
NONE
E-1 210 WASHINGTON AVENUE SUITE GRICHMOND, CA 94801CONTRA COSTA

MARINAWAY S

MACDONALD AVERICHMONDPKWY

HALLAVE

FORD CHANNEL

CANAL BLVD

CUTTING BLVD
W. OHIO AVE.I-580

HARBOUR WAY

CASTRO ST

CLIFFDORNAN DR

WHARFST
SEADR.

SANTA FE CHANNEL

HARBOR CHANNEL

BNSF RRBNSF RR

VICINITY MAPNTS

HARBOR CHANNELRICHMOND INNERHARBOR

WASTEWATERTREATMENTPLANT

PROJECT LOCATION

SITE PLANNTS
DETAIL 1NTS
SHORE POWER - SEE DETAIL 1
Existing 12Kv/480v Oil
Filled XFMR
Existing 480/277
two-section meter
main
Existing Vault, presumably
servicing existing 12Kv
/480v transformer
New 12Kv Meter Main
Fence is at edge of seawall
The intent is to have the gear on this shore side of
the fence but have the receptacle in a box that
protrudes to the dock side of the fence. Any
related controls would need to be accessible from
the dock side of the fence. All gear sized to
provide 3MVa at 11Kv.
199
880 Mabury Road
San Jose, CA 95133
T: 408.286.2800
F: 408.808.1932
www.rosendin.com
LEAD . INSPIRE . BUILD .

License: 142881 (A, B, C-10, C-7)

Building Quality | Building Value | Building People®

January 11, 2024

Robert Stevens
email: [email protected]
Port of Richmond

Subject: Port of Richmond Shore Power Preliminary Budget Pricing and Scope

Dear Mr. Stevens:

We are pleased to submit our preliminary budgetary proposal for this project. The following identifies our scope of work and pricing. This scope is subject to change once engineering and design is complete.

I. SCOPE OF WORK
A. ITEMS INCLUDED IN QUOTATION:

Electrical scope

1. Furnish & install 1200A 12KV switchgear
a. Switchgear consists of:
• METAL CLAD SWGR - OUTDOOR NON-WALK-IN
• 1200 AMP CU BUS, 3-PHASE 3-WIRE 12KV 95KV BIL,
• 1 - INCOMING / EUSERC UTILITY METER SECTION
• 1 - BATTERY SECTION
• 1 - 48VDC BATTERY, RACK & CHARGER
• 1 - 48VDC/120AC PANEL
• 1 - MAIN BREAKER SECTION(S) - CONSISTING OF:
o 1 - 1200 AMP 40 KAIC VACUUM BREAKER
o 48VDC TRIP, CHARGE & CLOSE
o 1 - 3-STAGE MOC SWITCH (3A3B)
o 1 - 3-STAGE TOC SWITCH (3A3B)
o 3 - 600:5 / C100 CT'S
o 2 - DRAW OUT MOUNTED PT'S WITH 2 C.L. FUSES EACH
o 1 - DRAW OUT MOUNTED 15KVA 1-PHASE CPT
o 2 - FEEDER PROTECTION RELAY (SEL-351)
o 1 - 86 LOCKOUT RELAY (LOR-1)
o 3 - STATION CLASS ARRESTERS
o 1 - BREAKER CONTROL SWITCH WITH LIGHTS
o 1 - TRANSITION SECTION
o 1 - ACCESSORIES:
o 1 - AC STATION PANEL 1-PHASE 3-WIRE 120/240V
o 2 - OUTDOOR LIGHTS
o 2 - CONVENIENCE OUTLETS
o 1 - LIFTING DEVICE
o 1 - MANUAL RACKING HANDLE

2. Conduit from 12K switchgear to transformer
a. (1) 4” Sch 40 PVC with 3#250kcmil 15Kv AL cable & #2G included

3. Furnish & install 3000 KVa 12Kv to 11Kv Step down transformer a. Transformer consists of:
3000 KVA Cast Primary Unit Substation
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January 11, 2024
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Building Quality | Building Value | Building People®
• 3 Phase 60 Hertz, 80/80 Degree C Rise, AN/Future AF
• 30 Average / 40 Maximum Ambient
• 5.75 Percent Impedance with +/- 7.5 ANSI Standard Tolerance Phase relation Dyn1
• 3300 Feet Maximum Altitude
• 68 dB(a) Guaranteed Sound Level (AA)
• Approximate Dimensions: Ht 120 in X Wd 126 in X Dp 78 in Approximate Total Weight: 29900 lbs
HIGH VOLTAGE 12000 Delta
• 95 kV BIL
• Taps: No Taps on 12000 Copper Conductor
• Termination in ANSI segment 2
• Air Terminal Chamber (Add 18" to Width) - HV Air Terminal Chamber Cable Support - HV
• Air Terminal Chamber Removable Bottom Panel - HV
LOW VOLTAGE 11000Y/6350
• 95 kV BIL
• Taps: No Taps Copper Conductor
• Termination in ANSI segment 4
• Air Terminal Chamber (Add 18" to Width) - LV Air Terminal Chamber Cable Support - LV
• Air Terminal Chamber Removable Bottom Panel - LV

CORE/COIL
• IBC/CBC 1.85 SDS
• Tin Plated Phase Bus Except Coil Bus

ENCLOSURES
• 150 MPH Category III, Exposure D, Wind Rated Enclosure • 11 Gauge Bottom Plate
• Copper Ground Bus, .25" X 2.00"
• Stainless Steel Hardware - Throughout Transformer
FINISH
• 1500 Hour Paint System Primer
• ANSI 61 Paint

MONITORING
• Control Power Furnished by Customer
• Qualitrol 3-Phase Series 118 ITM Temperature Monitor

NP/SIGN/TAG
• Stainless Steel Nameplate

PROTECTION
• 240 VAC Space Heaters Operated @ 120 VAC Thermostat For Space Heaters
• 120 VAC External Power Source for Heater Circuit

4. Conduit from transformer to Cavotec shore power box
a. (1) 4” Sch 40 PVC with 3#250kcmil 15Kv AL cable & #2G included

5. Furnish & install Cavotec shore power outlet box

6. Relocation of site lighting conduits around area of new equipment a. (2) 2” conduits w/3#8, 3#10 & 1#10G max per as-built drawings b. (2) N52 concrete boxes are included for splicing

7. Relocation of existing feed from existing genset
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January 11, 2024
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Building Quality | Building Value | Building People®
a. (1) 2”PVC w/4#3/0 & 1#6G max included
b. (2) N52 concrete boxes are included for splicing
Civil Scope

1. Perform scanning of area utilizing ground penetrating radar.

2. Sawcut, demo and dispose of AC/Concrete at trench and concrete pad locations.

3. Excavate & backfill trench 50 ft long x 4 ft wide and 4 ft deep.

4. Install (7) bollards.

5. Patch pave around new bollards

6. Install 10 ft x 10ft x 6in. concrete pad.

7. Install 5 ft x 5 ft x 6” concrete pad.

8. Patch concrete at trench locations.

9. Excavate & backfill for Generator/lighting conduit reroutes.

B. ITEMS EXCLUDED FROM QUOTATION:

1. Cavotec mobile power unit and associated accessories

2. Connection to utility (PG&E or otherwise) equipment and associated raceway and or junction boxes

3. Design or design drawings

4. Engineering or engineered drawings

5. Permits

6. Bond premiums.

7. Utility connection and usage fees.

8. All plan-check permit fees.

9. BIM and clash detection

10. Field painting.

11. Handling and disposal of hazardous materials, if required.

12. Off-haul of trench spoils.

13. Off-site electrical work – Utility conduits & manholes, street lighting, traffic signals, etc.

14. Photovoltaic (PV).

15. Lightning protection.

16. Offsite parking.

17. Allowances unless specifically noted in this proposal.

18. Seismic Engineering calculations and wind calculations.

19. Testing/Geotechnical services by others

20. Site water to be supplied by others.

21. No dewatering of trenches included.

22. No utility/conduit reroutes included.

23. Existing asphalt assumed to be no greater than 4” in depth.

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January 11, 2024
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Building Quality | Building Value | Building People®
C. CLARIFICATIONS:

1. This is a preliminary scope and pricing which are subject to change once engineering and design is complete.

2. All work will be performed on straight time.

3. We reserve the right to amend the electrical subcontract by mutual agreement by both parties.

4. We are not responsible for late adds or scope revisions by other subcontractors that cause Rosendin to perform additional work.

5. Spoils to be spread on site.

6. Current OSHA and NFPA-70E (NEC) regulations do not permit us to perform work on energized electrical systems.

7. We will use the following wiring methods:

1. PVC 80 - underground MV conduits.

2. PVC 40 – Underground conduits.

3. EMT – branch & feeder conduits exposed not subject to vehicle damage.

4. RGS or IMC – branch & feeder conduits exposed to vehicle damage.

5. MV Cable – 15KV AL provided

8. Bus bars in switchboards & panels and transformer windings are aluminum.

9. The current market is experiencing a high level of volatility in pricing for materials, including quoted and commodity materials. Prices are fluctuating daily, and the availability of some materials is in question. Pricing is based on current market costs and does not reflect or include any forecasted or increased tariffs, escalation and/or additional contingency costs of any kind. Substantial changes in commodities and/or manufacturing costs may be subject to request additional costs. We will re-evaluate this cost at the time of award and advise of the impact at that time.

10. Due to the volatility of the commodity market and supply chain, our pricing is only good for 30 days, and we will require a written commitment so that Rosendin can provide the same written commitment to its suppliers to hold pricing.

11. Lead times are subject to the timing of the PO issue, PO released, manufacturer load, and capabilities and can be affected throughout the submittal process.

12. Permits are by others

13. No hard rock excavation

14. Soil offhaul based on clean soil

15. Rebar reinforcement #5 bar 18” on center.

16. Concrete pads to be 6” in depth without thickened edges.

17. It is assumed that holes for bollards can be drilled, and walls will stand up in a neat fashion. If cobble is encountered a Change Order will be issued to change our means and methods for installing.

203
204
880 Mabury Road
San Jose, CA 95133
T: 408.286.2800
F: 408.808.1932
www.rosendin.com
LEAD . INSPIRE . BUILD .

License: 142881 (A, B, C-10, C-7)

Building Quality | Building Value | Building People®

January 11, 2024

Robert Stevens
email: [email protected]
Port of Richmond

Subject: Port of Richmond Shore power – Cavotec equipment procurement

Dear Mr. Stevens:

We are pleased to submit our preliminary budgetary proposal for the procurement of Cavotec equipment. Pricing subject to change once customized to customer specifications.

I. SCOPE OF WORK
A. ITEMS INCLUDED IN QUOTATION:

1. 046965-AMP1 (TS01a) - PowerMove 1 HV cable with PC5 plugs a. Per drawing OP-046965-T01 and specification PowerMove RoRo Towable attached.
b. 10m Maximum Hatch Height Reach (High Tide/Empty Vessel) c. 2m Minimum Hatch Height Reach (Low Tide/Full Vessel) d. UL Field Certification will be charged cost + 20%. We have allowed $26,875 final cost is TBD.
e. Shipping is DDP Richmond, California. All cost to complete DDP from Italy to California, USA will be charged cost + 20%. We have allowed $46,388.26. Final cost is TBD.

2. Start up & Commissioning – Cavotec field technician one day onsite

3. 115’ of CP2X325-Y/O 2-Channel Cable Protectors

4. 9.75% Sales Tax

B. ITEMS EXCLUDED FROM QUOTATION:

1. Connection to utility (PG&E or otherwise) equipment and associated raceway and or junction boxes

2. Engineering or engineered drawings

3. Design and design drawings.

4. Permits

5. Bond premiums.

6. Utility connection and usage fees.

7. All plan-check permit fees.

8. BIM and clash detection

9. Field painting.

10. Handling and disposal of hazardous materials, if required.

11. Off-haul
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Port of Richmond Shore Power – Cavotec procurement SJ231236 January 11, 2024
Rosendin Page 2 of 3

Building Quality | Building Value | Building People®

12. Off-site electrical work – Utility conduits & manholes, street lighting, traffic signals, etc.

13. Photovoltaic (PV).

14. Lightning protection.

15. Offsite parking.

16. Allowances unless specifically noted in this proposal.

17. Seismic Engineering calculations and wind calculations.

18. Testing/Geotechnical services by others

19. Site water to be supplied by others.

C. CLARIFICATIONS:

1. This is a preliminary scope which is subject to change once engineering and design is complete.

2. Pricing subject to change once customized to customer specifications.

3. All work will be performed on straight time.

4. We reserve the right to amend the electrical subcontract by mutual agreement by both parties.

5. We are not responsible for late adds or scope revisions by other subcontractors that cause Rosendin to perform additional work.

6. Current OSHA and NFPA-70E (NEC) regulations do not permit us to perform work on energized electrical systems.

7. The current market is experiencing a high level of volatility in pricing for materials, including quoted and commodity materials. Prices are fluctuating daily, and the availability of some materials is in question. Pricing is based on current market costs and does not reflect or include any forecasted or increased tariffs, escalation and/or additional contingency costs of any kind. Substantial changes in commodities and/or manufacturing costs may be subject to request additional costs. We will re-evaluate this cost at the time of award and advise of the impact at that time.

8. Due to the volatility of the commodity market and supply chain, our pricing is only good for 30 days, and we will require a written commitment so that Rosendin can provide the same written commitment to its suppliers to hold pricing.

9. Lead times are subject to the timing of the PO issue, PO released, manufacturer load, and capabilities and can be affected throughout the submittal process.

10. Permits are by others

11. Payment Terms are 50% Down/50% Net 30

12. Warranty 12 months from commissioning

D. LEAD TIMES

1. 54 weeks manufacturing from date of release.

2. 4-6 Weeks shipping
206
207

1 CONSTRUCTION AGREEMENT

This Construction Agreement (“ Agreement”) is made and entered into this ____ day of ____, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Rosendin Electric, Inc., a California Corporation (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. In early 2023, the City circulated an Invitation for Bids on two occasions seeking contractors willing to undertake the construction of a shore power system, located at the Point Potrero Marine Terminal (the “Project”).

B. The City received no bids for the work.

C. Pursuant to the Richmond Municipal Code section 2.52.310(d)(7), the City may proceed without further compliance with competitive bidding requirements and has elected to negotiate with the Contractor to complete the Project.

D. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

208
2 Section 1.3 Payments.

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.

(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.

(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and 209
3 Contractor shall be responsible to the City for the procurement and maintenance thereof.

(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.

(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

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4 Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Pr oject there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements .

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within 211
5 ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the 212
6 Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.

Section 1.10 Security In Lieu of Retention.

(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of 213
7 the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
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8 _______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
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9 ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition to the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b
) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.

(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.

(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

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10 Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:

(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.

(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the 217
11 construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total cont ract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to 218
12 the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.
(c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.

2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall 219
13 constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100
th day after the earlier of (i)
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
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14 Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City s hall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Intere st.

(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.

(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and

(1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Charles Gerard

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15 With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

(2) if intended for Contractor shall
be addressed to:

Rosendin Electric, Inc.
880 Mabury Road
San Jose, CA 95133
Attn: Counsel

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
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16 Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together. 223
17 Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________
Its: __________________________________

CONTRACTOR:

Rosendin Electric, Inc.

By: _________________________________

Name: _________________________________
Its: _________________________________
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18 Exhibit A
Proposal

The Contractor shall complete the design of the high voltage shore connection (HVSC) system in conformance with the IEC/IEEE CDV 80005- 1 “Utility Connections in Port”. The system shall serve up to 6.5 MVA while a t 11 kV. This system shall in clude a vehi cle that can manage the cable as well as support plugging it into the vessel.

The Contractor shall complete this work for a total not to exceed value of $3,320,747. This work shall be completed in the three phases as described in Exh ibit A -1. The Contractor shall not commence work on any phase until it receives written approval from the City. The following summarizes the phases and associated costs:

1. Final Engineering $120,000

2. Shore Power Construction $2,149,197

3. Cable Management Equipment $1,051,550

The Contractor shall complete Final Engineering within 2 months of receiving notice to proceed.

Upon completion of the final e ngineering phase, the City and Contractor shall meet and conf irm the final costs associated with phases 2 and 3. The City notes that it may terminate the Agreement upon completion of phase 1. If so, the Contractor shall receive no additional payment other than the value authorized for the Final Engineering phase.

All work associated with this project shall be completed within 600 calendar days, unless otherwise allowed by the City.
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February 20, 2024

Economic Development

DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Nannette Beacham, Director of Economic Development
Charles Gerard, Port Director

SUBJECT:

Painting of 1322 and 1325 Canal Blvd.

FINANCIAL IMPACT: The proposed expenditure was approved in the Fiscal 2023-24 Port Budget ($285,000 Account String:
40163080 400642 36005).

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Port seeks approval of a construction agreement to
paint 1322 and 1325 Canal Blvd. at Point Potrero Marine Terminal, which is a regular maintenance activity.

RECOMMENDED ACTION:

APPROVE a construction agreement with Fresh Start
Painting, Co. in the amount of $107,500, for painting of 1322 and 1325 Canal Blvd., with a term ending June 30,
2024 (Charles Gerard 510-620-6792).

DISCUSSION:

The 1322 and 1325 Canal Blvd. is a building within the Point Potrero Marine Terminal.

It was constructed as part of Shipyard Number 3 during World War II to support the construction of Liberty and Victory Ships. In 2014, the Port completed the building’s renovation for use as its office and the remaining area was offered for rent. The AGENDA
REPORT
226

February 20, 2024
building’s exterior walls are composed of painted metal siding to remain consistent with historical preservation standards.

Due to the building’s location near the San Francisco Bay with a high salt presence in the air, the siding begins to corrode if not painted every 8 to 10 years. Currently, corrosion exists on the metal siding and windows. In addition, several of the metal letters on the building’s façade were damaged during last year’s storms. The Port seeks a vendor to remove corrosion, paint the building’s exterior, and replace seven damaged letters.

In November 2023, the Port advertised the project for public bid through the City’s Bids Online system. On December 5th, the Port held a pre-bid conference where 13 prospective bidders attended. On December 21, 2023, the Port received five proposals from the contractors listed below.

Contractor’s Name Location Bid Value
Primal Paint, Inc San Jose $164,000
Polychrome Construction Northridge $161,800
D&H Painting Rancho Cordova $150,998
Aidens Quality Painting Santa Clara $124,522
Fresh Start Painting Millbrae $107,500

Upon the staff’s review of the proposals, the lowest, responsive, and responsible bidder is Fresh Start Painting with a bid value of $107,500. Port staff seeks to award a construction agreement to Fresh Start Painting for a term ending June 30, 2024.

Once work commences, the project is expected to be completed within a timeframe of up to three months.

ENVIRONMENTAL REVIEW:

As this is repair work, the project is exempt from the California Environmental Quality Act.

DOCUMENTS ATTACHED:

Attachment 1 – Construction Agreement
Attachment 2 – 2023-12-21 Bid Assessment
Attachment 3 – City of Richmond Painting Bid
Attachment 4 – RE Painting Bid Clarification email
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1 CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Fresh Start Painting Co., a California Corporation (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. On November 20, 2023, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of painting of the Riggers Loft, located at the Point Potrero Marine Terminal (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

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2 Section 1.3 Payments.

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.

(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.

(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.

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3 (b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.

(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

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4 Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the 231
5 submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.

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6 Section 1.10 Security In Lieu of Retention.

(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. 233
7 (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
234
8 _______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
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9 ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.

(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.

(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

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10 Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:

(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.

(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the 237
11 construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to 238
12 the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.
(c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.

2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall 239
13 constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.
240
14 Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.

(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.

(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and

(1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Charles Gerard

241
15 With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

(2) if intended for Contractor shall be addressed to:

Fresh Start Painting
8 Seville Court
Millbrae, CA 94030
Attn: Dorris Koutantos

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
242
16 Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together. 243
17 Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________
Its: __________________________________

CONTRACTOR:

Fresh Start Painting Co.

By: _________________________________

Name: _________________________________
Its: _________________________________
244
18 Exhibit A
Proposal

245

RIGGERS LOFT PAINTING
BID DATE: 12.21.2023

BASE BID
Bid item Description Units Quantity Unit Price Bid Total Unit Price Bid Total Unit Price Bid Total 1 Painting 1 LS $125,000 $125,000 121,500.00$ 121,500.00$ 122,498.00$ 122,498.00$ 2 Letter 7 EA $3,000 $21,000 2,500.00$ 17,500.00$ 500.00$ 3,500.00$ 3 Adjustment of Contract Bid Items
and Extra Work Allowance (*) 1 ALLOW $25,000 $25,000 25,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ Total 171,000.00$ Total 164,000.00$ Total 150,998.00$ Stated as: 164,000.00$ Stated as: 150,998.00$
Primal Pain Inc D&H Painting
San Jose Rancho Cordova
164,000.00$ 150,998.00$ APPARENT LOW BID: FRESH START PAINTING
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247
248
249
250
251
252
253
254
255
256
From: [email protected]
To: Robert Stevens
Cc: "Charles Gerard"; "Lizeht Zepeda"; "Patrick McKenzie"; "Dorris Koutantos"; "Fresh Start Manoli" Subject: RE: Riggers Loft Painting Bid
Date: Friday, December 22, 2023 12:17:04 PM
Attachments: image004.png
image005.png
image006.png
image007.png
image008.png
Hello Mr. Stevens,

Our bid is $12,000 total all Seven Letters. My apologies for the Unit Price it should have been$1714.28 each.

The grand total is correct at $107,500.

Also, our License number is #1024821.

Thank you,
Regards,
Dorris Koutantos
Fresh Start Painting Co.
650-222-5329

From: Robert Stevens <[email protected]>
Sent: Friday, December 22, 2023 11:28 AM
To: [email protected]
Cc: Charles Gerard <[email protected]>; Lizeht Zepeda <[email protected]>; Patrick McKenzie <[email protected]>
Subject: Riggers Loft Painting Bid

Thank you for your bid for the Riggers Loft project. A copy of your proposal is shown below. In your proposal, the letter is listed with a unit price of “$12,000” each.

As there are seven of these letters, the bid item total should be $84,000 and not the “$12,000” listed. Thus, the total bid is $179,500 and not the “$107,500” as stated.

Please note the following as included in PP-3 of the Proposal Package. 257
Based on the above, the unit price for letter is $1,000 each and the total base bid value would be the stated value of $107,500. Please confirm your intent.

Also, can you confirm your contractor’s license number is 1024821 as it was not included in the proposal.

Thank you,

Robert

Robert Stevens, PE, TE
President
Berkeley Novato Pleasanton Redwood City Richmond Engineering ∙ Planning ∙ Land Surveying ∙ Landscape Architecture

direct: 925.523.4004 mobile: 415.533.1864
e-mail: [email protected]

258

February 20, 2024

Finance Department

DATE: February 20, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Andrea Miller, Director of Finance
Jerry Gurule, Accounting Manager
Subject:

Investment and Cash Balance Report and Monthly
Overtime Reports for the Month of December 2023
FINANCIAL IMPACT: There is no fiscal impact due to this agenda item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting that the City Council receive the City’s Investment and Cash Balance Report and Monthly
Overtime Reports for the month of December 2023.

RECOMMENDED ACTION:

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

DISCUSSION:

The Investment and Cash Balance Report is a monthly report of the City’s pooled cash balance. The Portfolio Management Report represents the monthly bank balances, along with market balances of permitted investments according to the City’s Investment Policy. Investment in the Local Agency Investment Fund (LAIF), money market, agency bonds, certificates of deposits, and corporate notes are all allowable and permitted according to the Investment Policy updated on October 17, 2023.

AGENDA
REPORT
259

February 20, 2024
DOCUMENTS ATTACHED:

Attachment 1 – Investment and Cash Balance Report for December 2023 Attachment 2 – Overtime Report for December 2023
Attachment 3 – Overtime Public Safety Report for December 2023 260
261
262
263
264
265
266
267
268
269
270
271
272

6. Overtime Report ( All Funds ) ( December 2023)
PERIOD 6, DECEMBER 2023
50% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
GENERAL FUND (summary)
400031 OVERTIME/General 1,725,650 3,836 1,729,486 1,054,043 675,443 61% 400032 OVERTIME/Sworn 9,282,969 9,282,969 5,726,720 3,556,249 62% TOTAL GENERAL FUND 11,008,619 11,012,455 6,780,763 4,231,692 62% Overtime By Department

CITY CLERK
Administration 20,000 20,000 11,836 8,164 59% Two staff required for every council meeting - three staff required while the city clerk was out on leave 9-1-23 to 10-31-23

COMMUNITY DEVELOPMENT -
General Plan Code Enforcement 20,000 20,000 3,007 16,993 15%

FINANCE -
General Accounting - 1,321 (1,321) - Short-staffed. A budget transfer will be completed.

Payroll - 45,674 (45,674) - Short-staffed. Budget will be added at mid-year.

Treasury/Cash Management - - Accounts Payable 600 600 258 342 43% Revenue Collection 5,000 5,000 2,174 2,826 43% Short-staffed.

TOTAL FINANCE 5,600 - 5,600 49,427 (43,827) 883%

HUMAN RESOURCES
Administration 386 (386) - A budget transfer will be done to cover the actual.

POLICE
Administration 490,227 490,227 220,984 269,243 45% CAD Dispatch System 680,625 680,625 375,756 304,869 55% New hire training RM System 4,000 4,000 637 3,363 16% Parking Enforcement 6,000 6,000 1,001 4,999 17% Sworn Administration 4,800,000 4,800,000 3,354,482 1,445,518 70% Short-staffed, and events have continued to pick-up post-pandemic.

TOTAL POLICE 5,980,852 - 5,980,852 3,952,859 2,027,993 66% FIRE
Administration 2,000 2,000 2,000 0% Suppression - - 46,472 (46,472) - 7 Personnel's OT is being charged to general OT object (400031) instead of sworn OT (400032). Contacted payroll to correct the account string.

Sworn Suppression 4,453,872 4,453,872 2,350,097 2,103,775 53% Vacancies, injury leave, vacation and comp time off Sworn Prevention 29,097 29,097 9,358 19,739 32% Sworn Training 12,782 (12,782) - 1 Battalion Chief's OT is being charged to Training instead of Suppression.

Contacted payroll to correct the account string.

273

6. Overtime Report ( All Funds ) ( December 2023)
50% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
TOTAL FIRE 4,484,969 - 4,484,969 2,418,709 2,066,260 54%

PUBLIC WORKS & ENGINEERING SVCS
Facility Maintenance Administration - 118 (118) Stationary Engineers 10,000 10,000 5,905 4,095 59% Stationary Engineers had after hours calls Building Services 3,000 3,000 1,829 1,171 61% Utility Sections 132,000 132,000 94,068 37,932 71% Weekend cleaning of the Aquatic centers, stripping and waxing of floors at community centers.

Electric 25,000 25,000 12,370 12,630 49% After hours emergency calls.

Parks & Landscape Admin 200,000 200,000 145,573 54,427 73% Tree work and extensive weed abatement in various locations that are open spaces and busy roadways.

Streets Administration 36,000 (30,000) 6,000 49 5,951 1% Street Sweeping 1,100 1,100 189 911 17% Pavement Maintenance 41,447 10,000 51,447 15,211 36,236 30% Traffic Signs & Lines 4,885 20,000 24,885 9,338 15,547 38% Equipment Services 8,000 8,000 15,567 (7,567) 195% To catch up on outstanding work, clerical and maintenance.

Abatement Services 27,000 27,000 22,050 4,950 82% Abatement staff had Dumpster Day work on the 15th, 22nd and 29th TOTAL PUBLIC WORKS 488,432 - 488,432 322,267 166,165 66%

LIBRARY
Library Administration - - 5,132 (5,132) #DIV/0! Admin support fo Deputy City Manager, Library Commission, and staffing shortages.

COMMUNITY SERVICES
Recreation Services/Cities of Service - 23 (23) - Tool Lending Library OT Recreation Administration 500 500 898 (398) - Administrative staff were tabling at several weekend and evening events in July.

Booker T Center 250 250 250 0% Nevin Center 1,000 864 1,864 1,864 (0) 100% Short-staffed during summer camp Shields Reid 37 37 161 (123) 430% Short staffed during summer camp Recreation Complex 1,000 1,000 941 59 94% Short-staffed.

Parchester Center 200 250 450 719 (269) 160% Short-staffed.

May Valley Center - 1,155 (1,155) - Short-staffed.

Recreation DPRC 500 250 750 369 381 49% Senior Center 300 300 300 0% Senior Center Annex 250 250 155 95 62% Staff participated in fireworks events.

Aquatics 2,028 972 3,000 4,122 (1,122) 137% Short-staffed.

Convention Center - 3,384 (3,384) 100% Increased rentals required staff overtime Plunge 2,200 1,000 3,200 3,351 (150) 105% Short-staffed.

TOTAL COMMUNITY SERVICES 7,766 3,836 11,602 17,141 (5,539) 148%

ECONOMIC DEVELOPMENT PROGRAM
Administration 1,000 1,000 1,000 0%

274

6. Overtime Report ( All Funds ) ( December 2023)
50% Threshold

ORIGINAL

BUDGET TRANSFERS REVISED
BUDGET
YTD

EXPENDED

AVAILABLE
BUDGET
PCT
TOTAL GENERAL FUND 11,008,619 3,836 11,012,455 6,780,763 4,231,692 62%

NON-GENERAL FUND
Overtime By Fund
1012 HILLTOP LANDSCAPE MAINT DIST 20,000 20,000 17,118 2,882 86% The Hilltop crew completed weed abatement around the lake and High Fire Zones
1015 MARINA BAY LNDSCP & LIGHT DIST 25,300 25,300 17,029 8,271 67% The Marina crew overtime was for the July 3rd and tree trimming/weed abatement
1018 RENT CONTROL 2,500 2,500 285 2,215 11% 1050 CR-PLANNING & BUILDING 9,500 3,000 12,500 1,369 11,131 11% 1055 ENCROACHMENT SVCS 8,000 8,000 9,651 (1,651) 121% To inspect services completed by PG&E and it corresponds with a permit and the funds should go back to that line
1205 EMPLOYMENT & TRAINING - 100% 4001 PORT OF RICHMOND 123 (123) #DIV/0! 4003 WASTEWATER 7,500 7,500 7,497 3 100% Admin staff worked overtime providing support to Department assisting with reconciling invoices, contracts, etc. in preparation of year-end close 4404 RHA-NEVIN PLAZA - 1,908 (1,908) - On-call services from tenants after hours and weekends. 4405 RHA-NYSTROM VILLAGE - 2,582 (2,582) - On-call services from tenants after hours and weekends. 5001 INSURANCE RESERVES - 285 (285) - TOTAL NON-GENERAL FUNDS 72,800 3,000 75,800 57,847 17,953 76%

275

6.b. Overtime Report ( Public Safety) (December 2023)
City of Richmond
Public Safety Sworn Overtime
Fund: 0001 - General Fund
Period 1 2 3 4 5 6 7 8 9 10 11 12 Average
Month July August September October November December January February March April May June YTD YTD Remaining Monthly Target % 8% 17% 25% 33% 42% 50% 58% 67% 75% 83% 92% 100% Total $ Total % Budget Expense

ORIGINAL
BUDGET

REVISED
BUDGET
FY2016-17 Overtime - Sworn 3,169,000 3,169,000 313,703 373,243 423,224 469,661 339,483 327,177 348,075 361,458 349,723 365,735 425,407 563,317 4,660,206 147.1% (1,491,206) 388,350.51 FY2017-18 Overtime - Sworn 3,169,000 3,169,000 569,194 440,670 445,282 459,402 452,278 396,762 322,524 497,979 455,202 554,449 509,368 466,567 5,569,677 175.8% (2,400,677) 464,139.77 FY2018-19 Overtime - Sworn 3,433,019 3,433,019 482,143 537,369 655,866 437,794 524,577 430,398 367,322 512,595 422,587 497,767 536,209 505,966 5,910,593 172.2% (2,477,574) 492,549.39 FY2019-20 Overtime - Sworn 5,000,000 4,800,000 473,963 469,392 491,205 509,931 449,751 473,935 390,897 498,501 501,383 479,696 560,031 439,159 5,737,844 119.5% (937,844) 478,153.64 FY2020-21 Overtime - Sworn 5,000,000 3,533,043 275,202 246,822 296,775 382,618 306,787 278,293 205,529 303,631 307,092 357,284 323,537 368,366 3,651,936 103.4% (118,893) 304,328.00 FY2021-22 Overtime - Sworn 5,165,434 5,165,434 358,067 389,828 472,454 417,698 322,193 301,011 240,070 323,173 309,207 327,424 301,721 360,540 4,123,386 79.8% 1,042,048 343,615.51 POLICEFY2022-23 Overtime - Sworn 5,165,435 4,800,000 365,627 345,212 390,077 354,865 370,205 401,964 394,652 472,091 442,662 397,356 436,869 382,792 4,754,372 99.0% 45,628 396,197.67 FY2023-24 Overtime - Sworn 4,800,000 4,800,000 487,105 925,716 477,693 462,417 470,347 531,204 3,354,482 69.9% 1,445,518 559,080.38 FY2016-17 Overtime - Sworn 2,486,914 2,486,914 268,353 267,582 178,894 164,200 149,136 147,981 227,796 267,960 182,993 246,898 233,383 316,924 2,652,102 106.6% (165,188) 221,008.47 FY2017-18 Overtime - Sworn 2,486,914 2,486,914 268,465 345,174 291,221 359,542 367,182 310,508 336,315 176,449 132,298 196,306 203,912 166,108 3,153,480 126.8% (666,566) 262,789.99 FY2018-19 Overtime - Sworn 2,509,914 2,509,914 257,785 245,946 179,272 171,370 219,937 204,997 261,780 216,596 196,343 310,702 220,368 275,966 2,761,062 110.0% (251,148) 230,088.48 FY2019-20 Overtime - Sworn 4,305,402 2,509,914 295,166 277,886 286,016 300,083 332,654 382,084 347,492 328,467 350,709 302,505 264,571 325,335 3,792,969 151.1% (1,283,055) 316,080.74 FY2020-21 Overtime - Sworn 4,305,402 3,193,165 398,678 380,282 417,982 393,922 267,819 345,928 341,403 305,081 172,961 261,923 263,518 286,039 3,835,537 120.1% (642,372) 319,628.08 FY2021-22 Overtime - Sworn 3,629,097 4,334,499 334,236 434,974 358,578 358,251 352,789 327,832 427,404 396,618 297,215 351,463 715,688 429,890 4,784,938 110.4% (450,439) 398,744.82 FIREFY2022-23 Overtime - Sworn 4,334,499 4,334,499 444,959 444,457 414,638 401,115 402,116 379,882 443,531 475,560 339,814 398,079 369,477 435,057 4,948,685 114.2% (614,186) 412,390.41 FY2023-24 Overtime - Sworn 4,482,969 4,482,969 524,969 473,094 348,296 346,854 363,759 315,266 2,372,237 52.9% 2,110,732 395,372.90 FY2023-24 TOTAL 9,282,969 9,282,969 1,012,073 1,398,810 825,989 809,271 834,106 846,470 - - - - - - 5,726,720 61.7% 3,556,249 2,863,359.83

BUDGET ACTUALS TOTAL

276

February 20, 2023

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:

Raftelis Workforce Analysis Update
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

Click or tap here to enter text.

STATEMENT OF THE
ISSUE:

Raftelis will provide a PowerPoint presentation to provide an update to City Council regarding the Workforce
Analysis as required by the State Auditor Corrective
Action Plan Item #6.

RECOMMENDED ACTION:

RECEIVE a report from Raftelis regarding an update on
the Workforce Analysis – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6606). This item was continued from the February 6, 2024, meeting.

DISCUSSION:

Rafetlis provided a PowerPoint to provide an update regarding the Workforce Analysis.

DOCUMENTS ATTACHED:

Attachment 1 - Raftelis PowerPoint
AGENDA
REPORT
277
City of
Richmond
Workforce Analysis:

Status Update and Overview
February 20, 2024
Photo courtesy of Benjamin Garcia (cropped - Flickr)
278

1. State Audit Recommendations

2. Overview of Workforce Analysis

3. Project Scope and Timeline

4. Citywide Staffing Overview

5. Workload vs. Work Planning

6. Prioritization

7. Preliminary Recommendations

8. Next Steps
2 Agenda
279
3 State Audit
• On April 4, 2022, the City of Richmond was notified by the State Auditor that they would be conducting an audit of the City as approved by the Joint Legislative Audit Committee on June 30, 2021.
• The State Auditor’s local audit program identifies and supports local government agencies that might be at high risk based upon analysis of a City’s audited financial statements. Richmond’s risk assessment began in February 2021 based upon the City’s June 2020 financial statements.
• The audit formalized eleven (11) recommendations to the City. The 6 th
recommendation pertained to conducting a Workforce Analyst to mitigate the costs of increasing salaries, the City should perform a workforce analysis by June 2024. • Based on the results of the analysis, the State recommended that the City Council should consider eliminating vacant positions that it deems no longer necessary.

Additionally, the City should assess its need for each vacant position before it seeks to fill the positions and eliminate any positions that it does not need. 280
4 Affordability Analysis in Progress
• Comfortable with 650 FTEs maximum until Workforce Analysis is completed
• Total of 753 budgeted FTEs for FY2024, of which 607 are General Fund
• FY2023-24 vacancy factor of 6% / $11.2M included in the adopted budget, which equates to 40 FTE
› $11.2M / $279,927 = 40 FTE
281
5 Overview
The City entered to a contract with Raftelis in May 2023 to conduct a Workforce Analysis. The purpose of the Workforce Analyst was to:
• Reassess the Size of the City Staff: Meet with Department Directors via the City Manager and Human Resources Director to assess staffing needs to determine if the department needs fewer additional staff than their vacancies would suggest. • Succession Planning and Vacancies: The City would like to take a measured approach to filling vacancies. By taking a measured approach to filling vacancies, this will allow the City time to determine whether any departments, including Police and Fire, should or could operate with a smaller staff. While taking a measured approach to filling vacancies there needs to be an analysis of potential retirements to determine proper succession planning.
• Department Analysis: Facilitate a variety of meetings between/among Department Directors to determine current workflow with the current staff in each division of each department to determine if the department is operating at optimum accuracy and efficiency. Produce a written document that summarizes this analysis with recommendations on workflow and staffing.
282
6 Project Scope
and Timeline
283
Project
Scope
7 • Reassess the size of City staff and
determine if vacant positions are needed
• Review succession planning and
recommend improvements
• Analyze department operations and
recommend improvements to workflow and
efficiency
284
8 BEGIN AND MANAGE

ENGAGEMENT

UNDERSTAND

CONTEXT

ANALYZE

STAFFING

PREPARE

PRELIMINARY

OBSERVATIONS &

RECOMMENDATIONS

PREPARE PROJECT
REPORT
Major Activities
• Hold kick-off
meeting
• Collect data and
documents
• Provide regular
status updates
Major Activities
• Interview City Council
• Meet with City
Directors
• Interview key staff
• Document key
processes
• Review documentation
• Prepare Service Level
Matrix
Major Activities
• Analyze staffing levels
• Develop succession
planning criteria
• Identify efficiency
opportunities
Major Activities
• Prepare preliminary
observations and
recommendations
• Conduct follow-up
research
Major Activities
• Update presentation to
City Council
• Prepare draft report
• Draft report reviewed
with City staff and
bargaining units
• Final report
presentation to City
Council
August - Conclusion September - October October - December November – January January - March Project Timeline
285
9 Raftelis’ Analysis
• High-level Citywide review; not scoped to do deep-dive in each department • City has limited data to inform workload and resourcing • Difficult to determine whether service level expectations are impacted most by vacancies, resource constraints, or both
• Raftelis’ approach leveraged our industry knowledge layered upon information from staff interviews, documents, and available data 286
Proposed Report Outline
• Citywide Staffing Overview
› Vacancies
› Overtime
› Response to State Auditor
• For each Department, we will show:
› Staffing Level History
› Core Service Matrix showing programs breakdown and staffing levels › Key Observations
› Staffing Recommendations
› Operational Recommendations
10 287
11 Citywide
Staffing Overview
288
12 City Context
0 200
400
600
800
1000
1200
$0.0
$50.0
$100.0
$150.0
$200.0
$250.0
FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 Authorized FTEs
Revenue in Millions
City Staffing and Revenue
2005 - Present
GF Revenue (Inflation Adjusted) Authorized FTEs
289
13 Vacancies
• Average number
of vacancies and
average vacancy
rate by department
or division from
2022-24
Department/Division
Average
FTEs
Vacant
Average
Vacancy
Rate
POLICE 50.0 23.1%
PUBLIC WORKS 18.5 9.2%
FIRE 12.1 12.2%
COMMUNITY SERVICES (Employment & Training) 8.9 37.2%
FINANCE 7.1 17.1%
COMMUNITY DEVELOPMENT 6.7 15.6%
COMMUNITY SERVICES (Library) 6.7 20.8%
COMMUNITY SERVICES (Office of Neighborhood Safety) 6.1 39.3% CITY ATTORNEY'S OFFICE 4.2 27.3%
HUMAN RESOURCES 2.6 19.4%
ECONOMIC DEVELOPMENT (Arts & Culture, Environmental Health, Real Estate, and Port) 2.6 14.0%
COMMUNITY SERVICES (Recreation) 2.5 7.5%
INFORMATION TECHNOLOGY 1.9 8.9%
RICHMOND HOUSING AUTHORITY 1.6 21.7%
RENT CONTROL 1.0 8.0%
CITY MANAGER'S OFFICE 0.9 17.6%
DEPARTMENT OF CHILDREN AND YOUTH 0.7 25.5%
CITY COUNCIL 0.7 9.5%
COMMUNITY SERVICES (Administration, Social Services, and Transportation) 0.3 5.6% MAYOR'S OFFICE - 0.0%
CITY CLERK'S OFFICE - 0.0%
GRAND TOTAL ALL DEPARTMENTS 135.0 17.0%
290
14 Vacancies
FY24 Authorized
Positions =
753 FTEs
January 2024 Vacancies =
119 positions
(16%)
• The City has been operating at 83% staffing for the past three years • Filling vacancies is a top priority
• Progress made in last year, positions being filled more quickly • Many positive comments about Human Resources improvements 291
15 Overtime
116,260
138,165 144,209
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
2021 2022 2023 (Prorated)
Total Overtime Hours Citywide
288
318 335
-
50 100
150
200
250
300
350
400
2021 2022 2023 (Prorated)
Average Overtime Hours per Employee Citywide
• Average Overtime use from FY21-23 averages to approximately 63.7 FTEs • Almost half of the vacancies
• Top department overtime users:
• Fire Department (61,305 hours or 29.4 FTEs)
• Police Department (57,720 hours or 27.7 FTEs)
• Public Works Parks Division (5,827 hours or 2.8 FTEs) 292
16 Workload
vs.

Work Planning
293
Most staff time is already pre-
programmed for day-to-day
operations.

There is limited capacity for
new programs and initiatives.
294
Mandates
What is the City legally
obligated to do?
Community
What service level
expectations have been
set for residents over
time?
Council Priorities
How is the work of staff
advancing policy
priorities?
City Growth
What is the change in
the population of
customers served?
Workload
Drivers
What drivers increase or change
workload?
18 295
Work Planning
Process of defining how to
meet City Council goals.
19 Resource
Allocation
Timeline
Development
Task
Identification
296
20 Prioritization
297
Priority Setting
• Guidance – with limited financial resources
what should be our focus?
• Policy decision – is it better to do a lot of
things “okay” or focus on fewer things and do
them “really well”?
• Fiscal equity – what is appropriate for
taxpayers to fund versus individual users?
• We recommend starting with specific criteria
against which to rank individual programs and
services to focus the discussion
298
22 Core Service Level Matrix
• Subjective ranking system to begin to prioritize programs and services › There is no “right” answer
• Raftelis ranked City programs and services using six criteria:

1. Is this service or program mandated at the local, state, or federal level?

2. Is this service or program necessary for life safety?

3. Does this service or program preserve existing City assets or infrastructure?

4. Does this service or program provide direct service to the public?

5. Does this service or program support City Council goals or the strategic plan?

6. How many customers does this program serve?
299
23 Core Service Levels Matrix Results
Department Ranking
Fire 3.2
Public Works 2.8
Community Development 2.7
Police 2.6
Community Services 2.5
Executive Offices* 2.3
Economic Development 2.1
Internal Services** 1.8
• Raftelis team ranked each
criterion on a scale from 1 (low)
to 5 (high)
• Results slightly atypical; police is
usually at the top
• Impacted by City Council’s
goals
*Executive Offices = City Manager’s Office, Mayor’s Office, City Attorney’s Office, and City Clerk’s Office **Internal Services = Human Resources, Information Technology, and Finance 300
24 Preliminary
Recommendations
301
25 Response to the State Auditor
• Current staffing levels do not support current service level expectations › Heavy reliance on overtime to meet certain core services due to vacancy levels – As noted earlier, primarily in Fire, Police, and Public Works • Meeting current service level expectations and Council goals requires additional authorized staff
• To provide best practice service for the current menu of programs and services, the City needs additional positions beyond filling the existing vacancies • Financial analysis is required to determine what level of staffing the City can afford
• Fill vacancies first and then add staff only as ongoing revenue growth can support the positions
• Critical not to use one-time funds for ongoing staff positions 302
Looking Ahead…
• City’s ability to provide service is rooted in two paths:

1. Limited Revenue Growth = Reallocate Existing Resources Improve service quality by prioritizing services and programs and reallocating limited financial resources, or

2. Growing Revenues = Consider Adding New Programs
Address community needs and Council priorities with augmented staffing and outside contractor use
26 303
Reallocate Existing Resources
• Fill vacancies in core service areas first
› Police, Fire, Public Works
• Increase investment in technology to streamline internal business process efficiency and data to drive decision-making
• Decrease general fund investment in programs serving fewer residents in favor of grants, cost recovery, and non-profit sector • While the City’s unassigned General Fund reserves are increasing, current-period (annual budget) resources remain limited › Some of the increase in reserves may be the result of salary savings and not “real” revenue growth
› Invest in those areas that will pay off in the future 27 304
Grow Revenues
• Increase investment in economic development to grow future revenues and local job opportunities
• Increase investment in public safety (fire and police) • Increase service levels related to property safety and quality of life issues
• Safety is an economic development investment;
businesses need assurance of safety to settle in a
community
• Increase investment in code enforcement to improve
community safety and aesthetics
28 305
• Finalize draft report
• Review with staff to ensure
accuracy
• Provide final report by end of March
• Ensure City Council Goals and
Workforce Analysis align
29 Next Steps
306
Contact:

Rebekka Hosken, Project Manager
818.632.4086 / [email protected]
Thank you!
307