Richmond City Council
March 19, 2024

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, March 19, 2024, 4:30 p.m.

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

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

***REGISTER TO VOTE HERE!!***
https://registertovote.ca.gov/

Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings

Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx

HOW TO WATCH THE MEETING FROM HOME:

KCRT – Comcast Channel 28 or AT&T Uverse Channel 991.

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:
https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhlUldQOUF1Zz09

Passcode: ccmeeting

By iPhone one-tap: US: +16699006833,,99312205643# or +13462487799,,99312205643# By Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592

Webinar ID: 993 1220 5643

International numbers available: https://zoom.us/u/aehrwCgISx

To comment by video conference: click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. When called upon, press the unmute button. After the allotted time, you will then be re-muted. **

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.

3-19-24 cc mtg.
2 Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

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.

Via email: to [email protected] by 1:00 p.m. the day of the meeting.

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 3-19-24 cc mtg.
3 aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

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

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

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

Pages
3-19-24 cc mtg.
4 A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION 4:30 p.m.

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

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

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

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
C.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Clerk•
Title: City Attorney•
C.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) • Two cases
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 3-19-24 cc mtg.
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 4th Amendment to the Legal Services Agreement with Orbach Huff & Henderson, LLP
12 APPROVE a fourth amendment to the Orbach Huff & Henderson, LLP Legal Services Agreement (LSA) in the amount of $100,000, for a total contract amount of $570,000, to continue representing the City in police/tort cases with a term ending on June 30, 2025 – City Attorney’s Office (Dave Aleshire/Shannon Moore 510-620-6509).

O.1.b Legal Services Agreement with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP
50 APPROVE a Legal Services Agreement with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP for a total amount not to exceed of $100,000, for a term beginning July 1, 2023, to June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6505).
3-19-24 cc mtg.
6 O.2 City Clerk's Office
O.2.a City Council Meeting Minutes 75
APPROVE the minutes of the February 20 and February 27, 2024, regular City Council meetings - City Clerk's Office (Pamela Christian 510-620-6513).

O.3 City Council
O.3.a Prevent Nepotism During the Appointment Process for Richmond Boards, Commissions, Committees, and Task Forces, and City Hiring and Employment.
93 DIRECT the City Attorney’s Office to draft and for staff to implement a City policy preventing City Council Members from appointing family members to Richmond boards, commissions, committees, and task forces - Councilmember Cesar Zepeda (510-620-6593) and Vice Mayor Claudia Jimenez (510-620-6565).

O.4 Community Development
O.4.a Metrowalk Phase 2 AHSC Resolution - Round 7 99
ADOPT a resolution authorizing final receipt of State Department of Housing and Community Development (HCD) Affordable Housing and Sustainable Communities Program (AHSC) funds for the Metrowalk Phase 2 Housing Project and designating the city manager or designee to execute the necessary agreements with HCD and BART to complete the project components with grant funds – Community Development Department (Lina Velasco 510-620- 6841).

O.4.b TCC Implementation Technical Assistance Grant Agreement with the State of California and Sole Source Contract with Placeworks, Inc 128
AUTHORIZE the mayor to execute the Implementation Technical Assistance Grant Agreement with the State of California - Office of Planning and Research (OPR) and the California Strategic Growth Council (SGC) to provide the City of Richmond with funding to retain technical assistance providers; APPROPRIATE $150,000 in Transformative Climate Communities (TCC) grant funds; and APPROVE a sole-source contract with Placeworks, Inc., for a total amount of $150,000, to provide technical assistance support to advance the implementation of TCC Richmond Rising Project, with a term beginning April 1, 2024, through June 30, 2025 – Community Development Department (Lina Velasco/Beatriz Guerrero 510-620- 5450).
3-19-24 cc mtg.
7 O.4.c Equitable Public Land Disposition Policy 211
ADOPT a resolution establishing the Equitable Public Land Disposition Policy - Community Development Department (Lina Velasco/Kaitlyn Quackenbush 510-620-6841). This item was continued from the March 5, 2024, meeting.

O.4.d Amendment No. 1 to Contract with Safe Organized Spaces (SOS) 276 APPROVE an Amendment No. 1 to the contract with Safe Organized Spaces to extend the contract term through June 30, 2025, and increasing the contract amount by $1,463,415.23, for a total contact amount not to exceed $2,202,108.82, to provide encampment support services, including outreach, showers, laundry services, and job opportunities for unhoused residents – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

O.5 Finance Department
O.5.a Quarterly Garbage Liens 358
ADOPT a resolution authorizing placement of liens and special assessments for unpaid garbage collection service fees on Contra Costa County’s property tax records – Finance Department (Andrea Miller/Mubeen Qader 510-620-6740/Antonio Banuelos 510-620- 6741).

O.5.b Investment and Cash Balance Report and Monthly Overtime Reports for the Month of January 2024
462
RECEIVE the City’s Investment and Cash Balance Report and Monthly Overtime Reports for the month of January 2024 – Finance Department (Andrea Miller 510-620-6740).

O.5.c American Rescue Plan Act (ARPA) Allocation Amendment 477 APPROVE a transfer of expenses in the amount of $731,847.85 between American Rescue Plan Act (ARPA) funds and Wastewater funds to correct an inadvertent allocation of ARPA funds for the North Richmond Pump Station emergency repair project made prior to the allowable ARPA project reimbursement date of March 3, 2021 – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510-412-2077).
3-19-24 cc mtg.
8 O.6 Fire Department
O.6.a Approve a Standing Purchase Order with Municipal Emergency Services (MES) to Purchase Firefighting Equipment and Personal Protective Equipment
482
APPROVE two standing purchase orders with Municipal Emergency Services (MES) in a total amount not to exceed $400,000 using: (a) RFP 1910/Contract # PS20040 Master Price Agreement publicly solicited by National Purchasing Partners, Government Division, to purchase firefighting equipment in an amount not to exceed $200,000, for a two-year term ending March 23, 2026, with a two- year extension option not to exceed an additional $200,000 for the extended term; and (b) using RFP 1915/Contract # PS20070 Master Price Agreement to purchase firefighter personal protective equipment in an amount not to exceed $200,000, for a two-year term ending March 23, 2026, with a two-year extension option not to exceed an additional $200,000 for the extended term – Fire Department (Interim Fire Chief Michael E. Smith 510-307-8041/Aaron Osorio 510-307-8021).

O.7 Human Resources
O.7.a Amend Staffing (Position Control) and Appropriate Funds as Required
718
ADOPT a resolution amending position control to add a Finance Manager II to the Finance Department, a Senior Planner for the Community Development Department, and an Office Assistant for the Human Resources Department; and APPROPRIATE associated
salaries, wages, and benefits as required – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510-620-6602).

O.8 Library and Community Services
O.8.a Accept and Appropriate $139,204 in Grant Funds from the California State Library to Provide English as a Second Language Services 723
ADOPT a resolution to ACCEPT and APPROPRIATE the California State Library grant award of $139,204 for English as a Second Language educational services; and AUTHORIZE the city manager or their designee to execute the grant agreement – Community Services Department (Kate Eppler 510-620-5452/Abigail Sims-Evelyn 510-307-8082).
3-19-24 cc mtg.
9 O.8.b Land Use Agreement for Weekly Farmer’s Market on Civic Center Plaza
767
APPROVE a temporary Land Use Agreement between the City of Richmond and the Richmond Certified Farmers’ Market Association for the free use of Civic Center Plaza between Macdonald Avenue and Nevin Avenue in front of the Richmond Main Library to host a weekly farmers’ market on Fridays, effective April 5, 2024, and ending March 31, 2026, or earlier if the market must move due to the Richmond Main Library renovation project – Community Services Department (LaShonda White 510-620-6828).

O.9 Mayor's Office
O.9.a Community Police Review Commission Appointment 792 APPOINT Carmen Martinez to the Community Police Review
Commission with a term that expires November 1, 2027 - Mayor’s Office (Mayor Eduardo Martinez 510-620-6502)
O.9.b Reducing the Reimaging Public Safety Community Task Force from 21 to 14 members
795
APPROVE the reduction of Reimaging Public Safety Task Force from 21 to 14 members.

O.10 Public Works
O.10.a Amendment to NEMA Construction On-Call Construction Contract 800 APPROVE Amendment 2 to the construction agreement with NEMA Construction in the amount of $150,000, for a new total not to exceed amount of $1,650,000, and for a term ending September 30, 2025 – Public Works Department (Daniel Chavarria 510-620-5478).

O.10.b Contract Award to Stommel, Inc., dba LEHR, for Outfitting of Emergency Vehicles
836
APPROVE a contract with Stommel, Inc., dba LEHR, for the outfitting of emergency vehicles, for a term from March 1, 2024, to June 30, 2027, in an amount not to exceed $1,500,000 – Public Works Department/Police Department (Daniel Chavarria 510-620- 5478/Captain Eric Smith 510-621-1802).

P. NEW BUSINESS
P.1 Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
914
INTRODUCE an ordinance (first reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – City Attorney's Office/Finance Department (Dave Aleshire 510-620-6509/Andrea Miller, Mubeen Qader, Antonio Banuelos 510-620-6741). This item was continued from the February 27, 2024, and March 5, 2024, meetings. 3-19-24 cc mtg.
10 P.2 Proposed Developer Impact Fees Adjustments for a Revised Master Fee Schedule
938
RECEIVE a presentation from the Finance Department and Willdan Financial Services on the proposed updates to the Developer Impact Fees in the Master Fee Schedule – Finance Department (Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741). This item was continued from the March 5, 2024, meeting.

P.3 Richmond Parks Assessment of Soccer Fields 1086
RECEIVE a presentation on the draft Soccer Field and Park Amenities Assessment prepared by CSW|ST2 – Public Works (Daniel Chavarria/Tawfic Halaby 510-620-5482). This item was continued from March 5, 2024.

Q. ADJOURNMENT
________________________
3-19-24 cc mtg.
11

March 19, 2024

City Attorney's Office

DATE: March 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

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

Subject:

4th Amendment to the Legal Services Agreement with
Orbach Huff & Henderson, LLP
FINANCIAL IMPACT: This amendment will add $100,000 for a total amount not to exceed $570,000. This agreement is charged to the
Risk Management General Liability Fund 50182316-
400554.

PREVIOUS COUNCIL
ACTION:

December 22, 2020, October 5, 2021; May 17, 2022; and
June 30, 2023.

STATEMENT OF THE
ISSUE:

Additional funds are needed to ensure that the City has the appropriate legal representation for police/tort cases.

RECOMMENDED ACTION:

APPROVE a fourth amendment to the Orbach Huff &
Henderson, LLP Legal Services Agreement (LSA) in the
amount of $100,000, for a total contract amount of
$570,000, to continue representing the City in police/tort cases with a term ending on June 30, 2025 – City
Attorney’s Office (Dave Aleshire/Shannon Moore 510-
620-6509).

AGENDA
REPORT
12

March 19, 2024
DISCUSSION:

Orbach Huff & Henderson, LLP (“Orbach Huff’) currently provides special counsel services defending the City in civil rights and law enforcement liability litigation. Orbach Huff has been representing the City in these types of lawsuits since 2020. They currently are handling five active lawsuits and are also on the City Attorney’s Office’s approved 2018 Request for Qualifications (RFQ). Rates for Orbach Huff partners are $295 per hour, associates $255 per hour and paralegals are $135 per hour.

DOCUMENTS ATTACHED:

Attachment 1 – Orbach Huff & Henderson, LLP LSA
Attachment 2 – Orbach Huff LSA, First Amendment
Attachment 3 – Orbach Huff LSA, Second Amendment
Attachment 4 – Orbach Huff LSA, Third Amendment
Attachment 5 – Orbach Huff LSA, Fourth Amendment (proposed)

13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 First Amendment to Agreement for Legal Services A-1

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ORBACH HUFF & HENDERSON LLP

This First Amendment to the A greement for Legal Services is entered into by the City of Richmond (“City ”) and ORBACH HUFF & HENDERSON LLP (Formerly known as Orbach Huff Suarez & Henderson LLP) (“Special Counsel”) with reference to the following facts:

RECITALS

WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City in connection with pending and future police tort litigation; and

WHEREAS, the City now desires for Special Counsel t o continue its representation of the City and to inc rease the compensation limi t by One Hundred Twenty Thousand Dollars ($120,000); and

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

NOW, THE REFORE, in consideration of the recitals her eof, 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:

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 First Amendment.

2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.

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

[Signatures on following page]

DocuSign Envelope ID: C56606DA-A5EC-40E5-9079-299FF2AA69BF 36 First Amendment to Agreement for Legal Services A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written below.

C

ITY OF RICHMOND ORBACH HUFF & HENDERSON
LLP
________________________
By __________________________
Mayor
Title _________________________
D
ate: ___________________ Date: ________________________ A
ttest:

B
y: _____________________
City Clerk
A
pproved as to form:

B
y: _____________________
City Attorney
October 8, 2021
Kevin Gilbert, Partner
DocuSign Envelope ID: C56606DA-A5EC-40E5-9079-299FF2AA69BF 11/9/2021
37 First Amendment to Agreement for Legal Services A-3
Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall represent and defend the City of Richmond in pending and future police tort litigation.

(City’s Contact Attorney: Shannon L. Moore, Sr. Assistant City Attorney)

Schedule of Fees & Charges:

Hourly Rates

PARTNER(S) $295/hour
ASSOCIATE(S) $255/hour
PARALEGAL(S) $135/hour

Compensation:

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Two Hundred Twenty Thousand Dollars ($220,000).

DocuSign Envelope ID: C56606DA-A5EC-40E5-9079-299FF2AA69BF 38 39
40 41
42 43
44 45

Fourth Amendment to Agreement for Legal Services A-1

FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES

BETWEEN

THE CITY OF RICHMOND
AND

ORBACH HUFF & HENDERSON, LLP

This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and ORBACH HUFF & HENDERSON, LLP (“Special Counsel”) (the "Fourth Amendment") is entered into as of March 19, 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 September 1st, 2020 for $100,000.00 for representation of the City and City-related entities; and

WHEREAS, the City and Special Counsel entered into the First Amendment of the Original Agreement to increase the compensation by $120,000 on October 5, 2021; and

WHEREAS, the City and Special Counsel entered into a Second Amendment of the Original Agreement to extend the term to June 30, 2023 and to increase the compensation by $125,000 on May 17, 2022; and

WHEREAS, the City and Special Counsel entered into a Third Amendment of the Original Agreement to extend the term to June 30, 2024 and to increase the compensation by $125,000 on June 20, 2023; and

WHEREAS, the City now desires for Special Counsel to continue its re presentation of the City to extend the term and increase the compensation; and

WHEREAS, the City now desires for Special Counsel to continue its representation of the City to extend the term to Jun e 30, 202 5 and to increase the compensation by $100,000.00; and

WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Fourth 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:

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 Fourth Amendment.

2. Effect of Fourth Amendment. Except as provided in this Fourth Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this 46 Fourth Amendment to Agreement for Legal Services A-2 Fourth Amendment increases the compensation limit by One Hundred Thousand Dollars ($100,000.00).

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

[Signatures on following page]

47 Fourth Amendment to Agreement for Legal Services A-3 IN WITNESS WHEREOF , the City and Special C ounsel hav e caused t his Fourth Amendment to be effective as of the last date written above.

CITY OF RICHMOND ORBACH HUFF & HENDERSON, LLP

________________________ By __________________________ Mayor
Title _________________________

Attest:

By: _____________________
City Clerk

Approved as to form:

By: _____________________
City Attorney
48 Fourth Amendment to Agreement for Legal Services A-4 Attachment 1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall represent and defend the City of Richmond in pending and future police tort litigation.

(City of Richmond Contact Attorney: Kimberly Chin, Senior Assistant City Attorney)

Schedule of Fees & Charges:

Hourly Rates

PARTNER(S) $295/hour
ASSOCIATE(S) $255/hour
PARALEGAL(S) $135/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 Five Hundred Seventy Thousand Dollars ($570,000) for attorneys’ fees and reimbursements.

49

March 19, 2024

City Attorney's Office

DATE: March 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Shannon Moore, Chief Assistant City Attorney
Kimberly Chin, Senior Assistant City Attorney
Subject:

Legal Services Agreement with McNamara, Ambacher,
Wheeler, Hirsig & Gray, LLP
FINANCIAL IMPACT: This contract will be for a total amount not to exceed $100,000 with term ending June 30, 2025. This
agreement is charged to the Risk Management General
Liability Fund 50182316-400554.

PREVIOUS COUNCIL
ACTION:

March 2, 2021 , October 5, 2021 , May 17, 2022 , and
September 13, 2022.

STATEMENT OF THE
ISSUE:

A legal services agreement with McNamara, Ambacher,
Wheeler, Hirsig & Gray LLP is needed to ensure that the City has the appropriate legal representation in pending and future police tort litigation matters.

RECOMMENDED ACTION:

APPROVE a Legal Services Agreement with McNamara,
Ambacher, Wheeler, Hirsig & Gray, LLP for a total
amount not to exceed of $100,000, for a term beginning
July 1, 2023, to June 30, 2025 – City Attorney’s Office (Shannon Moore 510-620-6505).

DISCUSSION:

McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP (formerly McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP) currently represents the City in several police tort lawsuits. As the City Attorney’s office works to review and reduce outside counsel costs, it is appropriate to continue to work with this firm. As noted above, the firm has had AGENDA
REPORT
50

March 19, 2024

good success and is in the middle of working on other matters. At this juncture, changing companies would be both time-consuming and financially imprudent.

Due to an administrative error, the contract with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP expired on June 30, 2023; therefore, the City Attorney’s Office is requesting that the City enter into a new contract with McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP for a total contract amount of $100,000, for a contract term of July 1, 2023 to June 30, 2025.

DOCUMENTS ATTACHED:

Attachment 1 – Legal Services Agreement with McNamara Law (proposed)

51 1
DocID #13663v1

LEGAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF RICHMOND
AND

MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP

PREAMBLE

This legal services agreement (“Agreement”) is made and entered into on this 1st day of July, 2023 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principa l place of business located at 4 50 Civic Center Plaza, Richmond, California 94804 and MCNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at 3480 BUSKIRK AVE., STE. 250, PLEASANT HILL, CA 94523. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS

The following recitals are as follows:

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

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

AGREEMENT PROVISIONS

The Parties agree as follows:

1. RETENTION OF FIRM.

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

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

C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from 52 2
DocID #13663v1
time to time under the terms and conditions of this Agreement.

2. DESCRIPTION OF SERVICES TO BE PROVIDED.

[See “Scope of Work” in Exhibit A].

3. TERM OF AGREEMENT.

The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2025, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.

4. ASSIGNMENT OF DUTIES.

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

5. PUBLIC FUNDING.

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

6. PAYMENT FOR SERVICE.

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

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

Exhibit A may be amended from time to time by letter agreement duly signed and 53 3
DocID #13663v1
approved by the City Attorney.

7. BILLING INVOICES.

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

8. PROJECT PLAN AND BUDGET AND RESERVES.

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

9. LITIGATION GUIDELINES.

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

10. BILLING.

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

11. STATUS REPORTS.

Special Counsel shall, every thirty (30) days, submit via electronic mail a written update setting forth a summary of activities performed on behalf of City during the preceding month, the current status of each pending matter, results obtained or expected to be obtained, a summary of invoices for the preceding month and other information relating to the services rendered as City may reasonably request. The update should be emailed to 54 4
DocID #13663v1
the City Attorney with a copy to the Risk Manager and CJPRMA, if applicable. Please keep the status reports brief and spend no more than one (1) hour billing for your time.

Please also attach any referenced filings to your status report.

12. TERMINATION.

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

13. CONFLICTS OF INTEREST.

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

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

14. ASSIGNMENTS AND SUCCESSORS IN INTEREST.

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

15. AUDITS, RECORDS, AND DOCUMENTATION.

A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is 55 5
DocID #13663v1
paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.

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

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

16. NON-DISCRIMINATION.

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

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

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

17. HOLD HARMLESS/INDEMNIFICATION.

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

18. INSURANCE REQUIREMENTS.
56 6
DocID #13663v1

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

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

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

19. CONFIDENTIALITY AND MEDIA STATEMENTS.

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

20. AMENDMENTS.

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

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

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

22. NOTICES.

All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected], 57 7
DocID #13663v1
[email protected], [email protected], and to Special Counsel at its principal place of business listed on page one of this Agreement.

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

23. LAW GOVERNING AGREEMENT.

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

24. INVALID PROVISIONS.

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

25. LICENSE REQUIREMENTS.

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

26. SANCTUARY CITY CONTRACTING ORDINANCE COMPLIANCE
STATEMENT.

Contractor agrees to comply with the provisions of the Richmond Sanctuary City Contracting Ordinance (SCCO, Ordinance No. 12-18). Contractor must submit the Sanctuary City Compliance Statement included herein as Exhibit F along with the bid or proposal prior to execution of the contract.
58 8
DocID #13663v1

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

MCNAMARA, AMBACHER,

WHEELER, HIRSIG & GRAY LLP

By:_______________________________

Title:_____________________________

CITY OF RICHMOND

____________________________
Mayor

Name:______________________

APPROVED AS TO FORM:

__________________________
City Attorney

ATTEST:

__________________________
City Clerk
59 Exhibit A

9 DocID #13663v1

SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES

Scope of work:

Special Counsel shall represent and defend the City of Richmond in pending and future police tort litigation.

City of Richmond Contact Attorney: Kimberly Chin, Senior Assistant City Attorney

Schedule of Fees & Charges:

Hourly Rates

PARTNER(S) $230/hour
ASSOCIATE(S) $200/hour
PARALEGAL(S) $95 /hour

COMPENSATION

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

Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Hundred Thousand Dollars ($100,000) for attorneys’ fees and reimbursements. 60 Exhibit B

10 DocID #13663v1

BILLING PROTOCOLS/GUIDELINES

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

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

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

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

61 Exhibit B

11 DocID #13663v1
II. BILLING GUIDELINES

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

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

12 DocID #13663v1
j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.

III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
 Actual printing costs;
 Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
 Actual cost of postage (including express mail delivery charges);  Facsimile charges at the rate of $0.25 per page;
 Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
 Actual cost of long distance telephone calls;
 Transcription and reporter's fees; and
 Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy. 63 Exhibit B

13 DocID #13663v1
b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities. 64 Exhibit C

14 DocID #13663v1

PROJECT PLAN AND BUDGET

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

15 DocID #13663v1
h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement. 66 Exhibit D

16 DocID #13663v1
California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.

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

In addition, the CJPRMA Board of Dir ectors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the memb er agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offe rs within one week of the time the offer is made or the demand is received. 67 Exhibit D

17 DocID #13663v1
5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi -page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.

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

68 Exhibit E

18 DocID #13663v1

LITIGATION GUIDELINES

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

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

69 Exhibit F

19 DocID #13663v1

SANCTUARY CITY COMPLIANCE STATEMENT

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

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

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

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

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

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

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at _________ , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)
70 Exhibit G
20 DocID #13663v1

City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

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

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

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

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

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

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

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

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
71 Exhibit G
21 DocID #13663v1
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
72 Exhibit G
22 DocID #13663v1

City of Richmond - Insurance Requirements - Type 2:

Professional Services

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies. 73 Exhibit G
23 DocID #13663v1

City of Richmond - Insurance Requirements - Type 2:

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

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

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

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

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

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

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable 74 cc20Dec2024 – ud/prc

RICHMOND, CALIFORNIA,

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

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:03 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

Present: Councilmembers Gayle McLaughlin, Doria Robinson, Cesar Zepeda, Vice Mayor Claudia Jimenez and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana arrived at 4:09 p.m., after the roll was called. Councilmember Melvin Willis arrived after council adjourned to closed session.

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 EV ALUATION (Government Code Section 54957)
 Title: City Attorney
C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor and Jack HughesEmployee organization: IAFF Local 188
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
David Helvarg gave comments in person regarding Pt. Molate.

Sally Tobin and Jim Hanson gave comments via teleconference regarding Pt. Molate. 75 cc20Dec2024 – ud/prc

E. ADJOURN TO CLOSED SESSION
The Open Session adjourned to Closed Session at 4:11 p.m. Closed Session adjourned at 6:29 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:36 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, Cesar Zepeda, Vice Mayor Claudia Jimenez, and Mayor Eduardo Martinez.

Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Item P.3. - (Regional Hospital Update Presentation for Alta Bates Summit Medical Center) was moved up to be heard as the first item under New Business.

Item O.3.a. - (Development of Richmond Legislative Platform) was tabled.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) · 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 Status report was given. No reportable action was taken.

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
Status report was given. No reportable action was taken.

C.3 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
· Title: City Attorney
Not discussed.

C.4 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
· Agency Representatives: Sharrone Taylor and Jack Hughes Employee organization: IAFF Local 188
76 cc20Dec2024 – ud/prc

Status report was given. Directions were given to city negotiators.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl announced the following: Remembering Mayor Irma Anderson was scheduled for Thursday, February 29, 2024, from 4:00 p.m. to 7:00 p.m. at the Richmond Memorial Auditorium; 2023 City-wide Accomplishments; CalTrans Spring Job Fair was scheduled for Wednesday; February 21, 2024, from 10:00 a.m. to 2:00 p.m. at 111 Grand Avenue Oakland, CA; Love Your Block Mini Grant Application were available at www.richmondloveyourblock.org application acceptance period would close on Friday, February 23, 2024; Family Fun and Literacy at LEAP was scheduled for Friday, February 23, 2024, from 10:00 a.m. to 3:00 p.m. at 440 Civic Center Plaza; Richmond Community Clean-Up was scheduled for Wednesday, February 24, 2024, from 10:00 a.m. to 1:00 p.m. at the Richmond Recreation Complex; Black History Celebration was scheduled for Saturday, February 24, 2024, from 1:00 p.m. to 3:00 p.m. at the Richmond Memorial Auditorium.

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 Willis reported that residents received 10-day notices at the St. John's Apartments, however no evictions were planned. An emergency meeting was held with the Richmond Rent Program and residents were connected with emergency counseling services and referrals to various services.

Councilmember Bana reported that she attended a Braver Angels meeting regarding how to start a non-polarizing process.

Councilmember Zepeda reported the following: attended one of Mayor Irma Anderson's memorial; went to the city of Concord to meet with individuals from a green tech company, Glideways who were interested in establishing its business in Richmond; congratulated the Chamber of Commerce for the celebration of its 100-year anniversary; attended the 23rd Annual Law Enforcement Night/Officer of the Year Awards; and invited everyone to a play of the unheard songs of Betty Reid-Soskin, "Sing My Name to Freedom" in San Francisco. More information could be obtained at www.sfbatco.org.

Vice Mayor Jimenez reported that she met with the 23rd Street Merchants and participated in karaoke night at La Bahia de Jiquilisco at 1096 23rd Street.

Mayor Martinez congratulated the Tibetan community for their recent lunar new year Losar Tashi Delek event.

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)
Patricia Perez gave comments regarding the death of her grandson Pedie Perez.

Maurice Slocum requested assistance in locating a gym to practice basketball in Richmond.
77 cc20Dec2024 – ud/prc

SOS Director, Daniel Barth stated many formerly unhoused were working for SOS as field staff residents and urged the city for continued funding and support of the organization.

O'Neill Fernandez, formally unhoused, was grateful for the upcoming 90-day job readiness program to be launched by SOS on March 11, 2024.

SOS Director of Operations, Tomi Nagai-Rothe stated that 100 percent of the field staff were formerly unhoused residents which helped establish a better connection with the unhoused community.

The following formerly unhoused and current SOS employees Jared Soto, Jewel Morse, Angelina Pena, Donna Archuleta, Brianni Peter, Buddy Bennett, Cheryl Clem, Tshombe Perkins, Leyla Williams, Herman Martinez, Mernard Washington, Moses Barreras, and Karen Garcia thanked SOS for its help and for hiring them and turning their life around.

They also asked the city for continued funding for SOS.

Gamal Palmer stated he was currently unhoused and was looking forward to joining the 90-day SOS employment program.

Carol Evans and Jasmine Hubbard thanked Councilmember Willis for assisting and meeting with the residents of the St. John's Apartments regarding potential rent increases.

Director and Founder of Motivated 2 Help Others LeJon Reese asked that the city rebuild the Santa Fe Community Center to have a safe space for local youth. Mr. Reese also stated that the streetlights were out at 4th Street and Florida Avenue and also at several city parks.

Director of Keys 2 the Future Keycha Gallon requested support for her non-profit organization from the mayor and city council.

Mark Wassberg gave comments regarding the closure of the Rich City Rides bike shop.

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

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)

O.1 City Attorney's Office
O.1.a Approve a Seventh Amendment to the Legal Services Agreement with Downey Brand LLP
APPROVE the seventh amendment to the legal services agreement with Downey Brand LLP, in the amount of $100,000, to represent the City in 78 cc20Dec2024 – ud/prc

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

Item was tabled.

O.3.b Calendar Year 2023 City-Wide Accomplishments
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 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.

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
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
RECEIVE a report from Raftelis regarding an update on the Workforce Analysis – Human Resources Department (Nickie Mastay/Sharrone Taylor 79 cc20Dec2024 – ud/prc

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 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.

Adopted Resolution No. 09-24.

O.7 Library and Community Services
O.7.a Land Use Agreement for Weekly Farmers’ Market at Marina Bay Park 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 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
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
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
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 80 cc20Dec2024 – ud/prc

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).

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
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
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
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).

Adopted Resolution No. 10-24.

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

Chief Assistant City Attorney Shannon Moore and Deputy City Manager Nickie Mastay presented a PowerPoint which highlighted the following: highlights of the agreement; evaluation process; and termination by employer. Discussion ensued.

The employment agreement was approved by the following vote:

Motion by Councilmember Melvin Willis
Seconded by Councilmember Soheila Bana

81 cc20Dec2024 – ud/prc

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)

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

Councilmember Soheila Bana gave an overview which highlighted the following:

Drone light shows are more inclusive, introduce a new tradition, new culture; the toll on public safety; the silent impact; illegal fireworks on pets; environmental hazards of fireworks; hidden costs of illegal fireworks; cultural shift through innovative messaging; captivating a modern audience; strategic messaging can influence behaviors; fostering community engagement; expanding celebration locations across Richmond; enhancing drone shows with music; the value of drone shows; sustainable financing; sponsorships and commercials; public safety; strong messaging through signage; and the impact on police and fire. Discussion ensued.

Councilmembers requested a cost analysis for a drone or laser fireworks show, what the potential costs savings could be for fire and police dealing with illegal fireworks and an analysis if drone shows would actually curtail illegal fireworks.

City Council directed staff to gather the information for presentation to the city council in July or August for consideration for the fireworks celebration in July 2025.

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

Berkeley Mayor Jesse Arrequin, Chair of the Berkeley Health Commission Andy Katz, and Berkeley Councilmember Sophie Hanh presented a PowerPoint, which highlighted the following: Alta Bates Hospital Overview; Impacts of emergency department access; Impacts on vulnerable populations; Impacts on the regional economy; Impacts on major disaster events; Impacts on West Contra Costa County. An updated study would be available as early as May 2024. Discussion ensued.

Councilmembers recommended the potential for partnering to obtain funding, involvement of stakeholders and politicians to discuss options to keep Alta Bates open and consider a hospital for all. Further discussion on this topic would be scheduled in the near future.

Q. ADJOURNMENT
82 cc20Dec2024 – ud/prc

There being no further business, the meeting adjourned at 9:37 p.m., to meet again on February 27, 2024.

Clerk of the City of Richmond Mayor

83 cc27Feb2024 – sl/prc

RICHMOND, CALIFORNIA, February 27, 2024

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED SESSION The Richmond City Council Evening Open Session was called to order at 4:35 p.m. by Mayor Eduardo Martinez.

B. ROLL CALL

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

Absent: None.

C. CLOSED SESSION - SURPLUS PROPERTY AUTHORITY/RICHMOND CITY

COUNCIL

SURPLUS PROPERTY AUTHORITY
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case

CITY COUNCIL
C.2 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.3 PUBLIC EMPLOYEE PERFORMANCE EV ALUATION (Government Code Section 54957)
 Title: City Clerk
 Title: City Attorney
C.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9)  One case
C.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (initiation of litigation pursuant to paragraph (4) of Subdivision (d) of Government Code Section 54956.9)
 One case
84 cc27Feb2024 – sl/prc

D. PUBLIC COMMENT BEFORE CLOSED SESSION (Limited to items on the Surplus Property Authority Closed Session or City Council Closed Session agenda only.)
Debbie Bayer gave comments via teleconference regarding Item C.2, the Guidiville Tribe representative, Michael Derry, and his involvement with litigation in the state of Indiana.

E. ADJOURN TO JOINT CLOSED SESSION
The Open Session adjourned to Closed Session at 4:39 p.m. Closed Session adjourned at 6:23 p.m.

F. SPECIAL MEETING OF THE SURPLUS PROPERTY AUTHORITY
The Special Meeting of the Surplus Property Authority was called to order at 6:25 p.m. by Chairperson Eduardo Martinez.

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

H. ROLL CALL

Present: Commissioners Soheila Bana, Gayle McLaughlin, Doria Robinson, Melvin Willis, Cesar Zepeda, Vice Chairperson Claudia Jimenez, and Chairperson Eduardo Martinez. Absent: None.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
None.

K. PUBLIC COMMENT
There were no public comments.

City Attorney Dave Aleshire stated that a report was received for Closed Session Item C.1, one exposure to litigation case for the Surplus Property Authority. There was a discussion on the matter and no action was taken.

L. JOINT SURPLUS PROPERTY AUTHORITY/RICHMOND CITY COUNCIL

CONSENT CALENDAR
Motion by Commissioner McLaughlin
Seconded by Commissioner Willis
To approve both items on the Joint Surplus Property Authority/Richmond City Council Consent Calendar.

Ayes (7): Commissioner Bana, Commissioner McLaughlin, Commissioner Robinson, Commissioner Willis, Commissioner Zepeda, Vice Chairperson Jimenez, and Chairperson Martinez.

Absent (0): None.

Passed (7 to 0)
L.1 Basin 1 Lease
APPROVE a Lease Agreement between the Surplus Property Authority for the City of Richmond and The Dutra Group, a California Corporation, in the amount of $150,000 annually, to terminate on May 31, 2027, with two (2) five-year 85 cc27Feb2024 – sl/prc

extension options to potentially extend the lease through January 31, 2037 – Port of Richmond (Charles Gerard 510-620-6792).

L.2 Ratification of SPA leases at PPMT
ADOPT a resolution ratifying and approving lease agreements of certain property owned by the Surplus Property Authority that were previously approved by the City Council of the City of Richmond - City Attorney's Office (Dave Aleshire 510-620-6509).

Adopted Resolution No. 24-1
M. ADJOURNMENT
There being no further business, the meeting adjourned at 6:29 p.m.

N. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
The Regular Meeting of the Richmond City Council was called to order at 6:31 p.m. by Mayor Martinez.

O. ROLL CALL

Present: Councilmembers Bana, McLaughlin, Robinson, Willis, Zepeda, Vice Mayor Jimenez, and Mayor Martinez. Absent: None.

P. STATEMENT OF CONFLICT OF INTEREST
None.

Q. AGENDA REVIEW
Item V .6.a (Fehr & Peers contract amendment) was removed from the Consent Calendar for discussion at the end of the agenda.

Item X.3 (new business activity classification ordinance) was continued to the March 5, 2024, City Council meeting.

The following items were reordered for discussion immediately after the approval of the Consent Calendar as follows: Item X.2. (Richmond Clean Energy and Healthy Homes Campaign presentation); Item X.1 (Bay Area Air Quality Management District Rule 6-5 agreement with Chevron); Item W.1 (budget session); and Item V .6.a.

R. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
City Attorney Dave Aleshire reported the following:

Item C.2 (existing litigation) a status report was given and no reportable action was taken.

Item C.3 (performance evaluations) the city clerk's evaluation was discussed and no reportable action was taken. The city attorney's evaluation was not discussed.

Item C.4 (anticipated litigation, significant) was not discussed.

Item C.5 (anticipated litigation, initiation) was discussed and no reportable action was taken.

S. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
City Manager Shasa Curl presented a PowerPoint that highlighted the following:

Recreation Clean-Up and Black History Celebration on February 24, 2024; Celebration of Life for Mayor Irma Anderson and Memorial on February 29, 2024; Accessory Dwelling Unit Workshop on February 28, 2024; Rent Relief Program available at 86 cc27Feb2024 – sl/prc

www.ci.richmond.ca.us/rentrelief; and Virtual Block Captain Training on February 28, 2024.

T. 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 Willis reported that he participated in the Recreation clean-up event on February 24, 2024. Councilmember Willis gave an update to his last report regarding St.

John's apartments, stating that the property management sent a letter reassuring no tenants would be evicted. Councilmember Willis announced that 40 Voices 4 Wellness for People of African Descent in Contra Costa County was hosting a community conversation regarding an African American Holistic Wellness and Resource Hub scheduled for February 28, 2024, at the Bethlehem Missionary Baptist Church in Richmond.

Councilmember Robinson reported that the Urban Forest Advisory Committee was working to present a comprehensive recommendation to the council regarding city trees.

Councilmember Robinson provided an update on the existing Farmers Market and plans to move it back to the Richmond Main Library.

Councilmember Bana reported that the city's Historic Preservation Commission (HPC) received a California Governor's Historic Preservation Award on February 27, 2024, for its Rooted In Richmond Historical Walking/Biking Tour app. Councilmember Bana urged the council to support a budget allocation for HPC staffing. Councilmember Bana also reported that she was grateful that city staff met with the West Contra Costa Unified School District Superintendent Kenneth Hurst and Facilities Manager Ellen Hooper to discuss affordable housing for teachers.

Vice Mayor Jimenez acknowledged members in the audience of the Alliance of Californians for Community Empowerment (ACCE) and Safe Organized Spaces (SOS) for speaking out on issues important to the community. Vice Mayor Jimenez advised that she and others had conversations with the 23rd Street Merchants Association and small businesses expressing their happiness with the city's work on their issues. Vice Mayor Jimenez reported that she and others worked with Contra Costa County (CCC) Supervisor John Gioia's Office, CCC Health Department, and Richmond Community Development Department regarding alternatives for street vendors and small business opportunities. Vice Mayor Jimenez also reported on discussions regarding an art corridor near Macdonald and 23rd streets to improve conditions there.

Councilmember McLaughlin reported that the new Marina Bay Farmers Market was scheduled to launch on March 24, 2024, or soon thereafter every Sunday.

Councilmember McLaughlin announced that the Literacy Festival was scheduled for April 13, 2024, and the Sisters in Solidarity annual event was scheduled for March 16, 2024. Councilmember McLaughlin reported that the Tiny House Village for unhoused youth was planning to open in December 2024. Councilmember McLaughlin acknowledged SOS for providing services to the unhoused and ACCE for Item X.2 (clean energy and health homes campaign).

Councilmember Zepeda reported that he attended a Richmond Youth Council meeting to discuss the Contra Costa NASA National Community College Aerospace Scholar Program. Councilmember Zepeda announced that the Richmond Yacht Club Small Boat Day was scheduled for March 2, 2024. Councilmember Zepeda also announced that the Santa Fe Neighborhood Council hosted an appreciation lunch for the Public Works Department.
87 cc27Feb2024 – sl/prc

Mayor Martinez announced that the opening day of Little League at Nicholl Park was scheduled for March 2, 2024. Mayor Martinez reminded the council to adhere to the two-minute time limit when giving their reports.

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

Mark Wassberg gave comments against the suspect accused of murdering an Agusta University nursing student, Lakin Riley. Mr. Wassberg also gave comments regarding immigration policies and the right to bear arms.

Mernard Washington, Tomi Nagai-Rothe, Daniel Barth, O'Neill Fernandez, Angie Pena, Jarod Soto, Moses Barreras, Tshombe Perkins, Hernan Martinez, Leyla Williams, Jewel Morse, and Buddy Bennett gave comments in support of the unhoused services provided by Safe Organized Spaces (SOS). The group urged the council to appropriate funding for SOS to continue its work and expand services.

Nana Johnson expressed concerns regarding equality and keeping one's word. Mr.

Johnson advised he had not received a response from the city regarding relocation assistance in exchange for vacating an encampment.

Saiid Mbarki informed the council there were no stop signs at the intersections of Lassen, Clinton, Esmond, and Kern streets. Mr. Mbarki urged the council to install stop signs to improve bicycle safety.

The following individuals gave comments via teleconference:

Oscar Garcia expressed concerns regarding the number of smoke shops along the 23rd Street corridor and the increased crime in neighborhoods. Mr. Garia urged the council to focus on the two issues.

Tanya Ruscigno gave comments in support of the unhoused services provided by SOS and urged the council to appropriate funding for SOS to continue its work and expand services.

V. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar were considered to be routine and noncontroversial. The items were enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item was deemed to have received the action recommended.)
Motion by Councilmember Willis
Seconded by Vice Mayor Jimenez
To approve all items on the Consent Calendar except Item V .6.a (Fehr & Peers contract amendment).

Ayes (7): Councilmember Bana, Councilmember McLaughlin, Councilmember Robinson, Councilmember Willis, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez
Passed (7 to 0)

V.1 City Council
V.1.a Traffic Calming Program
88 cc27Feb2024 – sl/prc

DIRECT the Public Works Director and staff to present on the 18 approved Traffic Calming Projects at the March 5, 2024, City Council Meeting. The presentation must include for each project: the project’s current phase and anticipated timeline for project completion – Vice Mayor Claudia Jimenez (510-620-6565) and Councilmember Gayle McLaughlin (510-620-6636).

V.2 Community Development
V.2.a Amendment No. 1 with Housing Consortium of the East Bay (HCEB) APPROVE Contract Amendment No. 1 with Housing Consortium of the East Bay (HCEB) to increase the contract by $172,000 to add two additional case managers and two housing navigators to support former Castro Encampment residents, for a total not-to-exceed contract amount of $451,890, for a term through June 30, 2024, to be funded using the City’s Encampment Resolution Funding Round 1 – Community Development Department (Lina Velasco/Jesus Morales 510-620-6649).

V.3 Human Resources
V.3.a Salary Schedule Amendment
ADOPT a resolution amending the salary schedule to add the Water Resource Division Manager effective February 27, 2024, and allocate wages, salaries, and benefits costs as required, and amending the salary range for the City Manager effective October 1, 2023, and January 1, 2024 – Human Resources Department (Nickie Mastay/ Sharrone Taylor 510- 620-6602).

Adopted Resolution No. 11-24
V.3.b Resolution Approving a Side Letter to the Memorandum of Understanding with International Association of Firefighters Local 188 Bargaining Unit (Local 188)
ADOPT a resolution approving a side letter to the Memorandum of Understanding between the City of Richmond and the International Association of Firefighters Local 188 Bargaining Unit, regarding eligibility for overtime assignments – Human Resources Department (Interim Fire Chief Michael Smith/Nickie Mastay/Sharrone Taylor 510- 620-6602).

Adopted Resolution 12-24
V.4 Mayor's Office
V.4.a Library Commission
APPOINT Evelyn J. Santos to an unexpired term in the Library Commission, unexpired term ends on July 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

V.4.b Proclamation Recognizing March 2024 as Red Cross Month in Richmond PROCLAMATION declaring March 2024 as Red Cross Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

V.5 Police Department
V.5.a Crime Report from Police Chief
89 cc27Feb2024 – sl/prc

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

V.5.b One Year Extension of Piggybacked Enterprise Holdings Incorporated Agreement
AUTHORIZE the Richmond Police Department to utilize its first, of two, one-year extensions with the State of California rental vehicle program to continue securing unmarked police vehicles with Enterprise Holdings Incorporated, extending the agreement from July 1, 2024, to June 30, 2025; and APPROVE additional funding in an amount not to exceed $180,000, in accordance with the State of California’s Department of General Services Standard Agreement — Police Department (Chief Bisa French 510-621-1802).

V.5.c Sole-Source Contract with Napa-Solano SANE/SART for Sexual Assault Investigations.

APPROVE a sole-source contract with Napa-Solano SANE/SART, in an amount not to exceed $48,000, to have their Sexual Assault Nurse Examiners (SANE) complete Sexual Assault Response Team (SART) kits, for the term March 1, 2024, through February 28, 2027 – Police Department (Chief Bisa French 510-621-1802).

V.6 Public Works
V.6.a Second Contract Amendment with Fehr & Peers for On-Call Design Services
APPROVE a second contract amendment with Fehr & Peers in the amount of $450,000, for a new total not-to-exceed amount of $900,000, to continue providing on-call professional design services for a variety of capital projects – Public Works Department (Daniel Chavarria 510-620- 5478/Josef Munoz 510-620-6671).

Continued to the March 5, 2024, City Council meeting.

W. BUDGET SESSION
W.1 Mid-Year Report on Fiscal Year (FY) 2023-24 Operating and Capital Improvement Budgets
RECEIVE the Fiscal Year 2023-24 Mid-Year budget presentation and report for the period of July 1, 2023, through December 31, 2023; and PROVIDE direction to staff – Finance Department (Andrea Miller 510-620-6790/Mubeen Qader 510- 412-2077).

Continued to the March 5, 2024, City Council meeting.

X. STUDY AND ACTION SESSION
X.1 BAAQMD Rule 6-5 Agreement with Chevron Richmond
RECEIVE a presentation from the Bay Area Air Quality Management District (BAAQMD), explaining the recent settlement of Regulation 6 Rule 5 – Mayor Eduardo Martinez (510-620-6503) and Vice Mayor Claudia Jimenez (510-620- 6565).

Mayor Martinez introduced the matter. Contra Costa County Supervisor John Gioia and Bay Area Air Quality Management District (BAAQMD) representatives, Executive Officer/Air Pollution Control Officer Philip Fine, Deputy Executive Officer of Science and Policy Greg Nudd, Deputy Executive 90 cc27Feb2024 – sl/prc

Officer of Public Affairs Viet Tran, District Counsel Alexander Crockett, Deputy Executive Officer of Engineering and Compliance Meredith Bauer, and Director of Permitting Pamela Leong, presented a PowerPoint that highlighted the following: Rule 6-5 key highlights; health effects; Rule 6-5 exposure benefits; and the Chevron and Martinez refining companies lawsuits and settlements.

Discussion ensued. The council requested the following considerations:
displaying the accumulative health impacts, categorized, with complete information for flaring events on the transparency website, such as the event that occurred on November 1, 2024; following up on Chevron wet gas scrubber installation; ensuring Proposition 65 (significant exposure warning) signage compliance; reaching out to Chevron for a timely application; and holding a future study session to discuss technical details. Alice LoCicero and Leisa Johnson gave comments via teleconference. Further discussion ensued. The council requested the following: information on how the impact funds were filling resource gaps for those impacted by particulate matter and a safe harbor for the undocumented population; improving communication; including Kaiser Permanente and LifeLong medical facilities in community discussions; ensuring BAAQMD enforcement; seeking the root cause of flaring events; and tying permitting to feed rates to lower production. The council suggested the task to reduce flaring was accomplished by the following elements of source control (in order of effectiveness): design and engineering at the plant (wet scrubber); reduction in feed rate; and training and procedures.

X.2 Richmond Clean Energy and Healthy Homes Campaign of 2024 – A Neighborhood Decarbonization Program Presentation
RECEIVE a presentation from the Alliance of Californians for Community Empowerment (ACCE) on their Richmond Clean Energy and Healthy Homes Campaign of 2024; and DIRECT staff 1) to consult with PG&E on an appropriate low-income neighborhood as a pilot project to transition that neighborhood off the gas system by providing free electrical appliances and 2) to contract with an Inflation Reduction Act (IRA) Coordinator to make sure the City accesses and manages as much federal and state funding as possible to help our community cut carbon emissions and transition to clean energy – Councilmember McLaughlin (510-620-6636), Vice Mayor Jimenez (510-620-6565) and Mayor Martinez (510- 620-6503).

Councilmember McLaughlin introduced the matter. Discussion ensued. The Alliance of Californians for Community Empowerment (ACCE) representatives, David Sharples, Blanca Retano, and Becky Menten of the Building Decarbonization Coalition presented a PowerPoint that highlighted the following:

ACCE overview; fossil fuel pollution; impacts on health, climate, and equity; managing clean energy transition; new climate tool; and campaign goals.

Discussion ensued. The council requested the following: consider applying for the Community Change Grants Program by the grant application deadline of November 21, 2024; consider the creation of microgrids and writing a joint letter to Pacific Gas and Electric (PG&E) requesting help with that endeavor, commencing with the Nevin Community Center and surrounding homes to set a model; requesting PG&E to engage with Richmond as it had with the City of Albany; consider the development of a regional public energy system; and provide the number of homes existing funds would cover. Mark Wassberg and Gwendolyn Trotter gave comments in person. Further discussion ensued.

Motion by Councilmember McLaughlin
Seconded by Councilmember Bana
91 cc27Feb2024 – sl/prc

To direct staff to work with PG&E and ACCE on a pilot project for decarbonizing a low-income neighborhood, and at the appropriate time when staffing was increased, contract with an Inflation Reduction Act coordinator to access and manage grants to fund the program. Councilmember Willis recused himself from the vote on this matter due to a potential conflict of interest.

Ayes (6): Councilmember Bana, Councilmember McLaughlin, Councilmember Robinson, Councilmember Zepeda, Vice Mayor Jimenez, and Mayor Martinez Recused (1): Councilmember Willis
Passed (6 to 1)

X.3 Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
INTRODUCE an ordinance (first reading) amending Chapter 7.04.103 of the Richmond Municipal Code by creating a new Business Activity Classification, Class P – Wholesale, and the corresponding rates – Finance Department (Nickie Mastay/Andrea Miller/Mubeen Qader/Antonio Banuelos 510-620-6741).

Continued to the March 5, 2024, City Council meeting.

Y. ADJOURNMENT
There being no further business, the meeting adjourned at 10:44 p.m., to meet again on March 5, 2024, at 6:30 p.m.

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

92

March 19, 2024

City Council

DATE: March 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmembers Zepeda and Jimenez

Subject:

Prevent Nepotism During the Appointment Process for
Richmond Boards, Commissions, Committees, and Task
Forces, and City Hiring and Employment.

FINANCIAL IMPACT: No financial impact at this time.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

To Prevent Nepotism During the Appointment Process
for Richmond Boards, Commissions, Committees, and
Task Forces, and City Hiring and Employment.

RECOMMENDED ACTION:

DIRECT the City Attorney’s Office to draft and for staff to implement a City policy preventing City Council Members from appointing family members to Richmond boards,
commissions, committees, and task forces -
Councilmember Cesar Zepeda (510-620-6593) and Vice
Mayor Claudia Jimenez (510-620-6565).

DISCUSSION:

In past administrations City elected officials have appointed family relatives to serve on various Richmond boards, commissions, committees, and task forces (together, “bodies”). This is extremely problematic for the Richmond City Charter, as it seats all AGENDA
REPORT
93

March 19, 2024
nominating authority for appointments to these bodies with the Mayor. The City Council is delegated with approval authority over the Mayor’s nominations. However, it provides an opportunity for certain Richmond elected officials to exert disproportionate influence over these important appointed bodies that assist in setting essential policy for the City.

While most cities in their personnel rules prohibit nepotism in terms of City staff, few have ordinances dealing with appointments to commissions and similar City bodies.

Research has identified only a handful of cities that to date have acted to prevent nepotism in city bodies, including the cities of Westminster, Santa Monica, Laguna Niguel and Garden Grove. Each of these cities has passed limitations on the appointment of relatives of City Councilmembers to their city’s bodies.

Most California cities’ personnel rules prohibit nepotism in terms of city staff. These policies govern the hiring of city employees who are related to either city leadership, such as the City Manager, or the city’s elected officials.

The City of Richmond does not have a policy limiting the appointment of City Councilmembers’ relatives to City boards, commissions, committees and task forces (together, “bodies”). However, the City’s Administrative Manual addresses nepotism in its hiring practices includes the following definition of “Immediate family member.”

An analysis of seven key issues pertaining to limiting appointments of relatives to City bodies:

1. Whether “relative” should defined more or less broadly: Most cities define “relative” more broadly to include a spouse, parent, sibling, child, grandparent, grandchild, in-law, aunt/uncle, niece/nephew, or another relation living in the same household. Others expand on that definition to also include parents of foster children, siblings who were either fosters or stepsiblings, and a parent’s adoptive, foster and step-children.

Richmond does not have a policy limiting the appointment of City Councilmembers’ relatives to City bodies, but the City’s Administrative Manual addressing nepotism in its hiring practices includes the following definition of “Immediate family member.” It states that an immediate family member is “an individual’s parent, step-parent, parent-in-law, grand-parent, child, step-child, grandchild, brother, sister, step-brother, step-sister, aunt, uncle or first-cousin.” It also states that the term “‘immediate family member’ also includes an individual who falls within one of these categories by a previous marriage, adoption or registered domestic partnership.”1 Interestingly, this definition does not appear to be applied to any current rule of the City.

Santa Monica uses the more limited definition of “wife, husband, registered domestic partner, son, daughter, mother, father, brother or sister.” It excludes in-laws, aunt and uncles, nieces and nephews, as well as the broader category of “any other legally related person living in the same household as the City Council member.” It also omits the language addressing adoptions, fosters and steps.

1 City of Richmond, Administrative Manual Policy Number AP 308. 94

March 19, 2024

None of the ordinances include associates or other non-familial categories, except Santa Monica, which includes lobbyists (see subsection 5 and 6 below).

Suggestion: Since Richmond’s Administrative Manual already includes a workable definition of “relative,” we suggest the City apply this definition with the addition of spouse and registered domestic partner to any nepotism ordinance governing appointments to it’s City bodies.

2. Whether similar restrictions should apply to relatives of other City leadership: The City of Westminster includes restrictions on “[r]elatives of a city council member, city manager, department director, or a primary assistant of the city manager.”2 None of the other cities reviewed expands the restrictions in this way.

Suggestion: This practice appears to be an anomaly and seems unnecessary.

3. Whether term limits apply to such appointments: Richmond has term limits of between two and four terms for most City bodies except for two: 1) the Housing Advisory Commission and 2) the Commission on Aging.

Santa Monica also includes a four-year waiting period once a person is termed out before rejoining the body.

Suggestion: Add term limits to the Housing Advisory Commission and the Commission on Aging. No other city whose rules were reviewed, includes the waiting period that Santa Monica enacted. Perhaps it is unnecessary.

4. Whether a person may serve on more than one City body at a time:

Santa Monica and Laguna Niguel limit a person’s participation to one body, although Laguna Niguel permits more than one appointment under special circumstances. The other cities reviewed do not specify.

Suggestion: It seems reasonable to limit participation to one City body to further spread community participation among the City’s residents.

5. Whether paid lobbyists should be prohibited from serving even though they are not “relatives” of Councilmembers: Santa Monica excludes lobbyists from serving on a city bodies. None of the other cities researched addressed lobbyists.

.2 Ordinance 2597, Jan. 11, 2023 (emphasis added).

95

March 19, 2024
Suggestion: Preventing paid lobbyists from joining the City’s bodies seems prudent to ensure the interests of their paying clients do not take precedence over the interests of the City’s community members.

6. Whether business associates should also be excluded from serving even though they are not “relatives” of Councilmembers. None of the other cities researched addressed business associates.

Suggestion: The term “business associate” is difficult to define with clarity and introduces potential ambiguities that create substantial risk of conflict during the practical implementation of the ordinance.

7. Whether, upon implementation of the new ordinance, a currently seated appointee who is a “relative” of a Councilmember should be permitted to complete their current term. Under either the more or less broad definition of “relative,” there are currently seated appointees whose appointments would be prohibited by the proposed ordinance.

Suggestion: Upon implementation of the new ordinance, allowing currently seated appointees to complete their current terms prevents the unexpected disruption to the composition of City bodies. It also allows the community and Council to consider the impact of the new ordinance when making future appointments or deciding to seek a seat on the City Council. This exception should apply only upon initial implementation of the new ordinance.

An ordinance implementing the suggestions above might read something like this:

Nepotism Restrictions Pertaining to Boards, Commissions, Committees and Task Forces. City Council members may not vote to approve the appointment of a relative of any City Council member to any board, commission, committee or task force. “Relative” includes: spouse, registered domestic partner, parent, step- parent, parent-in-law, grand-parent, child, step-child, grandchild, brother, sister, step-brother, step-sister, aunt, uncle or first-cousin, and any individual who falls within one of these categories by a previous marriage, or adoption.

An ordinance implementing a narrower definition of “relative” like Santa Monica uses might read something like this:

Nepotism Restrictions Pertaining to Boards, Commissions, Committees and Task Forces. City Council members may not vote to approve the appointment of a relative of any City Council member to any board, commission, committee or task force. “Relative” includes: wife, husband, registered domestic partner, son, daughter, mother, father, brother or sister.

B. Application to Staff. Second, we consider the adoption of a nepotism policy prohibiting the employment of relatives of City officers and elected officials. 96

March 19, 2024
The City of Richmond does not have a policy prohibiting the hiring of relatives of either City officials or elected officials, even though as mentioned earlier, the City of Richmond’s Administrative Manual includes a definition of “immediate family member.” Rather the City’s Administrative Manual explicitly states that its policy regarding nepotism is “to not discriminate in its employment and personnel actions with respect to its employees and applicants on the basis of marital or registered domestic partner status.”3 It does, however, “reserve[] the right to reasonably regulate, for reasons of supervision, safety, security, or morale, the assignment of spouses and registered domestic partners within the same department, division, facility, or unit.” Id. This policy appears to date back to 2014 and likely implements the somewhat competing requirement of the Department of Fair Employment and Housing Act that forbids discrimination in employment decisions based on marital status.4 The additional language stating the rules were adopted for “reasons of supervision, safety, security, or morale” overrides the requirements of the Fair Employment and Housing Act.5 Richmond may wish to revisit this policy. Many cities do prohibit the hiring of relatives of City officials, such as relatives of the city manager and other department heads.

Others also prohibit the hiring of relatives of elected city councilmembers. For example, Walnut Creek’s municipal code states: “No person related to the City Manager . . . shall hold any appointive office or employment with the City.”6 And, according to a Laguna Niguel Staff Report dated Nov. 16, 2021, Laguna Hills personnel policy casts a wide net, stating “[i]t is the City’s policy not to hire a relative of current City officers and employees. Any relative of a Council Member, the City Manager, City-appointed commissioner, board or committee member, Department head, or any full-time or part- time City employee, shall not be considered for employment with the City in any capacity, whether full-time or part-time.”7

Importantly, the State of California also forbids nepotism in the hiring practices of all State institutions under Cal. Code Regs. Tit. 2, Section 87, promulgated pursuant to Cal. Govt. Code Section 18502 and 18660. These rules require:

“[A]ll State entities to adopt a nepotism policy that includes the following:
(1) A statement that the appointing power is committed to merit- based hiring and that nepotism is antithetical to a merit-based civil service system.
(2) A definition of "nepotism" as an employee's use of influence or power to hire, transfer, or promote an applicant or employee because of a personal relationship.

3 City of Richmond, Administrative Manual Policy Number: AP 308. 4 Institute for Local Government, Everyday Ethics for Local Officials Hiring: When a Relative Wants a Job (April 2003).
5 Id.
6 City of Walnut Creek Municipal Code Section 2-6.407.
7 Laguna Niguel Nepotism Policy Staff Report, Attachment B, https://www.cityoflagunaniguel.org/DocumentCenter/View/21530/D1-Nepotism---Definitions- Public-Policy-and-Sample-Anti-Nepotism-Policies (accessed 1/2/24). 97

March 19, 2024
(3) A definition of "personal relationship" as persons related by blood, adoption, current or former marriage, domestic partnership, or cohabitation.
(4) A statement that prohibits participation in the selection of an applicant for employment by anyone who has a personal relationship with the applicant, as defined in section 83.6.
(5) A statement that prohibits the direct or first-line supervision of an employee with whom the supervisor has a personal relationship, as defined in section 83.6.
(6) A process for addressing issues of direct supervision when personal relationships, as defined in section 83.6, between employees exist.”

Section 83.6 referenced above defines “personal relationship” as: “persons related by blood, adoption, current or former marriage, domestic partnership, or cohabitation. For purposes of this section, cohabitation means living with another person in a romantic relationship without being married or in a domestic partnership.” Although the State rules do not apply to local agencies, they have been vetted by the State and apply broadly throughout California.

Suggestion: The City should consider adopting a nepotism policy that complies with the State of California’s anti-nepotism framework, which governs whenever the City considers hiring a relative of the specific appointing or hiring body.

DOCUMENTS ATTACHED:

None

98

March 19, 2024

Community Development

DATE: March 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Nannette Beacham, Director of Economic Development

Subject:

Metrowalk Phase 2 AHSC Resolution - Round 7
FINANCIAL IMPACT: The City, BART, and Pacific West Communities were awarded ~$43 million for the Metrowalk Phase 2 Project.

This resolution is needed from the granting agency to
proceed with the final award.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The Community Development Department received
approximately $43 million award from the State
Department of Housing and Community Development
(HCD)’s Affordable Housing and Sustainable
Communities Program (AHSC) funds for the Metrowalk
Phase 2 Housing Project. HCD is requesting the
applicant’s governing body adopt a resolution committing to the project prior to distribution of grant funds.

RECOMMENDED ACTION:

ADOPT a resolution authorizing final receipt of State
Department of Housing and Community Development
(HCD) Affordable Housing and Sustainable Communities
Program (AHSC) funds for the Metrowalk Phase 2
Housing Project and designating the city manager or
designee to execute the necessary agreements with
HCD and BART to complete the project components with
grant funds – Community Development Department (Lina
Velasco 510-620-6841).

AGENDA
REPORT
99

March 19, 2024
DISCUSSION:

Community Development staff and Joint Applicant, Pacific West Communities, were awarded $42,908,528 from the State Department of Housing and Community Development (HCD) Affordable Housing and Sustainable Communities Program (AHSC) program for the purpose of delivering the Metrowalk Phase 2 Housing Project, which includes the Metrowalk Phase 2 housing project; BART’s New Train Car Project and Next Generation Fare Gates to be implemented by BART; and improvements to bicycle and pedestrian infrastructure, and transit service and amenities to be implemented by the City of Richmond.

The AHSC program furthers the purposes of AB 32 (Chapter 488, Statues of 2006), SB 375 (Chapter 728, Statutes of 2008), and SB 32 (Chapter 249, Statutes of 2016) in that the purpose of the AHSC program is to reduce greenhouse gas (GHG) emissions through projects implementing land-use, housing, transportation, and agricultural land preservation practices to support infill and compact development, while supporting related and coordinated public policy objectives. Funding for the AHSC program is provided from the Greenhouse Gas Reduction Fund (GGRF), an account established to receive Cap-and-Trade auction proceeds.

The AHSC program is part of California Climate Investments (CCI), a statewide program funded through the GGRF that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment – particularly in disadvantaged communities.

The proposed Metrowalk Phase 2 Project is:

A collaboration between the City of Richmond and Pacific West Communities, the Metrowalk Phase 2 will build 150 affordable homes located at the Richmond BART station. This transit-oriented development will allow resident access to seating areas, a community area including an office space, computer room, and exercise room. A laundry facility will be provided on each building level. An on-site resident manager will provide assistance and management.

The Metrowalk Phase 2 project will include BART station improvements, including the installation of upgraded fare gates, that enhance passenger throughput and maintainability. Over one mile of Class IV bikeway and pedestrian improvements including street trees and wayfinding will be developed in the vicinity, completing the Richmond Wellness Trail that connects the Richmond BART Station to the ferry at the waterfront. Locating these many affordable units at a transit station is a powerful resource to ensure that low-income residents have easy access to a car-free lifestyle.

The inclusion of the Richmond Wellness Trail as part of the scope transforms this project into a national model of the power of public-private partnerships, as government, the developer, healthcare organizations, and community-based organizations working together for the greater good.

100

March 19, 2024
City staff is seeking authorization to enter into a Memorandum of Understanding (MOU) with San Francisco Bay Area Rapid Transit (BART) District for transportation-related improvements to be funded by the AHSC grant. Through the MOU with BART, the City would serve as a conduit for the AHSC funds for the New Train Car Project and Next Generation Fare Gates.

A secondary agreement with AC Transit may also be necessary to implement the Transit Priority signaling on Macdonald Avenue and make certain bus stop improvements.

The resolution is consistent with the language recommended by the State HCD and must be submitted in order for the City to be disbursed grant funds.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – AHSC Award Information
101

RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND

AUTHORIZING ACCEPTANCE OF AFFORDABLE HOUSING AND

SUSTAINABLE COMMUNITIES PROGRAM FUNDS FOR THE METROWALK PHASE 2 PROJECT AND RELATED IMPROVEMENTS

WHEREAS, the State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (Department) issued a Notice of Funding Availability dated January 30, 2023 (NOFA), and amended March 25, 2023, under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and

WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement, and the Department is authorized to administer the approved funding allocations of the AHSC Program; and

WHEREAS, the City of Richmond (City) desires to apply for AHSC Program funds as a Joint Applicant with Pacific West Communities for the purposes of delivering the Metrowalk Phase 2 Housing Project, which includes the Metrowalk Phase 2 housing development and related bicycle and pedestrian improvements to be implemented by City of Richmond; BART’s New Train Car Project and Next Generation Fare Gates to be implemented by BART; and improvements to bicycle and pedestrian infrastructure, and transit service and amenities to be implemented by the City of Richmond (collectively the “City Project”); and

WHEREAS, the City Council wishes to implement the City Project portion of the Metrowalk Phase 2 Housing Project; and

WHEREAS, the City Council wishes to delegate authority to the City Manager or her designee to apply for, receive and accept such AHSC Program funds on behalf of the City, and to negotiate, execute, enter into and deliver such agreements and instruments with the Department related to or in connection with such ASHC program funds without returning to the City Council, including agreements with San Francisco Bay Area Rapid Transit District (BART) for transportation-related improvements and AC Transit, if needed to implement the Transit Priority signaling on Macdonald Avenue; to submit and execute all required AHSC program documents and any amendments thereto for the City Project portion of the Metrowalk Phase 2 Housing Project to the City Manager or designee; and,

WHEREAS, the City wishes to delegate authorization to submit and execute all required implementation and cooperation agreements with project partners, including BART and AC Transit, as needed, to implement its project component to the City Manager or designee;
102

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Richmond authorizes acceptance of the AHSC Program award as detailed in the NOFA dated January 30, 2023 and amended March 15, 2023, for Round 7 in a total amount not to exceed $43,000,000 for all Metrowalk Phase 2 Project components to be implemented independently by Pacific West Communities, BART, and the City, of which approximately$27,000,000 is requested as a loan for an Affordable Housing Development (AHD)(‘AHSC Loan”) and ~$16,000,000 is requested for a grant for Housing-Related Infrastructure(HRI), Sustainable Transportation Infrastructure (STI), Transit-Related Amenities (TRA) or Program (PGM) activities (‘AHSC grant”) as defined in the AHSC Program Guidelines.

BE IT FURTHER RESOLVED that if the application is approved, the Council authorizes execution of a State of California Standard Agreement (Standard Agreement) in a total amount not to exceed $18,000,000 of which up to $8,000,000 is allocated for the AHSC-funded City Project, and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department and all amendments thereto (collectively, the AHSC Documents).

BE IT FURTHER RESOLVED that the Council authorizes the City Manager or her designee to execute the AHSC Program Application and the AHSC Documents as required by the Department for participation in the AHSC Program.

---------------------------------------------------------------

I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Richmond at a meeting held on March 19, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

______________________

EDUARDO MARTINEZ
Mayor

103

Approved as to Form:

___________________________

DAVE ALESHIRE
City Attorney
104
Staff Recommendations: AHSC Round 7
Date of publication: 08/30/2023 | Updated 9/26/23
Table 1. Projects Recommended for Award
Project Name Applicants Project Area Type Project Location Total Units Income
Restricted
Units Housing Funding
Programs
Funding
Transportation
Funding
Total AHSC
Award
Total AHSC GHG
Emission Reductions
(MTCO2e)
Disadvantage
d Community
(DAC)
Final
Score Reason selected
Crenshaw Crossing La Cienega LOMOD, Inc.; City of Los Angeles Transit Oriented Development (TOD) Los Angeles 176 162 $33,925,855 $1,076,400 $14,986,981 $49,989,236 33,823 Y 88.66 Score Mulberry Garden Family
Apartments Eden Housing, Inc.; City of Riverside Integrated Connectivitiy Project (ICP) Riverside 150 149 $14,000,000 $1,109,580 $12,864,640 $27,974,220 42,785 Y 88.33 Score 440 Arden Way BRIDGE Housing Corporation Transit Oriented Development (TOD) Sacramento 124 122 $29,269,970 $655,424 $13,045,335 $42,970,729 83,768 Y 88 Score Downtown Women's Center
Campus Expansion Downtown Womens Center; City of Los Angeles Transit Oriented Development (TOD) Los Angeles 98 97 $26,500,000 $799,200 $13,839,568 $41,138,768 28,071 Y 85 Score Dakota UP Holdings California, LLC Integrated Connectivitiy Project (ICP) Fresno 114 113 $33,184,957 $741,631 $14,839,418 $48,766,006 37,328 N 84.33 Score 306 E. Washington
(Peak Plaza Apartments)
Hollywood Community Housing Corporation (HCHC); City of Los Angeles Transit Oriented Development (TOD) Los Angeles 104 103 $20,000,000 $817,200 $13,745,445 $34,562,645 29,958 Y 84 Score 3900 Thornton Resources for Community Development Integrated Connectivitiy Project (ICP) Fremont 128 124 $35,000,000 $541,721 $10,300,000 $45,841,721 157,057 N 83.16 Score Meridian at Corona Station Danco Communities, For Profit Corporation; City of Petaluma Integrated Connectivitiy Project (ICP) Petaluma 131 130 $20,000,000 $744,840 $9,484,000 $30,228,840 42,794 N 82.5 Score HHH New Hampshire BRIDGE Housing Corporation; City of Los Angeles Transit Oriented Development (TOD) Los Angeles 95 93 $18,855,428 $634,800 $11,557,759 $31,047,987 34,691 Y 82 Score Transbay 2
Mercy Housing California; Mayors Office of Housing and
Community Development (City & County of San Francisco) Transit Oriented Development (TOD) San Francisco 184 182 $28,000,000 $1,095,624 $11,915,753 $41,011,377 24,419 N 81 Score 850 Turk Street
MidPen Housing Corporation; Mayors Office of Housing and Community Development (City & County of San Francisco) Transit Oriented Development (TOD) San Francisco 92 91 $22,000,000 $771,048 $9,200,000 $31,971,048 19,994 N 81 Score Metrowalk Phase 2 Pacific West Communities, Inc.; City of Richmond Transit Oriented Development (TOD) Richmond 150 149 $27,813,000 $1,398,802 $13,696,726 $42,908,528 23,506 Y 80.66 Score 797 S. Almaden Ave. Resources for Community Development Transit Oriented Development (TOD) San Jose 99 98 $20,000,000 $428,636 $9,000,000 $29,428,636 32,189 N 80.5 Score Riverwalk Phase I Wakeland Housing and Development Corporation Integrated Connectivitiy Project (ICP) San Diego 190 188 $29,945,162 $937,296 $10,239,221 $41,121,679 37,058 N 80.16 Score Metro at Florence* Meta Housing Corporation; County of Los Angeles Transit Oriented Development (TOD) Los Angeles County 160 158 $17,738,733 $1,018,800 $12,132,093 $30,889,626 21,020 Y 80 Score Seventh Street Village Visionary Home Builders of California, Inc. Integrated Connectivitiy Project (ICP) Modesto 79 66 $17,300,000 $710,880 $15,000,000 $33,010,880 83,453 Y 79.33 Score Balboa Building A
(Balboa Gateway)
BRIDGE Housing Corporation ; Mayors Office of Housing and Community Development (City & County of San Francisco) Transit Oriented Development (TOD) San Francisco 159 157 $33,000,000 $1,003,896 $11,717,503 $45,721,399 29,576 N 77 Score Smith Avenue Apts Pacific West Communities, Inc.; City of Lemoore Rural Innovation Project Area (RIPA) Lemoore 108 107 $16,000,000 $642,600 $8,609,993 $25,252,593 24,297 Y 76.5 PAT (RIPA) Eureka Scattered Site Project Linc Housing Corporation; The City of Eureka Rural Innovation Project Area (RIPA) Eureka 90 87 $20,154,639 $756,600 $9,255,202 $30,166,441 10,762 N 72 PAT (RIPA) 119 Lincoln Street Eden Housing, Inc.; For The Future Housing, Inc.; Santa Cruz Integrated Connectivity Project (ICP) Santa Cruz 124 123 $22,500,000 $737,820 $10,265,000 $33,502,820 8,814 N 68.5 Geographic Windsor Apartments
Burbank Housing Development Corporation; Kashia Band of Pomo Indians of the Stewarts Point Rancheria; Sonoma-Marin Area Rail Transit District Integrated Connectivity Project (ICP) Windsor 54 53 $10,246,932 $569,250 $9,150,000 $19,966,182 2,041 Y 64.83 Tribal Entity TOTAL 16 jurisdictions 2,609 2,552 $495,434,676 $17,192,048 $244,844,637 $757,471,361 807,404 50% of funds
awarded - -
*Funding request reduced by applicant after application submission Note: Applicant names have been updated to match the eligible entity name Table 2. Projects not recommended for Award
Project Name Applicants Project Area Type Project Location Total Units Income
Restricted
Units Housing Funding
Programs
Funding
Transportation
Funding
Total AHSC
Award
Total AHSC GHG
Emission Reductions
(MTCO2e)
Disadvantage
d Community
(DAC)
Final
Score
El Cerrito Plaza The Related Companies of California, LLC ; City of El Cerrito Transit Oriented Development (TOD) El Cerrito 70 69 $17,468,127 $837,711 $14,064,827 $32,370,665 25,533 N 76 160 Freelon
The Related Companies of California, LLC; San Francisco Housing Development Corporation Transit Oriented Development (TOD) San Francisco 85 78 $23,600,000 $694,944 $10,325,000 $34,619,944 17,663 N 75 699 YVR and Sustainable
Transportation Resources for Community Development Integrated Connectivity Project (ICP) Walnut Creek 93 92 $18,927,516 $1,144,435 $9,190,069 $29,262,020 18,700 N 73.5 Bayfair Apartments Pacific West Communities, Inc; City of San Leandro Transit Oriented Development (TOD) San Leandro 497 493 $30,000,000 $3,405,838 $13,664,995 $47,070,833 36,893 N 72.83 The Crescent Heritage Housing Partners; City of Napa Integrated Connectivity Project (ICP) Napa 162 112 $35,000,000 $792,720 $9,000,352 $44,793,072 11,355 N 71.83 20th Street Apartments
Venice Community Housing Corporation ; Community
Corporation of Santa Monica Transit Oriented Development (TOD) Santa Monica 78 76 $11,900,000 $588,800 $11,280,000 $23,768,800 9,810 Y 68.66 946 Linden AMCAL Multi-Housing, Inc. ; City of Long Beach Transit Oriented Development (TOD) Long Beach 100 99 $15,000,000 $681,660 $8,035,900 $23,717,560 8,400 Y 68.16 Amador Station Phase 1A
THE RELATED COMPANIES OF CALIFORNIA, LLC ; Affordable
Housing Access, Inc. Transit Oriented Development (TOD) Dublin 86 85 $22,632,000 $1,153,800 $12,764,736 $36,550,536 24,453 N 67.33 Alvarado Creek Pacific West Communities, Inc. Transit Oriented Development (TOD) San Diego 227 225 $26,187,000 $1,033,200 $10,529,378 $37,749,578 21,165 N 66.5 Jubilo Village Culver City Community Corporation of Santa Monica; City of Culver City Integrated Connectivity Project (ICP) Culver City 95 93 $20,000,000 $585,360 $12,500,000 $33,085,360 8,670 N 63.5 1051 Mission Affordable^ BRIDGE Housing Corporation Transit Oriented Development (TOD) South San Francisco 158 156 $34,773,893 $1,515,262 $9,122,570 $45,411,725 23,823 N 65.5 Sankofa Place at Centinela/400
Centinela^ Venice Community Housing Corporation; City of Inglewood Transit Oriented Development (TOD) Inglewood 120 118 $28,453,545 $642,600 $2,947,002 $32,043,147 8,273 Y 60.66 Monarch Landing
Napa Valley Community Housing (nonprofit public benefit corporation) Integrated Connectivity Project (ICP) Napa 77 76 $16,000,000 $595,008 $6,561,414 $23,156,422 4,917 N 57.66 Washington Potomac Bakersfield
Vista Del Monte Affordable Housing, Inc.; Housing Authority of the County of Kern Integrated Connectivity Project (ICP) Bakersfield 118 116 $18,432,668 $669,564 $7,200,000 $26,302,232 1,288 Y 54.33 Eastmoor Core Affordable Housing, LLC; Affordable Housing CDC Transit Oriented Development (TOD) Daly City 72 71 $15,000,000 $617,674 $5,616,872 $21,234,546 3,292 N 46.83 ^ Funding request reduced due to ineligible costs identified during project review 105
Table 3. Applications that withdrew, failed threshold review, or were deemed ineligible Project Name Applicants Project Location Project Type Issue(s) AHSC Funds Requested 4-Plex Multifamily Armando Salazar    Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant 92130 Connects Cassandra Cotton             Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Building the Foundation for More Housing St. Francis Center of Redwood City Redwood City Rural Innovation Project
Area (RIPA) Failed Threshold (incomplete application) $52,000,000.00 Gilded Park Apartments
CRP Affordable Housing and Community Development
LLC; PSCDC Gilded Park LLC Manteca Integrated Connectivity Project (ICP)Withdrew application $34,714,988.00 India Basin BUILD, Inc. San Francisco
Integrated Connectivity
Project (ICP) Failed Threshold (incomplete application) $49,861,989.00 Livable Communities Initiative Lindsay Sturman               Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Mirka Tower 1 Mirka Investments, LLC San Diego
Transit Oriented
Development (TOD) Based on project feasibility analysis, this project is ineligible for award. $50,000,000 Mission Street, Daly City Fountain of Life Asian American Foundation Daly City Integrated Connectivity
Project (ICP) Failed Threshold (incomplete application) $12,703,137.00 Prowell Apartment Fountain of Life Asian American Foundation Oakland Integrated Connectivity
Project (ICP) Failed Threshold (incomplete application) $20,400,093.00 River Road Park Joshua Black                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Roof-Less Huts & Happy Families P.A.T.H Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Roof-Less Huts & Happy Families P.A.T.H Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Shapes Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Shapes Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant SLIM-HOMES Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant SLIM-HOMES Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant Slim-Homes Janai Meeks                       Not provided by applicant Not provided by
applicant
Failed Threshold (incomplete application). No application workbook submitted, as a result there is not enough information. Not provided by applicant 106
Attachment C: Round 7 AHSC Awards Project Summaries Page 1 Appendix C:

Round 7 AHSC Awards Project Summaries
Presented at the August 30, 2023 Strategic Growth Council Meeting More information: http://sgc.ca.gov/programs/ahsc/
797 S. Almaden Ave.

Project Location: San Jose
Applicant(s) Name: Resources for Community Development
Project Type: TO D
Disadvantaged Community: No
Region: San Francisco Bay Area
Total Award: $29,428,636
Project Description:
797 S. Almaden Ave. will create a mixed- use, transit-oriented community and build 98 new affordable homes. This project will improve an underutilized and vacant corner lot, while providing a significant number of affordable homes in an area that is facing rapid gentrification and displacement. Resident amenities include a multi-purpose community room, bicycle storage room, open space, children’s play area, and barbecue areas.

On‐site Resident Services, through a Resident Services Coordinator, will be offered for free to assist residents in obtaining access to local social services, organizing community meetings and events, and providing classes on topics, such as financial literacy and nutrition, health and wellness, educational programs, and youth enrichment programs. Services will also include direct case management and services provided by Abode Services specifically for the residents of the permanent supportive housing units.

As a part of the Cit
y-adopted Vision Zero Plan, this project will includ e 12.5 miles of dedicated bus priority lanes, 12.9 miles of protected bicycle lanes, and various pedestrian enhancements, such as ped estrian bulb-outs and high visibility crosswalk s.

These improvements will convert the Monterey Corridor into a safer, calmer street to that will better serve the needs of transit riders, bicyclists and pedestrians. 107
Attachment C: Round 7 AHSC Awards Project Summaries Page 2 440 Arden Way
Project Location: Sacramento
Applicant(s) Name: BRIDGE Housing Corporation
Project Type: TOD
Disadvantaged Community: Yes
Region: Sacramento Area
Total Award: $42,970,729
Project Description:

BRIDGE Housing Corporation will transform the vacant land and unoccupied buildings at 440 Arden Way into a vibrant mixed- use development including 124 affordable homes. The ground floor will include a commercial childcare center available to residents of the broader neighborhood, a resident services suite, community room, multipurpose room, laundry room, and structured parking surrounding a courtyard with playgrounds and community gardens.
440 Arden Way will also be a part of the Dixieanne Neighborhood Clean & Gr een Alleys project, cleaning and beautifying residential alleys by providing shade trees, public art, and bike boulevards. Nearby Woodlake Park will also be improved with new walking paths and pedestrian safety features. Sacramento Regional Transit Distric t is participating in these community upgrades by improving existing local bus routes and boarding infrastructure along congested corridors in North Sacramento.

For residents of 440 Arden Way, Lutheran Social Services of Northern California will provide education and community building activities throughout the year. These activities may include, but are not limited to case management, financial literacy, education support, art expression classes, parenting classes, food bank distribution, and digital literacy.

108
Attachment C: Round 7 AHSC Awards Project Summaries Page 3 Balboa A
Project Location: San Francisco
Applicant(s) Name: BRIDGE Housing Corporation; Mayor’s Office of Housing and Community Development (City & County of San Francisco)
Project Type: TOD
Disadvantaged Community: No
Region: San Francisco Bay Area
Total Award: $45,721,399
Project Description:

The Balboa A project is a once- in-a-generation opportunity to redevelop underutilized parking lots in a high resource area into 159 affordable homes that are part of a buildout of roughly 1,100 new homes in the Balboa Reservoir master pla n. The development includes o n-site amenities, such as childcare centers, a public park, and accessible multi-modal transit options. With its outdoor spaces designed to accommodate a wide range of uses, the site will serve as a community hub that is welcoming to neighbors.

Transportation improvements make up an important part of the Balboa A project. The AHSC project includes improvements that align with the San Francisco Municipal Transportation Agency (SFMTA) 29 Sunset Improvement Project, which aims to improve the performance of and passenger experience on the Muni 29 Sunset bus route. Additionally, this project will include the construction of the interior bicycle and pedestrian infrastructure on campus, as well as a linear park along the southern edge of the project that connects to a nearby transit plaza.

This project will transform the entire Balboa Res ervoir neighborhood, centering a diverse and inclusive mixed-income community around a new Reservoir Park. The land was once controlled by the San Francisco Public Utilities Commission (SFPUC). The SFPUC made the site available for development as part of San Francisco's Public Land for Housing Program, which utilizes City-owned land to address the City's most pressing housing issues.

109
Attachment C: Round 7 AHSC Awards Project Summaries Page 4 Crenshaw Crossing
Project Location: Los Angeles
Applicant(s) Name: La Cienega LOMOD LLC; City of Los Angeles Project Type: TOD
Disadvantaged Community: Yes
Region: Coastal Southern California
Total Award: $49,989,236
Project Description:

Crenshaw Crossing is a housing project with 176 affordable homes in the heart of South Los Angeles. A joint project between La Cienega LOMOD, Inc. and the City of Los Angeles, residents will have access to many on- site amenities, including a yoga room, fitness center, lounges, and outdoor spaces.

Residents of Crenshaw Crossing will have access to instructor- led programs and classes from the West Angeles Community Development Corporation, including classes on health and wellness, financial literacy, home- buyer education, parenting, GED preparation, and smoking cessation.

This project came about th rough Los Angeles Metropolitan Transportation Authority (LA Metro)’s Joint Development Program, and as such, includes many transportation improvements. Nearly 10 miles of new bike lanes are being constructed as a part of Crenshaw Crossing, as well as sidewalk repairs, crosswalks, and ADA curb ramps, making the area safer and more accessible for pedestrians and bicyclists. The project also includes the purchase of nine LA Metro buses, improving headway times and transit efficiency for local bus routes surrounding Crenshaw Crossing. 110
Attachment C: Round 7 AHSC Awards Project Summaries Page 5 Dakota
Project Location: Fresno
Applicant(s) Name: UP Holdings California, LLC; RHCB Development, LP Project Type: ICP
Disadvantaged Community: No
Region: San Joaquin Valley
Total Award: $48,766,006
Project Description:

Dakota is a collaborative housing and transportation project between UP Holdings California, LLC and RHCB Development, L P. The housing development will create 114 affordable homes accommodating varied family sizes and 45 VASH vouchers for veterans.

The project will have wrap- around services for residents provided by a variety of social service providers including the Veterans Affairs Office, RH Community Builders, and the City Center. There will be ample service space for administering one -on-one sessions, classes, and group events. These events include exercise classes, computer literacy training, and resident celebrations. Furthermore, there will be outdoor courtyards with a playground, community garden, and outdoor furniture.

Transportation improvements for the area came together through a partnership among the City of Fresno’s Public Works Department, Fresno Area Express, Planning Department, and Cal Vans. Dakota will bring a Class IV Bikewa y, new walkways, thirty - two new bus stop stations, an electric bus, and carpool vans to the area. These improvements align with the goals of the Fresno General Plan and South Blackstone Smart Mobility Plan, both of which went through extensive public consultation. 111
Attachment C: Round 7 AHSC Awards Project Summaries Page 6 Downtown Women’s Center Campus Expansion
Project Location: Los Angeles
Applicant(s) Name: GTM Holdings, LLC; City of Los Angeles Project Type: TOD
Disadvantaged Community: Yes
Region: Coastal Southern California
Total Award: $41,138,768
Project Description:

Located in an empty lot adjacent to the Downtown Women’s Center's headquarters, the housing development is comprised of 97 affordable homes and permanent supportive housing for victims of domestic violence and women experiencing homelessness . In addition to these residential units, the project incorporates over 10,000 square feet of community space on the ground floor, including ample service space for the Downtown Women's Center's programming. Other resident amenities include a laundry room, learning center, community room, bicycle parking, supportive services spaces, and a second-floor open-air courtyard.

Working with the Los Angeles Department of Transpor tation, this project will establish 2,169 feet of continuous safe and accessible walkway . Over two miles of bike lanes will also be constructed, completing the east -west network connecting Downtown Los Angeles to Skid Row and the Arts District. In order to increase bus ridership, new traffic signal modifications, a pedestrian hybrid beacon, five bus shelters, and four bus bulb- outs will be created.

Workforce development will be a key program for Downtown Women’s Center Campus Expansion project residents. Downtown Women’s Center (DWC) provides wraparound supports, from basic needs and housing navigation to training and case management, in order that women experiencing homelessness may attain stable housing and stable lives. Residents will have access to DWC career training and mentorship programs that provide hands-on opportunities to end homelessness and change lives.

112
Attachment C: Round 7 AHSC Awards Project Summaries Page 7 Eureka Scattered Sites Project
Project Location: Eureka
Applicant(s) Name: Linc Housing Corporation; City of Eureka Project Type: RIPA
Disadvantaged Community: No
Region: North State & Sierras
Total Award: $30,166,441
Project Description:

The Eureka Scattered Sites Project is a collaboration between the Linc Housing Corporation, City of Eureka, and Humboldt Transportation Authority to connect housing and transportation to Eureka’s Downtown Core Area. The three unique housing sites will provide a total of 90 affordable homes and other community amenities, such as short- and long-term bicycle parking, services offices, a community room, laundry facilities, and a playground.

This transf ormative project facilitates density and a modal shift away from car dependence in a rural, traditionally car -dependent area. To help close gaps in transit efficiency and rider experience as identified in the City of Eureka’s Unmet Transit Needs Annual Report, the Eureka Scattered Sites Project includes the purchase of two battery - electric microtransit vehicles and charging infrastructure . Additionally, the Project is developing the G Street Bicycle Boulevard, which p rovides a direct connection to two distinct d estination centers in the city —The Downtown Core A rea and Henderson Center—as well as thousands of feet of new and repaired sidewalks.

Partnering with the Redwood Community Action Agency, residents of the Eureka Scattered Sites Project will also receive a diversity of bicycle/pedestrian resources and educational activities , including local walking maps, bicycles expos, and bike repair services.
113
Attachment C: Round 7 AHSC Awards Project Summaries Page 8 HHH New Hampshire
Project Location: Los Angeles
Applicant(s) Name: BRIDGE Housing Corporation; Los Angeles Project Type: TOD
Disadvantaged Community: Yes
Region: Coastal Southern California
Total Award: $31,047,987
Project Description:

HHH New Hampshire, a partnership between BRIDGE Housing Corporation and the City of Los Angeles, will create 93 affordable homes in the Koreatown neighborhood of Los Angeles. The homes are for those who previously experienced homelessness or who are at risk of homelessness. The building will include a childcare center, community room, services hub, and laundry room.

Since HHH New Hampshire is located adjacent to highly congested corridors, improvements include the creation of an alternative bike network to provide a lower - stress bikeway. Pedestrian improvements include reconstructing sidewalk and alley aprons to form over 2,000 linear feet of safe and accessible walkway. To increase local bus ridership, this project includes the purchase of seven zero- emissions vehicles for two bus routes that have excellent north- south access , connecting riders from Koreatown to Hollywood, South LA, and multiple light rail stations.

HHH New Hampshire also goes beyond basic affordable housing in its preservation of part of historic design elements at the site. Koreatown is experiencing rapid growth, with seemingly every parcel metamorphosizing into luxury housing. Gentrification is slowly stripping the community of its historic past. However, this housing project retains a portion of the original building façade of the historic Ambassador Hotel to honor the community’s historic past while addressing housing needs for the future.

114
Attachment C: Round 7 AHSC Awards Project Summaries Page 9 Kashia Windsor
Project Location: Windsor
Applicant Name: Burbank Housing Development Corporation; Kashia Band of Pomo Indians of the Stewarts Point Rancheria; Town of Windsor; Sonoma- Marin Area Rail Transit District
Project Type: ICP
Disadvantaged Community: Yes
Region: San Francisco Bay Area
Total Award: $19,966,182
Project Description:

The Kashia Windsor project is a 54- unit affordable multifamily project with a mixed- use office space to serve as the Kashia Tribal Headquarters; residential amenities; and a public gallery for community education, outreach, and displays of Tribal arts and crafts.

This project came together due to the diligence of the multi -faceted partnership of Burbank Housing Development Corporation, Kashia Band of Pomo Indians of the Stewarts Point Rancheria, Town of Windsor, and Sonoma- Marin Area Rail Transit (SMART) District.

The Town of Windsor’s Old Redwood Highway Corridor Enhancement Plan focuses on “complete streets” for the Town and its residents. To accomplish this, The Kashia Windsor project is purchasing one zero- electric vehicle bus, which will reduce headway times for the local bus route from 45- 60 minutes to 30 minutes. Additionally, the project will install 1.4 miles of bike routes and install new curbs, gutters, and sidewalks. They will also construct a new passenger rail station for the SMART Train.

This project is a collaborative effort centered on the participation and needs of the tribal community, providing a model for designing a tribal living space within a city. This model integrates tribal members into wider society and help benefit from access to job centers, local schools, active lifestyles, and other aspects of urban life. 115
Attachment C: Round 7 AHSC Awards Project Summaries Page 10 119 Lincoln Street
Project Location: Santa Cruz
Applicant Name: Eden Housing, Inc.; For the Future Housing, Inc.; Santa Cruz Metropolitan Transit District
Project Type: ICP
Disadvantaged Community: No
Region: Central Coast
Total Award: $33,502,820
Project Description:

This collaborative project will construct a multi-story mixed-use building made up of 124 affordable homes, a modern public library, childcare facility, and bicycle parking. For residents specifically, the project will include a technology learning center, rooftop atrium, and onsite after school programs and wellness programs.

On site, residents will have access to regular and ongoing social services and gro up activities provide education on critical community resources and encourage community building and self-reliance. Instructor-led adult educational, health and wellness, and skill building classes will be included in the programming.

The homes are located in the transit rich downtown Santa Cruz. It is located only a few hundred feet away from the planned new bus depot , which will improve headway times and electrify the bus service, providing benefits to residents and the surrounding community. To improve pedestrian safety and access, this project will upgrade the Santa Cruz Riverwalk on both sides of the San Lorenzo River as it passes through downtown. This high-impact project is a key pedestrian amenity and a tourist attraction that drives tourism to the downtown area. Upgrading it with pedestrian scale lighting, improved ADA access, and better materials will contribute to the overall beautification of the area.
116
Attachment C: Round 7 AHSC Awards Project Summaries Page 11 Meridian at Corona Station
Project Location: Petaluma
Applicant Name: Danco Communities , For Profit Corporation; City of Petaluma; Sonoma-Marin Area Rail Transit District (SMART)
Project Type: ICP
Disadvantaged Community: No
Region: San Francisco Bay Area
Total Award: $30,228,840
Project Description:

Meridian at Corona Station will create 130 affordable homes with a mix of one, two, and three bedrooms to accommodate varied family sizes. The strategic partnership among Danco Communities, the City of Petaluma, and Sonoma- Marin Area Rail Transit (SMART) made this project possible. These homes will be supported with a robust services plan and have plenty of on-site amenities and a large open green space.

Meridian at Corona Station will provide services for all families and individuals living on- site on an ongoing year -round basis provided by LifeSTEPS. Additionally, the Sonoma County Bike Coalition will provide safety education training programs that include bike safety workshops, bike repair workshops, walking school buses or other group walking activities, and Safe Routes to School.

To complement the training on active transportation, the project will include many pedestrian and bikeway improvements to increase safety and accessibility. This work will include a new bike ramp onto the facility, two new pedestrian curb ramps, street lighting, bike paths, and street trees. Construction of a new passenger infill train station within publicly owned railroad near the affordable housing location will increase transportation opportunities for all residents and community members. 117
Attachment C: Round 7 AHSC Awards Project Summaries Page 12 Metro at Florence
Project Location: Los Angeles County
Applicant Name: Meta Development, LLC; County of Los Angeles Project Type: TOD
Disadvantaged Community: Yes
Region: Coastal Southern California
Total Award: $30,889,626
Project Description:

Metro a t Florence will create 15 8 affordable homes f or t he unincorporated F lorence- Firestone community in Los A ngeles C ounty. Building comm on areas c onsist of a community r oom, dedicat ed onsite su pportive services sp aces, l aundry f acilities, a landscaped ou tdoor co urtyard, and an up per deck w ith landscaping and recreational space. Both vehicle and bicycle parking areas w ill be provided. T here is al so a ground floor commercial space that is intended to be community serving retail.

This project will also enhance existing walkways and street crossings in Florence- Firestone with crosswalk enhancements, curb ramp upgrades, sidewalk repairs, and curb extensions to facilitate pedestrian safety and accessibility. A new bicycle boulevard will also be installed to create linkages with existing bik e facilities. To reduce existing local bus route headway times, the project will purchase nine n ew z ero emission buses.

The Metro at Florence project provides tr ansit-adjacent, high-d ensity, supportive housing for people formerly experienc ing homelessness and v ery low-i ncome families in the area. The project repres ents a coordinated and holistic effort by Los Angeles County to align its homeless-f ocused housing polic y with its long-t erm transit goals. This project seeks to unify the community’s transit and housing priorities by addressing the root causes of homelessnes s through the provision of jobs, workforce development, and support for independent living. The Metro at Florence project is intended to be the next step in a more com prehensive effort to eradicate homelessness, elim inate racial disparities, and increas e equitable transit access throughout Los Angeles County.

118
Attachment C: Round 7 AHSC Awards Project Summaries Page 13 Metrowalk Phase 2
Project Location: Richmond
Applicant Name: Pacific West Communities, Inc.; City of Richmond Project Type: TOD
Disadvantaged Community: Yes
Region: San Francisco Bay Area
Total Award: $42,908,528
Project Description:

A collaboration between the City of Richmond and Pacific West Communities, the Metrowalk Phase 2 will build 150 affordable homes located at the Richmond BART station. This transit-oriented development will allow resident access to seating areas, a community area including an office space, computer room, and exercise room. A laundry facility will be provided on each building level. An on- site resident manager will provide assistance and management.

Being at a BART station, the Metrowalk Phase 2 project will include station improvements, including the installation of upgraded fare gates, that enhance passenger throughput and maintainability. Over one mile of Class IV bikeway and pedestrian improvements including street trees and wayfinding will be developed in the vicinity, completing the Richmond Wellness Trail that connects the Richmond BART Station to the ferry at the waterfront.

Locating this many affordable units at a transit station is a powerful combatant to the gentrifying trends in the community, ensuring that low -income residents have easy access to a car -free lifestyle. The inclusion of the Richmond Wellness Trail as part of the scope transforms this project into a national model of the power of public -private partnerships, as government, the developer, healthcare organizations, and CBO’s work together for the greater good.
119
Attachment C: Round 7 AHSC Awards Project Summaries Page 14 Mulberry Gardens Family Apartments
Project Location: Riverside
Applicant Name: Eden Housing, Inc.; City of Riverside
Project Type: ICP
Disadvantaged Community: Yes
Region: Inland Southern California
Total Award: $27,974,220
Project Description:

The Mulberry Gardens Family Apartments will provide 150 affordable homes near downtown Riverside. The design features two outdoor courtyards with drought tolerant landscaping, shaded seating areas, a tot lot, bocce ball court, fitness area, BBQ and picnic tables. The building itself will provide a community room for gathering and resident services programming, a makers’ space, and computer lab.

E
den Housing Resident Services, Inc. will provide and coordinate regular and ongoing social services for residents at Mulberry Gardens Family Apartments. A Resident Services Coordinator will be available onsite to serve as a resource for all residents and provide one- on-one support to address individual needs and group activities and workshops to inform residents of critical community resources and encourage community building and self -reliance. Instructor -led adult educational, health and wellness, and skill building classes will be a part of the programming.

This project, a partnership between Eden Housing, Inc. and the City of Riverside, includes various transportation improvements to lower vehicle miles traveled for residents and community members. Based on the City of Riverside Active Transportation Plan, the Mulberry Gardens Family Apartments project will construct new sidewalk, bike lanes, bus shelters, crosswalks, a nd street trees. Additionally, 42 zero- emissions CalVans will be purchased to give more accessible transportation options for residents and the surrounding neighborhoods.
120
Attachment C: Round 7 AHSC Awards Project Summaries Page 15 Riverwalk Phase I
Project Location: San Diego
Applicant Name: Wakeland Housing and Development Corporation Project Type: TOD
Disadvantaged Community: No
Region: San Diego Area
Total Award: $41,121,679
Project Description:

The Riverwalk Phase I project will create 190 affordable homes for a wide variety of families. Amenities include ample community space including a large outdoor courtyard with play area and a community room with features such as computer stations, a kitchen, and space for workshops, classes, community events and social activities. The design also embraces sustainable technologies and climate adaptation goals.

The human- scale development embodied b y Riverwalk Phase I will create a place where residents can gather and build community and shared experiences. Riverwalk ensures that walking and cycling are the “primary” modes of transit, with transit as the underlying foundation and not the car. The project’s pedestrian- first approach and deep commitment to green open space cultivates places where residents can interact, build relationships, and strengthen the social fabric of the community.

The project accomplishes its transit-oriented village and pedestrian- oriented design by constructing a new Trolley Station at the center of the project area, establishing a connection directly to the MTS green line the Fashion Valley Transit Center hub which is a central hub for bus service throughout San Diego. Additionally, the project will i nstall new bike lanes and pedestrian paths and build new bus shelters and street lighting infrastructure.
121
Attachment C: Round 7 AHSC Awards Project Summaries Page 16 Seventh Street Village
Project Location: Modesto
Applicant Name: Visionary Home Builders of California, Inc.

Project Type: ICP
Disadvantaged Community: Yes
Region: San Joaquin Valley
Total Award: $33,010,880
Project Description:

Seventh Street Village is a multi -family affordable housing development proposed by Visionary Home Builders of California (VHB). The Project will create 79 affordable homes serving low-income families and individuals. The ground floor and podium level will house the rental office, business center, Head Start Day Care area, and Community Center. The main design goal is to create an overall sense of community, offering tenant supportive services, early education for the children, and services that our new community may need.

Transportation i mprovements include bike lanes and bulb- outs, which creates a bike friendly neighborhood. The project will also install n ew pedestrian bus to facilitate public transit flow on StanRTD's bus route through downtown Modesto. Residents and community members will also be able walk on newly created sidewalks under new tree canopies. Funding for this project also supports the
Rail Locomotive Zero- Emission
Conversion, which will support added service to the ACE commuter tr ain to Silicon Valley and Sacramento.

One goal of this new proposed project is to turn the community center into a cooling center for residents. Modesto has suffered from extreme heat days where temperatures are over 100 degrees and the air quality is unhealthy for chil dren, seniors and those who may have underlined illness. The community cooling center will have a filtration to clean the ai r, solar system that will also have a backup battery system that keep the power going.
122
Attachment C: Round 7 AHSC Awards Project Summaries Page 17 Smith Avenue Apartments
Project Location: Leemore
Applicant Name: Pacific West Communities, Inc.; City of Leemore; Kings County Area Public Transit Agency
Project Type: RIPA
Disadvantaged Community: Yes
Region: San Joaquin Valley
Total Award: $25,252,593
Project Description:

The Smith Avenue Apartments came together through strategic partnerships of Pacific West Communities, City of Leemore, and the Kings County Area Public Transit Agency.

The project will create 108 affordable homes for Leemore residents, along with a community building, laundry facility, playground, dog park, and pool . The homes range from one to three bedrooms, making them more accessible to varied family sizes.

Being that the affordable housing is located in a rural area, City residents, planning staff, and City Council identified transportation efficiency as a priority to accommodate future Smith Avenue Apartment residents. King County Area Public Transit Agency will purchase eight mini-buses that will be used to operate and expand the region’s micro- transit service. Using real -time data, micro-transit vehicles’ on-board computer systems can determine the most efficient routes for picking up and dropping off multiple passengers. This technology also offers riders the option to indicate any necessary mobility assistance at the simple click of a button and gets them the right level of service. This micro -transit program aims to reduce vehicle miles traveled and reduce GHG emissions by replacing single occupancy vehicle use.

In addition to the basic services offered to Smith Avenue Apartment residents , the Central Valley Coalition for Affordable Housing will also provide instructor -led classes in health and wellness, financial literacy, home -buyer education, parenting, GED preparation, and smoking cessation.
123
Attachment C: Round 7 AHSC Awards Project Summaries Page 18 3900 Thornton
Project Location: Fremont
Applicant Name: Resources for Community Development
Project Type: ICP
Disadvantaged Community: No
Region: San Francisco Bay Area
Total Award: $45,841,721
Project Description:
3900 Thornton will redevelop an underutilized vacant lot into 128 affordable homes in the Centerville neighborhood of Fremont. The project includes a community room, property management office, services offices, commercial space, onsite manager’s unit, and two levels of outdoor common courtyards. The building design integrates open space and ambitious sustainability features inclu ding native, drought -tolerant vegetation, a cool roof surface, and aggressive water conservation measures.

The location offers excellent proximity to a variety of transportation options. 3900 Thornton will include the construction of a raised cycle track, which will connect to a new separated bikeway to complete the bike lane infrastructure for the corridor and provide connection to the south to the highest concentration of low -income jobs located in Central Fremont. Additionally, the Centerville Train Depot Plaza will receive upgrades that will enhance the existing conditions and provide improved comfort and ease of transition between the various travel modes that converge at the Centerville Train Depot area, including local and regional transit buses, employee shuttles, regional rail, automobiles, bike/scooter share, bicyclists, and pedestrians. 3900 Thornton represents a significant step toward promoting access to housing choice, opportunity, and healthy ameni ties by creati ng affordable homes for low ‐income and formerly unhoused residents in a high‐ amenity, transit‐rich, and healthy neighborhood.

The AHD has the potenti al to transform the lives of Fremont residents and break down barriers that have historically prevented low‐income and marginalized communities from achieving better health and economic outcomes.

124
Attachment C: Round 7 AHSC Awards Project Summaries Page 19 Transbay 2
Project Location: San Francisco
Applicant Name: Mercy Housing California; Mayors Office of Housing and Community Development (City & County of San Francisco)
Project Type: TOD
Disadvantaged Community: No
Region: San Francisco Bay Area
Total Award: $41,011,377
Project Description:

Transbay 2 is an expansive project creating 184 affordable homes with permanent supportive housing. Over 50% of the project's units will be two and three bedrooms, which will accommodate San Francisco's need for family units . There will be on- site resident supportive servi ces for all residents, including case management, mental health services, and job counseling. The building will have three laundry rooms, two outdoor community spaces, and three indoor community lounges.

As a part of BART’s Transbay Corridor Core Capacity Program, funding for this project will go towards the purchase of two new BART cars, which will increase the number of trains operating through the Transbay Tube during peak hours, increase train lengths, and maximize throughput capacity throughout the sy stem. Transbay 2 will also include improvements that will support San Francisco’s Vision Zero commitment : new bulb-outs and curb ramps for pedestrian safety, a new 2- way protected bikeway, bike signals, and traffic signal modifications.

The Transbay 2 project is unique in including an intergenerational component as a central element of its project plan. With older adults in one building and families in the adjacent building, the project partners can implement intergenerational programming that will enhance the lives of everyone in the community and instill a sense of community cohesion. The City’s willingness to transform this prime, downtown real estate into affordable housing provides an amazing opportunity to demonstrate how incorporating residents of all income levels into a dense, walkable neighborhood can create a vibrant community life that benefits everyone.

125
Attachment C: Round 7 AHSC Awards Project Summaries Page 20 850 Turk Street
Project Location: San Francisco
Applicant Name: MidPen Housing Corporation; Mayors Office of Housing and Community Development (City & County of San Francisco)
Project Type: TOD
Disadvantaged Community: No
Region: San Francisco Bay Area
Total Award: $31,971,048
Project Description:
850 Turk is a transformative project brought to life by MidPen Housing Corporation and the Mayor's office of Housing and Community Development (City and County of San Francisco). The project will create 92 affordable homes and resident amenities including extensive common spaces, laundry facilities, bike storage room, outdoor spaces, and play structures.

Onsite services will be provided by MidPen Resident Services and will focus on services important to the target population, such as service coordination, adult education classes and afterschool programs. Residents will be provided transit passes for the first three years of operations as well as City Fiber internet free of charge.

The project's location in the Civic Center/Hayes Valley neighborhood of San Francisco is ideal for walkability and bikeability. 850 Turk will further enhance this by improving transit reliability through targeted improvements to traffic signals and upgrades to Traffic Signal Priority. This project also improves bicyclist safety through a full restriction on private vehicles using the street, upgrades protections to existing protected bicyc le facilities and improves all pedestrian crossings through upgraded crosswalks, accessible pedestrian signals and other walking infrastructure. 126
Attachment C: Round 7 AHSC Awards Project Summaries Page 21 306 E. Washington (Peak Plaza Apartments)
Project Location: Los Angeles
Applicant Name: Hollywood Community Housing Corporation (HCHC); City of Los Angeles
Project Type: ICP
Disadvantaged Community: Yes
Region: Coastal Southern California
Total Award: $34,562,645
Project Description:

In partnership with the Hollywood Community Housing Corporation (HCHC) and the City of Los Angeles, 306 E. Washington will provide 96 affordable homes for residents of Downtown Los Angeles. Residents will have access to two community rooms , long-term bicycle parking, laundry rooms , a rear landscaped yard, a second- story interior courtyard with open air access, and a double-height covered terrace.

Extensive transportation improvements will accommodate the 306 E. Washington project. An east -west bikeway on 21s Street will serve as an alternative to the busy arterial of Washington Boulevard. Pedestrian improvements include reconstructing sidewalks to form over 2,000 linear feet of safe and accessible w alkway to enhance the pedestrian network in the neighborhood. Nine buses will also be purchased to improve efficiency along two crucial bus lines adjacent to the housing development. 306 E. Washington exemplifies the transformative community change outlined in the City of LA’s Southeast Los Angeles Community Plan (SELACP ). The SELACP encouraged responsible development that emphasized the rich cultural and architectural history and its diverse and empowered population. This project implements the creative land use brought about by the SELACP.
127

March 19, 2024

Community Development

DATE: March 19, 2024
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Beatriz Guerrero, Transformative Climate Communities
(TCC) Project Coordinator

Subject:

TCC Implementation Technical Assistance Grant
Agreement with the State of California and Sole Source
Contract with Placeworks, Inc.

FINANCIAL IMPACT: The City and its Co-Applicants were awarded a $35 million Transformative Climate Communities (TCC)
Round 4 Implementation Grant. This Technical
Assistance Grant Agreement will provide $150,000 of
additional funding to retain technical assistance providers to advance the implementation of the City’s TCC
implementation grant.

PREVIOUS COUNCIL
ACTION:

June 21, 2022, October 3, 2023, December 20, 2022, June 21, 2022, September 19, 2023, December 5, 2023.

STATEMENT OF THE
ISSUE:

On October 27, 2022, Richmond and its Co-Applicants
were awarded a $35M Transformative Climate
Communities (TCC) Round 4 Implementation Grant from
the Strategic Growth Council (SGC). Richmond’s project, Richmond Rising: Healthy, Connected, and Climate
Strong, focuses on projects serving the Iron Triangle,
Santa Fe, and Coronado neighborhoods. As an added
opportunity, the SGC is offering additional technical
assistance funds to grantees; therefore, staff is
requesting authorization to execute a Technical
Assistance Grant Agreement between the City and the
State of California - Office of Planning and Research
AGENDA
REPORT
128

March 19, 2024
(OPR) and SGC to assist the City of Richmond and its
partners in successfully carrying out the TCC Project
implementation by providing additional funding to retain technical assistance providers and advance in the
implementation of TCC grant. Given Placeworks’ recent
support in preparing the City’s grant application and work in the Post Award Consultation process, City staff is
seeking City Council approval of a sole-source contract with Placeworks, Inc. for $150,000 to provide technical assistance work for the City’s TCC grant.

RECOMMENDED ACTION:

AUTHORIZE the Mayor to execute the Implementation
Technical Assistance Grant Agreement with the State of
California - Office of Planning and Research (OPR) and
the California Strategic Growth Council (SGC) to provide the City of Richmond with funding to retain technical
assistance providers; APPROPRIATE $150,000 in
Transformative Climate Communities (TCC) grant funds;
and APPROVE a sole-source contract with Placeworks,
Inc., for a total amount of $150,000, to provide technical assistance support to advance the implementation of
TCC Richmond Rising Project, with a term beginning
April 1, 2024, through June 30, 2025 – Community
Development Department (Lina Velasco/Beatriz Guerrero
510-620-5450).

DISCUSSION:

On June 21, 2022, the City Council authorized an application for a Transformative Climate Communities (TCC) Round 4 Implementation Grant for the Richmond Rising project. The City’s proposal included five Co-Applicants: Groundwork Richmond, GRID Alternatives, Rich City Rides, Trust for Public Land (TPL), and Urban Tilth. On October 27, 2022, Richmond’s application was awarded a $35 million TCC Round 4 Implementation Grant by the California Strategic Growth Council (see Attachment 1).

Richmond’s project titled Richmond Rising: Healthy, Connected, and Climate Strong focuses on projects serving the Iron Triangle, Santa Fe, and Coronado neighborhoods.

The ten key projects included in the Richmond Rising project are:

1. Neighborhood Complete Streets: walking and biking improvements on Harbour Way, Ohio Avenue, and some AC Transit bus stops. – City CIP will be the subproject lead.

2. Richmond Wellness Trail, Phase 2: walking and biking improvements to connect with Phase 1 connecting the Richmond BART and central neighborhoods with the waterfront and ferry terminal. – TPL will be the subproject lead.
129

March 19, 2024

3. E-Bike Lending Library: long- and short-term e-bikes access for free to target neighborhood residents to improve carbon-free mobility options.- Rich City Rides will be the subproject lead.

4. Resilient Homes for Healthy Communities: residential solar panel installations and home energy efficiency and health and safety upgrades at no cost to income-qualifying residents.- GRID Alternatives will be the subproject lead.

5. Basins of Relations: residential greywater systems and rainwater capture systems at no cost to income-qualifying residents, installed by local youth who receive training in watershed stewardship and installation. – Urban Tilth will be the subproject lead.

6. Bosque del Barrio: tree planting throughout the project area to create a healthy urban forest. – Groundwork Richmond will be the subproject lead.

7. ADA Accessible Garden: edible and pollinator garden at Unity Park with specially designed planting beds so seniors and wheelchair users can comfortably participate in gardening and community activities. – Urban Tilth will be the subproject lead.

8. Orchard for ALL!: creating a distributed orchard through fruit tree giveaways, with tree care and harvest support offered in exchange for a share of the harvest, which will be distributed at free farm stands and in veggie boxes. – Urban Tilth will be the subproject lead.

9. Veggie RX: prescription veggie boxes in partnership with the local health clinic, to provide free fruits and vegetables as preventative care along with community health workers and programming to support change to a more sustainable diet. – Urban Tilth will be the subproject lead.

10. E-Bike Share: the project will bring 5 new bike share access points, 70 new E- bikes, and targeted outreach and engagement to the Project Area. – City Transportation Division will be the subproject lead.

In addition, the Richmond Rising project includes three Transformative Plans outlining Community Engagement, Workforce Development, and Displacement Avoidance policies and programs. For more information on the Transformative Climate Communities Grant Awardees visit: California Awards $96 Million for Climate Projects in 10 Frontline Communities | California Governor.

Round 4 TCC Technical Assistance Support

California Public Resources Code section 75242(b) and the Round 4 Transformative Climate Communities Program Guidelines, require SGC to provide the Grantee with technical assistance to support in the implementation of the TCC Project. These funds must be used to assist the City of Richmond and partners with funding to retain technical assistance providers to support successfully carrying out the TCC Project implementation. The SGC has provided the City their standard TCC Round 4 Implementation TA Grant Agreement (see Attachment 2). Eligible Technical Assistance activities for hired staff or contractors include, but are not limited to:

130

March 19, 2024
 Technical support for implementation of the TCC Project, such as providing subject area expertise;
 Project management support to oversee progress of projects and plans implementation, and/or developing processes to collect indicator tracking data and reimbursement documents;
 Liaison communications between Grantee and the SGC, the Department of Conservation (“DOC”), and the California Air Resources Board (“CARB”); and  Identifying other resources for projects that could complement the TCC program objectives, such as attracting investors to the TCC Project area or applying for other grant opportunities in the TCC Project area.

Per the proposed Agreement, the City of Richmond must select a qualified Technical Assistance Provider and must adhere to its own internal hiring processes when posting for Technical Assistance staff positions or comply with its own competitive bidding and sole sourcing requirements for hiring a contractor. City staff consulted its Co-Applicants and the SGC in development of the scope of work to hire the Technical Assistance provider. The SGC has confirmed the proposed scope activities are eligible expenditures for this grant.

Due to their background knowledge and previous work on the City’s TCC Grant application, Post Award Consultation process, and TCC implementation support provided via the Planning Division’s on-call planning contract, City staff is recommending a sole-source contract with Placeworks, Inc. to provide Technical Assistance to City of Richmond under this grant (see Attachment 3).

As the Technical Assistance provider for this TCC implementation grant, Placeworks, Inc. will provide the City of Richmond with technical assistance to support in the implementation of the TCC Project. The funds will be used to assist the City of Richmond and Co-Applicants to successfully carry out the TCC Project implementation, including, but not limited to, 1) Grantee support with invoicing and reporting and project meetings; 2) Community Engagement Plan Support with the Collaborative Stakeholder Committee meetings; 3) Project Website Development; 4) Support in the planning of the Public Kick-off event; and 5) Technical Assistance support for Project 3: E-Bike Lending Library project, including support during design, permitting, and bidding processes.

CONCLUSION:

City staff is recommending the City Council authorize the City Manager or designee to execute the TCC Implementation Technical Assistance Grant Agreement to retain technical assistance providers, with a term ending June 30, 2025, appropriate the $150,000 in grant funds, and approve a sole-source service contract with Placeworks, Inc. for a total amount not to exceed $150,000 to provide technical assistance in advancement of the City’s TCC grant.

131

March 19, 2024
DOCUMENTS ATTACHED:

Attachment 1 – TCC Grant Award Letter Richmond
Attachment 2 – TCC Round 4 Implementation TA Grant Agreement Attachment 3 – Placeworks, Inc. Contract with Sole Source Form

132
1400 Tenth Street, Sacramento, CA 95814 ● www.sgc.ca.gov ● (916) 324-9775 October 31, 2022
Via Email
Mayor Tom Butt
City of Richmond
Attn: Lina Velasco
Director of Community Development
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
[email protected]
RE: Awar d Notification – Transformative Climate Communities (TCC) Program, Round 4, Implementation Grant Award, City of Richmond, “Richmond Rising: Healthy, Connected, and Climate Strong” Dear Mayor Butt,
The California Strategic Growth Council (SGC) is pleased to inform you that the Council approved a Transformative Climate Communities Implementation award of $35 million dollars to the City of Richmond for “Richmond Rising:

Healthy, Connected, and Climate Strong” at its October 27, 2022, meeting. Previously funded by California’s Cap- and-Trade Program, Round 4 of TCC was funded by a FY 2021-2022 budget appropriation from the General Fund.

This program funding empowers the communities most impacted by pollution to choose their own goals, strategies, and projects to reduce greenhouse gas emissions and local air pollution. The TCC Program reflects the SGC’s commitment to support community-led transformation and achieve equitable, resilient communities and landscapes for all Californians. Congratulations on your successful application.

This letter provides a conditional commitment of grant funds. TCC staff will initiate the Post-Award Consultation (PAC) process soon by scheduling a meeting with the Awardee and sending a review package including review checklists for all projects and transformative plans. This process will involve addressing any outstanding issues identified by TCC staff, reviewers, and the interagency panel, as well as finalizing the grant agreement. Grantees and Partners will need to work closely and collaboratively with TCC Staff to address all issues prior to grant execution. All requested documentation and changes should be finalized within six (6) months after the Council makes awards. New to Round 4, we will provide a mini grant to support administrative, staff, and materials costs for Grantees and Partners as they complete the PAC process. Our partnering agency, the Department of Conservation, will lead the PAC process.

Following execution of the grant agreement, grant funds will be disbursed on a bi-monthly basis for eligible direct, indirect, and indicator tracking costs. All reimbursed costs must meet the requirements for reimbursable tasks outlined in the grant agreement. TCC has also been authorized for an Advance Pay Pilot program (AB 156) and will follow up on the terms for accessing advance pay once approved by Council. Please note that no funds will be reimbursed for costs and expenses incurred prior to grant agreement execution, with the exception of limited PAC costs for staff and materials in accordance with forthcoming guidance.

We look forward to our partnership in the coming years. If you have any questions, please contact Sophie Young, TCC Program Manager, at [email protected].

Sincerely,
Ly
nn von Koch-Liebert
Executive Director
California Strategic Growth Council
133

State of California - Office of Planning and Research and the California Strategic Growth Council

GRANT AGREEMENT
(revised 12/20)
GRANT AGREEMENT NUMBER:

FI$Cal NUMBER:

1. This Grant Agreement is entered into by and between the Office of Planning and Research (“the OPR”)/ Strategic Growth Council (“the SGC”) and City of Richmond (“Grantee”)

2. The Grant Agreement
Term is:

Upon execution of this Grant
Agreement by both parties
through June 30, 2025

3. The maximum amount
of this Grant Agreement
is:
$150,000.00 One Hundred Thousand Dollars and No Cents

4. Signing this Grant Agreement means that Grantee agrees to comply with the terms and conditions of the following exhibits which are part of the Grant Agreement:

Exhibit A, Scope of Work Page(s)
Attachment 1: Authorized Signatory Form Page(s)
Attachment 2: Work Plan Page(s)
Attachment 3: Final Report Page(s)
Exhibit B, Budget Detail and Payment Provisions Page(s) Attachment 4: Budget Detail Worksheet Page(s)
Attachment 5: Invoice Page(s)
Attachment 6: Invoice Dispute Notification Template Page(s) Attachment 7: Advance Pay Request Form Page(s)
Exhibit C, General Terms and Conditions Page(s)
Exhibit D, Special Terms and Conditions Page(s)
Exhibit E, TCC Communications Kit Page(s)
IN WITNESS WHEREOF, this Grant Agreement has been executed by the Parties hereto.

GRANTEE
GRANTEE’S NAME CITY OF RICHMOND
BY (Authorized Signature)


Date Signed

PRINTED NAME AND TITLE OF PERSON SIGNING

SHASA CURL, CITY MANAGER

ADDRESS
450 CIVIC CENTER PLAZA, RICHMOND, CA 94804

STATE OF CALIFORNIA
Agency Name: Office of Planning and Research (“the OPR”)/ Strategic Growth Council (“the SGC”)

BY (Authorized Signature)

Date Signed

PRINTED NAME AND TITLE OF PERSON SIGNING

134
State of California [Name of Grantee]
Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

ADDRESS

135
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Table of Contents
Exhibit A, Scope of Work ________________________________ ____________________________ 3

1. Transformative Climate Communities Program Background ____________________ 3

2. Eligible Implementation Technical Assistance Activities _________________________ 3

3. Authorized Signatories ______________________________________________________ 4

4. Representatives _____________________________________________________________ 4

5. Grantee Duties ______________________________________________________________ 5

6. Document Submission _______________________________________________________ 6

7. Reporting Requirements _____________________________________________________ 6 Attachment 1: Authorized Signatory Form ________________________________ ___________ 7 Attachment 2: Work Plan ________________________________ ___________________________ 9 Attachment 3: Final Report ________________________________ ________________________ 11 Exhibit B, Budget Detail and Payment Provisions ________________________________ ____ 13

1. Payment ___________________________________________________________________ 13

2. How to Submit Invoices _____________________________________________________ 14

3. Invoice Dispute ____________________________________________________________ 15

4. Budget Contingency Clause _________________________________________________ 15

5. Cost Principles _____________________________________________________________ 15

6. Travel Reimbursement ______________________________________________________ 16

7. Amendments ______________________________________________________________ 16

8. Work Plan and Budget Modifications ________________________________________ 17 Attachment 4, Budget Detail Worksheet ________________________________ ____________ 18 Attachment 5, Invoice ________________________________ _____________________________ 19 Attachment 6, Invoice Dispute Notification ________________________________ __________ 22 Attachment 7: Advance Pay Request Form ________________________________ __________ 24 Exhibit C, General Terms and Conditions ________________________________ ____________ 28

1. Approval __________________________________________________________________ 28

2. Amendment _______________________________________________________________ 28

3. Assignment ________________________________________________________________ 28

4. Records Retention __________________________________________________________ 28

5. Audit ______________________________________________________________________ 28

6. Indemnification ____________________________________________________________ 29

7. Disputes ___________________________________________________________________ 29

8. Independent Grantee _______________________________________________________ 29

9. Non-Discrimination Clause __________________________________________________ 29

10. Timeliness _________________________________________________________________ 30

11. Governing Law _____________________________________________________________ 30

12. Unenforceable Provision ____________________________________________________ 30 Exhibit D, Special Terms and Conditions ________________________________ ____________ 31 136
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Table of Contents

1. Compliance with Laws and Regulations ______________________________________ 31

2. Subcontractors _____________________________________________________________ 31

3. No Third-Party Beneficiaries ________________________________________________ 31

4. Project Monitoring and Oversight ___________________________________________ 31

5. Dispute Resolution _________________________________________________________ 31

6. Termination _______________________________________________________________ 32

7. Waiver of Rights ___________________________________________________________ 33

8. Insurance Requirements ____________________________________________________ 33

9. Stop Work _________________________________________________________________ 34

10. Publicity ___________________________________________________________________ 34

11. Drug-Free Workplace Certification ___________________________________________ 35

12. Americans with Disabilities Act ______________________________________________ 35

13. Air/Water Pollution Violation Certification ___________________________________ 35

14. Payee Data Record Form - STD 204 __________________________________________ 36 Exhibit E, TCC Communications Kit ________________________________ _________________ 37 137
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit A, Scope of Work
Exhibit A, Scope of Work

1. Transformative Climate Communities Program Background Both Public Resources section 75242(b) and the Round 4 Transformative Climate Communities Program Guidelines, require SGC to provide the Grantee with technical assistance to assist in the implementation of the TCC Project.

The Office of Planning and Research / Strategic Growth Council (“the SGC”) enters into this Grant Agreement with the City of Richmond (“Grantee”) for funding to retain technical assistance providers (“Provider”) to assist in the implementation of the Richmond Rising:

Implementation Technical Assistance. The SGC and Grantee are collectively referred to as “Parties.”

2. Eligible Implementation Technical Assistance Activities A. The Scope of Work
These funds must be used to assist the Grantee and partners in successfully carrying out the TCC Project implementation. The Technical Assistance provider will perform the work set forth in Attachment 2. This will be referred to as the “Technical Assistance” throughout this Agreement.

Eligible Technical Assistance activities for hired staff or contractors include, but are not limited to, the following:
i) Technical support for implementation of the TCC Project, such as providing subject area expertise;
ii) Project management support to oversee progress of projects and plans implementation, and/or developing processes to collect indicator tracking data and reimbursement documents;
iii) Liaison communications between Grantee and the SGC, the Department of Conservation (“DOC”), and the California Air Resources Board (“CARB”); and iv) Identifying other resources for projects that could complement the TCC program objectives, such as attracting investors to the TCC Project area or applying for other grant opportunities in the TCC Project area.

B. Qualifications for the Technical Assistance Provider Grantee shall ensure that the Technical Assistance provider possess the expertise necessary to provide technical assistance in the areas of need defined by the Grantee in the work plan.

C. Hiring Procedures
Grantee must adhere to its own internal hiring processes when posting for Technical Assistance staff positions or comply with its own competitive bidding and sole sourcing requirements for hiring a contractor.
138
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit A, Scope of Work
To ensure that the Technical Assistance provider will have the necessary qualifications to perform the duties required under this Grant Agreement, Grantee will consult with the Strategic Growth Council in development of the duty statement or scope of work used to hire the Technical Assistance provider.

Grantee will not be reimbursed for Technical Assistance providers that were hired if the Strategic Growth Council was not consulted with for the development of the duty statement/scope of work.

D. Trainings
Grantee agrees to require that the Technical Assistance provider participate in tailored trainings provided by the SGC or DOC that will provide information on TCC Program goals, expectations of the outcome, other available state funding sources, and the reimbursement process.

E. Grant Term
The Grant Term for the Grant Agreement is upon execution and continues through December 31, 2025. All work must be completed no later than June 30, 2025; SGC will not reimburse the Grantee for costs or expenses incurred thereafter. The final invoice must be submitted no later than October 31, 2025.

3. Authorized Signatories
The Executive Director or designee is authorized to sign this Grant Agreement and grant- related documents on behalf of the SGC.

Grantee’s Authorized Signatory or designee is authorized to sign this Grant Agreement and grant-related documents as shown in the Authorized Signatory Form (Attachment 1).

Grantee must keep Authorized Signatory Forms up to date. Within seven (7) working days of any change to the authorized signatory or to the delegated authorized signatory, Grantee shall notify the SGC in writing of the change. The written notice shall be sent as an email attachment to be filed with the Grant Agreement.

4. Representatives
The representatives are the contact people for the SGC and Grantee. The representatives during the term of this Grant Agreement are:

The SGC
Name Title Phone Number Email
Jessica Ison Grant
Manager*
(916) 324-9775 [email protected]
139
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit A, Scope of Work
Amar Cid TCC
Program
Manager
(916) 324-9775 [email protected]
*Unless otherwise stated within this Grant Agreement, all correspondence and documents to the Strategic Growth Council will be sent to the Grant Manager as described in Document Submission (Exhibit A, Section 6).

The Grantee
Name Title Phone
Number
Email
Lina Velasco Director of
Community
Development
(510) 620-
6841
[email protected]
Beatriz Guerrero
Auna
Project
Coordinator
(510) 620-
5450
[email protected]
The SGC and Grantee must keep the Project Representative(s) up to date. Any changes to the Project Representatives by either the Grantee or the SGC shall be made by providing seven (7) working days advance written notice to the other party. The written notice shall be sent as an email attachment to be filed with the Grant Agreement.

5. Grantee Duties
Grantee shall:

A. Use grant funds from this Grant Agreement for Implementation Technical Assistance.

B. Ensure the selected Provider completes work on time and within budget. This includes meeting all milestones and deliverables, as described in the Work Plan (Attachment 2) and in accordance with the Budget Detail Worksheet (Attachment 4), unless otherwise agreed to by all parties through the amendment process described in Exhibit B, Section

7. C. Submit invoices for reimbursement using the Invoice (Attachment 5) template, including any supporting documents.

D. Submit a final report with the last invoice, using the Final Report template (Attachment 3).

E. Comply with all terms and conditions of this Grant Agreement, including all incorporated documents.

F. Comply with statutes, rules, and regulations applicable to this Grant Agreement. 140
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit A, Scope of Work
G. Maintain an accounting system that accurately reflects all fiscal transactions and provides accounting information, retaining all records and required documents as specified in Exhibit C, Section 4, and providing all required documents during an audit, as specified in Exhibit C, Section 5.

6. Document Submission
A. Email
When this Grant Agreement requires Grantee to send invoices, reports, or other documents to the SGC, Grantee must use the online submission platform and email unless this Grant Agreement specifically requires that the document be sent by mail. All email must contain the Grant Agreement number and Grantee’s name in the subject line.

B. Mail Service/Courier Service
Correspondence and documents submitted through mail, certified mail, or courier service must use the following address:

California Strategic Growth Council
1400 10th Street
Attn: [Grant Manager]
Sacramento, CA 95814

7. Reporting Requirements
When the Project is completed, Grantee must submit a Final Report with the last invoice. To complete and submit the Final Report:

A. Submit the Final Report with the last invoice. If Grantee does not submit the Final Report with the last invoice, then the last invoice will be considered incomplete and returned following process specified in Exhibit D, Section 5.

B. Use the Final Report Template, which is attached as Attachment 3.

C. Make sure the Final Report is signed by the person authorized to sign on the most current Authorized Signatory Form (Attachment 1).

D. Put enough detail in the Final Report to show that Grantee fulfilled the terms of the Grant Agreement and should be paid for completing the project. 141
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 1: Authorized Signatory Form
Attachment 1: Authorized Signatory Form

I hereby verify that I am an authorized Grantee representative and signatory and, as such, can sign and/or delegate authorization to sign and bind Grantee as it relates to the above- referenced Grant Agreement and grant related documents.

Grantee Authorized Signatory:

Name: Shasa Curl Title: City Manager
(Type or Print Name)

Signature: Date:

Delegated Authorized Signatories:

1. Name: Lina Velasco Title: Director of Community Development (Type or Print Name)

Signature: Date:

Document(s) Authorized to sign:
 All Grant Related Documents or  Grant Agreement
 Grant Amendments  Budget Amendments  Reports
 Invoices  Other ______

2. Name: Nickie Mastay Title: Deputy City Manager
(Type or Print Name)

Signature: Date:

Document(s) Authorized to sign:
 All Grant Related Documents or  Grant Agreement
 Grant Amendments  Budget Amendments  Reports
 Invoices  Other ______
142
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 1: Authorized Signatory Form

143
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 2: Work Plan
Attachment 2: Work Plan

TASK 1: Grantee Support – Analyst Onboarding Deliverables and Performance Measures
Timeline
[Start and End Date]
Consultant will continue to support the City and the partners through the onboarding of the TCC Analyst. Consultant will orient the new staff person to the projects, introduce them to the partners, and support project management and grant administration including invoicing and reporting. This will include regular meetings with the City staff team, grant project and plan teams, and SGC as well as production of invoice and report materials that meet SGC’s specifications.

Performance Measures:

Analyst Onboarding
February 2024 to April 2024
TASK 2: CEP Support – CSC Agenda and Presentations
Consultant will assist in the development of meeting agendas for up to four (4) Collaborative Stakeholder Committee meetings. Consultant will develop a presentation template for these meetings as well as populate the template for up to four (4) meetings.

Presentation template,
meeting presentations
February 2024 to June 2024
TASK 3: CEP Support – Website
Consultant will produce a Richmond Rising website that uses the core messaging and updated graphics to orient visitors to the projects and plans, enables project area residents to sign up for emails, and may include an interactive element such as a survey.

Deliverables: Published
website
Performance
Measures: website
published before Public
Kickoff event
February 2024 to April 2024
TASK 4: CEP Support – Public Kickoff
Consultant will assist with the planning and coordination for the TCC Public Kickoff Event. This will include attending event planning meetings, coordinating with partners on their role and contributions to the event, and production of posters and flyers for the event, as well as Consultant attendance at the event.

Deliverables: Updated
logo, updated pamphlet,
invitation postcard design

March 2024 to April 2024
144
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 2: Work Plan
TASK 5: Project 3 Support – Technical Assistance
Assist Project 3 Project Lead during the Predevelopment phase of Project 3: E-Bike Lending Library project, providing continued guidance and training to Project staff during the design, permitting, and bidding processes.

Performance
Measures: completion of
predevelopment phase
within TCC Grant Year
March 2024 to end of grant
term
The Parties may make minor changes to the timeline and deliverables due without the requirement of an amendment. See Exhibit B, Sections 7 and 8.
145
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 2: Work Plan
Attachment 3: Final Report
Final Report FY 23-24
Grantee Name: Grant Number:

TCC Project Name:

Project Summary

1. Provide a brief summary of the technical assistance needs provided for the TCC Project’s implementation and the work completed under this grant.

Barriers and Accomplishments

2. Describe any goals or objectives that could not be met, as listed in the work plan, and the actual results. Describe any barriers that impeded the progress of the grant, any corrective actions taken, and the outcomes. Discuss how these lessons learned can be useful for other TCC communities.

3. Describe any notable outcomes, findings or conclusions. Report on successful strategies used to achieve the results and how these lessons learned can be useful to other TCC communities.

4. Describe how the Technical Assistance provider and Grantee communicated and managed the work plan and needs that emerged over the course of the grant.

Future Implementation

5. Describe how this grant has impacted the implementation of the TCC Project. Explain:
a. How the work completed under this grant will further the TCC Project’s sustainability goals and strategies.
b. How the work completed under this grant will assist the Grantee in future climate resiliency and community development initiatives.

Feedback

6. Based on your experience with implementation technical assistance, please provide feedback about how SGC can improve future grant programs.

7. Based on the Technical Assistance provider’s experience with integrating into the TCC implementation process, please provide feedback from the provider on the onboarding process from SGC and the Grantee, including:
a. The provider’s ability to get acquainted with the Program b. Helpful onboarding or orientation to the program
c. Improvements in the future.

Attachments
146
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 2: Work Plan

8. Attach any relevant documents to this report, including annual reports and final reports, Technical Assistance materials, plans, photos, etc. If the documents cannot be sent electronically, notify the Grant Manager.

CERTIFICATION: I certify that this Final Report is accurate and that this project complies with the Agreement. I further certify that any expenditure discussed in this report is allowed under the Agreement and that all funds were expended for the purposes of this Project.

Agreement and that all funds were expended for the purposes of this Project.

Name: Title:
(Type or Print Name)

Signature: Date:
147
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit B, Budget Detail and Payment Provisions
Exhibit B, Budget Detail and Payment Provisions

1. Payment
A. Except as may be allowed under subsection (B), Grantee will be paid on a reimbursement basis.
i. To receive reimbursement payments of grant funds, Grantee must submit an invoice. ii. Upon receipt and approval of an itemized invoice and required supporting documentation, the SGC agrees to reimburse Grantee for actual expenditures for tasks completed, in accordance with the rates specified in the Budget Detail Worksheet (Attachment 4).
iii. The SGC may withhold final payment until all terms of the Grant Agreement have been satisfied.
iv. The SGC will not reimburse for funds spent on activities that occur prior to grant execution.
v. Invoices may be submitted by the Grantee no more frequently than quarterly (once every 3 months) or as a single invoice at the end of the grant term. Please note, Grantees utilizing advance pay are required to submit progress reports (these progress reports can also include invoices requesting reimbursement payment) no less than on a quarterly basis.
vi. For cost principles, see Exhibit B, Section 5.

B. Advance Pay
i. Through an Advance Pay Pilot Program, SGC is authorized to provide Grantees advance payments of TCC grant awards through July 1, 2025.1 SGC may approve advance payments under this grant at its sole discretion. All requests for advance payments shall be submitted to SGC in writing and utilize the Advance Pay Request form (Attachment 7: Advance Pay Request Form), along with complete documentation of the Grantee’s eligibility for advance payments in accordance with Government Code section 11019.1(c)(2)(A) (as further described below). Any material changes to the request form must be reported to SGC in writing within 30 days.

Advance payments shall not exceed 25% of the total grant award unless the Grantee demonstrates that a larger advance is needed and provides sufficient justification and documentation. All advance payments and the amount of any advance payment is subject to SGC’s sole discretion.
ii. Grantees requesting advance payments under this subsection shall, in their written request, provide complete documentation of their eligibility for advance payments under Government Code section 11019.1(c)(2)(A), as follows:
a. Confirm that SGC has approved Grantee’s itemized budget, spending timeline, and workplan;

1 Added by Statutes of 2022, Chapter 569, Section 15 (AB 156). 148
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit B, Budget Detail and Payment Provisions
b. Identify the activities to be funded with any advance payment and provide support for the need for the advance payment, which may include but is not limited to, invoices, contracts, estimates, payroll records, and financial records; c. Have no outstanding financial audit findings related to any of the moneys eligible for advance payment and be in good standing with the Franchise Tax Board and Internal Revenue Service;
d. Confirm compliance with all insurance terms of the grant agreement; e. Demonstrate that all funds received as an advance payment will be deposited into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest shall be deemed to be grant moneys, subject to federal laws and regulations, and Grantee shall report interest earned on the advance payment to SGC; f. Describe procedures Grantee will use to minimize the amount of time that elapses between the transfer of funds and the spend down of those funds by the Grantee. Further, Grantee shall demonstrate that any previously advanced funds have been spent down or a plan is in place to ensure spend down of those funds in a timely manner;
g. Confirm that Grantee shall provide progress reports on the spend down of advanced funds no less than on a quarterly basis; and
h. Confirm that Grantee shall provide progress reports following the expenditure of an advance payment that includes a summary of work completed, proof of expenditure, and other associated information.
iii. Grantee shall provide money from advance payments to subrecipients in accordance with their grant program requirements. Grantee shall require all entities they subcontract with or award grant money to comply with (f), (g), and (h) of the eligibility requirements listed above. Regardless of any transfer or assignment of advance payments to subrecipients, Grantee shall be liable to the SGC for compliance with this paragraph and for any failures by subrecipients to perform contractual obligations or to comply with the requirements of this section. iv. All unused funding and interest earned provided as an advance payment, but not spent down within the grant timeline, shall be returned to the state.

2. How to Submit Invoices
A. Grantee must submit the invoices to the online submission platform. Following submission, Grantee must email the Invoice (PDF) to [email protected] and copy the TCC Grant Managers on the email. Include the Grant Agreement number and Grantee’s name in the subject line.

B. Grantee shall submit invoices no more frequently than quarterly, in arrears, to the Grant Manager. A request for payment shall consist of:
149
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit B, Budget Detail and Payment Provisions
i. The Invoice (Attachment 5) on official letterhead and signed by the Authorized Signatory, or authorized designee on file with the SGC (Exhibit A, Section 3), certifying the expenditures are for actual expenses for the tasks performed under this Grant Agreement.
ii. Each cost category and task must correspond to a cost category and task identified in the Budget Detail Worksheet (Attachment 4).
iii. Supporting documentation for reimbursement of funds. Records documenting the completion of individual tasks and deliverables, an estimate of the time spent performing the work, identification of the relevant staff, and the time period over which the work was performed. Examples of acceptable supporting documentation includes but is not limited to: transaction detail reports, payroll reports, time sheets and ledger transactions.
iv. All records must reflect the actual time or money spent, rather than that which was planned or budgeted.

C. Supporting documentation (e.g., timesheets, activity logs, cancelled checks) for matching funds does not need to be submitted to the SGC but should be retained by Grantee in the event of an audit (Exhibit C, Section 5).

D. At any time, the SGC may request hard copies of invoices, reports, supporting documentation, and evidence of progress.

3. Invoice Dispute
In the event of an invoice dispute, see Exhibit D, Section 5.

4. Budget Contingency Clause
A. If the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall have no further force nor effect. In this event, the SGC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the SGC shall have the option to either cancel this Grant Agreement with no liability occurring to the SGC or offer an amendment to reflect the reduced amount.

5. Cost Principles
A. Direct staff, supplies, and materials costs as set forth in the Budget Detail Worksheet (Attachment 4); travel expenses in accordance with Exhibit B Section 6; and indirect costs totaling no more than twelve percent (12%) of the total grant award are eligible for reimbursement.
150
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit B, Budget Detail and Payment Provisions
B. The SGC will reimburse Grantee only for actual expenses incurred during the term of this Grant Agreement, as specified in the Budget Detail Worksheet (Attachment 4).

6. Travel Reimbursement
Travel expenses directly related to the performance of this Grant Agreement will be subject to the State of California travel reimbursement rates in effect during the term of this Grant Agreement.

A. The SGC will only reimburse for actual expenditures incurred for in-state travel as specified here:
i. Accommodation-related travel costs: maximum reimbursement rates based on county as shown here: https://www.calhr.ca.gov/employees/pages/travel- reimbursements.aspx , with no option for approval of an “excess lodging rate.” Hotel bill is required as supporting documentation for hotel-stay reimbursement.

Confirmation booking printouts are not acceptable.
ii. Mileage will be reimbursed at the Reimbursement Rate per Mile for Personal Vehicle as shown here: https://www.calhr.ca.gov/employees/pages/travel- reimbursements.aspx . Google Maps Directions printout required as supporting documentation to show roundtrip start and end locations for mileage reimbursement.
iii. Train or airfare will only be reimbursed to attend meetings with the Strategic Growth Council, and then only if it is the typical method used to get from one location to the other.
iv. No other travel-related costs will be reimbursed through this grant program. v. The SGC will only reimburse for actual expenditures incurred for in-state travel related to the implementation of this grant. Tips and gratuities are not reimbursable items, and must not be included in the total amount for an invoice.

B. Grantee shall maintain, and submit upon request, detailed travel records and supporting documents (e.g., travel request and approval forms, expense claims, invoices, receipts for lodging and transportation) showing the date and purpose of the grant-related travel, destination, and, in the case of travel by automobile, the number of miles driven.

C. Grantee shall ensure travel costs are included in the Budget Detail Worksheet (Attachment 4) and are tied to tasks and deliverables in the Work Plan (Attachment 2).

D. Grantee and any person traveling pursuant to this Grant Agreement shall indemnify and hold harmless the SGC and State of California for any liabilities resulting from such travel.

7. Amendments
A. This section applies to any changes to this Grant Agreement, excluding the following:
a. Changes to the Authorized Signatory Form (Attachment 1). For changes to the Authorized Signatory Form see Exhibit A, Section 3.
151
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit B, Budget Detail and Payment Provisions
b. Changes to project representatives, see Exhibit A, Section 4. c. Changes to the Work Plan and Budget Detail Worksheet, see Exhibit A, Attachment 2, Exhibit B, Attachment 4, and Exhibit B, Section 7.

B. Except as otherwise specified, Grantee must request and obtain prior written approval before any change (amendment) to this Grant Agreement is valid.

C. Request for amendments must:
i. Be prepared, in writing, on official letterhead and signed by the Authorized Signatory or designee on file with the SGC.
ii. Be submitted to the Grant Manager at least two (2) months prior to when the amendment is needed.
iii. Include the Grant Agreement number, a detailed explanation of the proposed amendment, reason for the amendment, and the effect of not approving the request. iv. Include a copy of the document(s) requested for amendment that shows the requested changes.

D. The Grant Manager will respond in writing within fifteen (15) working days from receipt of request to approve or deny the request for amendment, including the reason for the decision.

E. The Grant Manager will process amendments within thirty (30) days of the approval date.

The amendment will not be in effect until both parties have signed the Grant Agreement amendment.

8. Work Plan and Budget Modifications
A. The Grantee must create a basic Work Plan and Budget. Grantee must keep the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4) up to date. Grant Manager must be kept informed of any changes that are being made.

B. Changes up to ten percent (10%) between tasks shall be made by providing written notice with or before submission of an invoice. Changes up to twenty percent (20%) require written approval from the Grant Manager.

C. Changes to the deliverable due dates and minor changes to subtask descriptions shall be made by providing written notice with or before submission of an invoice.

D. Material changes to the Work Plan and Budget shall follow the amendment process, specified in Exhibit B Section 8, including:
i. Changes of more than twenty percent (20%) between tasks ii. Elimination or alteration of tasks or deliverables
152
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 4: Budget Detail Worksheet
Attachment 4, Budget Detail Worksheet
Task Requested Grant Funds
Task 1: Grantee Support – Analyst Onboarding $46,000
Task 2: CEP Support - CSC Agenda and Presentations $19,000 Task 3: CEP Support – Website $10,000
Task 4: CEP Support - Public Kickoff Coordination $14,000 Task 5: Project 3 Support – Rich City Rides Technical Assistance $56,000 Reimbursable Expenses $5,000
Total $150,000
The Parties may make minor changes to the Budget without the requirement of an amendment. See Exhibit B, Sections 7 and 8.

153
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 5: Invoice
Attachment 5, Invoice

Strategic Growth Council Date:

Transformative Climate Communities Program
Email required invoice documents to: [email protected] and cc the Grant Manager.

Invoice Number:

Grantee Name: Grant Number:

Project Name:

Invoice Period (Start Date) (End Date)

Cost Category Task #1 Task #2 Task #3 Task #4 Total
Personnel (Salaries
and Fringe
Benefits)

Materials and
Supplies
Equipment
Travel
Sub-awardees
Other direct costs
Indirect costs
Current Invoice
Total
Advance Pay
Deduction
Total
Reimbursement
Requested

Cumulative Total
Allocated Total

Advance Pay Summary
Advance Received: ________________________________
154
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 5: Invoice
Advance Balance: _________________________________
Current Invoice: ____________________________________
Amount Paid Via Invoice: ___________________________
Remaining Advance Balance: _______________________
Interest Earned: _____________________________________
Progress Report:

Work Plan Task # Description of Work Completed

Please refer to specific deliverables in the Budget and Work Plan.

1. Describe how the Provider supported the Grantee with the activities indicated in the scope of work.

2. Describe key accomplishments, activities, or trips.

3. Describe any challenges or obstacles encountered and plans to address those.

4. Do you anticipate any modifications to your Work Plan or Budget in the next few months?

5. Do you need any additional support from the Strategic Growth Council in the next few months?

CERTIFICATION: By my signature below, I certify that I have full authority to execute this payment request on behalf of Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.

Print Name: Print Title:

Signature: Date:
155
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 5: Invoice

156
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 6, Invoice Dispute Notification
Attachment 6, Invoice Dispute Notification

INVOICE DISPUTE NOTIFICATION

INVOICE DATE

GRANTEE

ADDRESS

INVOICE NUMBER

INVOICE AMOUNT

$

DATE INVOICE RECEIVED

GRANT AGREEMENT NUMBER

The invoice referenced above is disputed for the following reasons:
☐ Request reimbursement for expenses not in the Budget Detail ☐ Invoiced for indirect cost reimbursement ☐ Invoiced for incidental costs or travel costs outside of California ☐ Work performed prior to the Grant start or end date ☐ Insufficient evidence of progress made or task completion ☐ Invoice submitted without using required templates ☐ Insufficient supporting document for reimbursement ☐ Progress Report or Final Report not included with invoice
☐ Invoice not submitted by 5:00 p.m. on the required due date ☐ Request reimbursement through another funding source
☐ Other not listed above:

Comments:

THIS NOTIFICATION IS A FOLLOW UP TO A PHONE CONVERSATION WITH THE GRANTEE OR DESIGNEE WHOSE NAME APPEARS BELOW.

NAME

DATE OF

CONVERSATION

IF YOU HAVE ANY QUESTIONS REGARDING THIS DISPUTE, CONTACT:

NAME
TELEPHONE NUMBER (include Area Code)

STATE OF CALIFORNIA USE ONLY

RETURN A COPY OF THIS NOTIFICATION WITH THE
CORRECTED INVOICE TO:

Grant Manager
Transformative Climate Communities Program
1400 10th Street
Sacramento, California 95814

DATE DISPUTE RESOLVED INITIALS

157
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 6, Invoice Dispute Notification

RESOLUTION

158
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 6, Invoice Dispute Notification
Attachment 7: Advance Pay Request Form
Instructions
This request form and an accompanying formal invoice for the requested advance pay amount must be provided for advance payment requests to be reviewed and approved. Grantee shall email the completed form and invoice to OPR/SGC’s Accounts Payable [email protected] with their DOC and SGC Grant Managers copied. Advance payments can be dispersed in one of two (2) ways:

1. A one-time advance payment for 25% of the total grant award.

2. Multiple, smaller installments that collectively equate to 25% of the total grant award.

Regardless of the dispersal method, advance payments cannot exceed 25% of the total grant award. Advance payments will be provided via check. Grantees can expect to receive payment within 45 days of properly submitted, undisputed invoices and advance pay request forms. Please provide the following information.

Make Check Payable To:

Grantee Organization Name [Replace with text]
Billing Address [Replace with text]
City, State, and Zip Code [Replace with text]
Attn: Contact Name [Replace with text]
Grant Agreement Details
Grant Program: [Insert text]
Grant Agreement Number: [Insert text]
Project Name: [Insert text]
Grantee or Fiscal Sponsor: [Insert text]
Contact Name: [Insert text]
Contact Email: [Insert text]

Advanced Payment Dispersal
Is this a one-time payment or smaller installment? [Insert text] Please note: if this is one of multiple installments, Grantee must submit a form for each request.

TOTAL AMOUNT REQUESTED AS ADVANCE PAYMENT: [Insert text] Total Grant Award: [Insert text]
What is the period this advance will cover? From through (Month/Year 159
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 6, Invoice Dispute Notification
Justification for Request & Overview of Anticipated Expenditures In the text box below, for each entity to receive advance pay (e.g., Grantee, Partners), please include a brief justification for this request and describe how the advanced funds requested will be used, including the amount provided to each entity. Applicant must discuss how this request for advance payment serves disadvantaged, low-income, and under-resourced communities and whether their organization operates with modest reserves and limited cashflow. If this advanced payment is an installment, please only include costs that will be covered in this specific period.

160
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Attachment 6, Invoice Dispute Notification

Authorized Signature
The information contained in this request form is accurate and complete. Partners indicated as recipients of the requested advance funding will be paid by the Grantee in a timely manner. The recipient hereby commits to the development of procedures to ensure that expenditure of advanced funds is done expeditiously and will furnish supporting documentation upon request by the Strategic Growth Council staff. Funds received as an advance payment will be deposited into a federally insured, interest-bearing account that provides the ability to track interest earned and withdrawals. Any accumulated interest will be deemed grant moneys and earned interest will be reported to OPR/SGC. Changes to the information contained in this form will be reported to the OPR/SGC Grant Manager in writing within 30 days.

Name: Signature: Date:

---------------------FOR TCC PROGRAM INTERNAL USE ONLY--------------------- DOC Approval
Grant Manager Name: [Insert text]
Approve (Y/N):

Modify Approve: [Insert text - Why is the approved amount modified?] Approved Modified Amount: [Insert text]
Signature: [Insert text] Date: [Insert text]
SGC Approval
Grant Manager Name: [Insert text]
Required Advance Pay Documentation in SGC Possession (Y/N)? Approve (Y/N):

Modify Approve: [Insert text - Why is the approved amount modified?] Approved Modified Amount: [Insert text]
161
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit C, General Terms and Conditions
Signature: [Insert text]
Date: [Insert text]
162
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit C, General Terms and Conditions
Exhibit C, General Terms and Conditions

1. Approval
This Grant Agreement is of no force or effect until signed by both parties. Grantee may not commence performance until such approval has been obtained.

2. Amendment
No change to this Grant Agreement shall be valid unless made in accordance with Exhibit A, Section 3 or 4, or Exhibit B, Section 7. No oral understanding or change not incorporated in this Grant Agreement is binding on any of the parties.

3. Assignment
This Grant Agreement is not assignable by Grantee, either in whole or in part, without the consent of the SGC in the form of an amendment.

4. Records Retention
A. Grantee shall establish an official file containing adequate documentation of all actions taken with respect to the Project, including copies of the Grant Agreement, changes, amendments, letters, email correspondence, financial records, and required reports for a minimum of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later.

B. Grantee shall adequately protect all records, physical and electronic, from loss, damage, or destruction during the four (4) year retention period.

5. Audit
A. Grant funded projects are subject to audit by the State of California during the grant term and for up to four years following the termination of the grant agreement. Grantee agrees that the SGC, DOC, Department of Finance, Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant Agreement. The audit may consist of examining and auditing pertinent books, documents, papers, and records including financial transactions and supporting documents, general accounting systems, internal controls, management practices, policies, and procedures pertaining to the performance of this Grant Agreement.

B. At any time, the SGC, DOC, Department of Finance, Bureau of State Audits, or their designated representative may request to review Grantee’s records to ensure proper grant management. Grantee shall be given advance notice when the grant-funded Project is selected for an audit or review by the SGC, DOC, Department of Finance, Bureau of State Audits, or their designated representative. Grantee agrees to allow the auditor(s) access to such records during normal business hours, excluding State of California holidays, and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the SGC to audit records and interview staff in any subcontract related to performance of 163
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit C, General Terms and Conditions
this Grant Agreement in accordance with Government Code section 8546.7. Grantee shall comply with the above and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 10115.10.

6. Indemnification
Grantee agrees to indemnify, defend, and hold harmless the State of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all Grantees, partners, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Grantee in the performance of this Grant Agreement.

7. Disputes
Grantee shall continue with the responsibilities under this Grant Agreement during any dispute.

8. Independent Grantee
Grantee, and the agents and employees of Grantee, in the performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the SGC.

9. Non-Discrimination Clause
During the performance of this Grant Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Grantee and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Grant Agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Grant Agreement. 164
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit C, General Terms and Conditions

10. Timeliness
Time is of the essence in this Grant Agreement. The SGC and Grantee will work collaboratively to ensure this Grant Agreement is administered in a timely fashion.

11. Governing Law
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

12. Unenforceable Provision
If any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby.

165
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit D, Special Terms and Conditions
Exhibit D, Special Terms and Conditions

1. Compliance with Laws and Regulations
By signing this Grant Agreement, Grantee certifies that it shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits and shall secure any new permits required by authorities having jurisdiction over the Project(s), and maintain all presently required permits. Grantee shall ensure that any applicable requirements of the California Environmental Quality Act are met in order to carry out the terms of this Grant Agreement.

2. Subcontractors
The SGC’s contractual relationship is with Grantee, and not any of its subcontractors. Grantee is entitled to make use of its own staff and subcontractors, as identified in the Budget Detail Worksheet (Attachment 4), and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that arise out of or in connection with this Grant Agreement. Grantee shall manage, monitor, and accept responsibility for the performance of its own staff and subcontractors, and will conduct Project activities and services consistent with professional standards for the industry and type of work being performed under this Grant Agreement.

Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the SGC and any subcontractors, and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to the SGC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Grantee. Grantee's obligation to pay its subcontractors is an independent obligation from the SGC’s obligation to make payments to Grantee. As a result, the SGC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

3. No Third-Party Beneficiaries
This Grant Agreement is not intended for the benefit of any person or entity other than the parties, and no one other than the parties themselves may enforce any of the rights or obligations created by this Grant Agreement.

4. Project Monitoring and Oversight
Project monitoring and oversight is essential to ensure the Project stays within scope and is completed on schedule and within budget in accordance with this Grant Agreement.

5. Dispute Resolution
A. Invoice Disputes
i. In the event of an invoice dispute, the TCC Grant Manager will notify Grantee in writing within fifteen (15) working days of receipt of the disputed invoice. ii. During the dispute, both parties shall deal in good faith to resolve the dispute.

Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement.
166
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit D, Special Terms and Conditions
iii. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.

B. General Disputes
i. In the event of a dispute unrelated to the dispute of an invoice, Grantee shall first attempt to resolve the dispute with the Grant Manager.
ii. Both parties shall deal in good faith and attempt to resolve the dispute informally. iii. Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement during a dispute.
iv. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.

C. Contesting a Dispute Decision
i. If Grantee contests a decision made by the Grant Manager, Grantee may submit a written “Notice of Dispute” on official letterhead. The “Notice of Dispute” shall include:
 The Grant Agreement number
 A complete description of the basis for the dispute
 Legal authority or pertinent facts, supporting arguments and documentation  Action requested for resolution
The “Notice of Dispute” shall be sent to:

California Strategic Growth Council
Transformative Climate Communities Program
Attn: Program Manager
1400 10th Street
Sacramento, CA 95814
ii. Within 30 days after receipt of the “Notice of Dispute,” the Division Director shall review the dispute and submit a written decision to Grantee, which shall include:
 The decision made
 An explanation for the decision
 Whether the decision shall be conclusive and binding or can be appealed and the steps to take to appeal the decision

6. Termination
A. Completion of Project. This Grant Agreement shall terminate upon completion of the project and payment of the last invoice.

B. Early Termination. Either Party may terminate this Grant Agreement upon thirty (30) days advance written notice by certified mail to the other Party. The notice shall specify 167
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit D, Special Terms and Conditions
the reason for early termination and may permit Grantee or the SGC to rectify any deficiency(ies) prior to the early termination date.

7. Waiver of Rights
A. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the SGC, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Grant Agreement.

B. Grantee waives all claims and recourses against the SGC, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Grant Agreement, except claims arising from the gross negligence of the SGC, its officers, agents, and employees.

C. None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing.

8. Insurance Requirements
A. Grantee that is a governmental organization may provide evidence of sufficient self- insurance to satisfy the insurance requirements below.

B. If Grantee is not a governmental organization or is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements:
a. Grantee must ensure the following insurance policies are obtained and kept in force for the term of this Grant Agreement, with no lapses in coverage, that cover any acts or omissions of Grantee and its employees engaged in carrying out any tasks specified in this Grant Agreement:
i. Workers’ Compensation Insurance in an amount of not less than the statutory requirement of the State of California (California Labor Code § 3700 et seq.).
ii. Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined.
iii. Motor vehicle liability with limits not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance shall cover liability arising out of a motor vehicle including owned or hired, and non-owned motor vehicles. b. Insurance policies must name the State of California, its officers, agents, employees, and servants as additional insured parties for the commercial general liability and automobile liability insurance, but only with respect to work performed under this Grant Agreement.

C. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted to the TCC Grant Manager within sixty (60) calendar days of the Grant Agreement signature. No request for advance payment will be issued until the Certificate of Insurance is received by SGC. The grant number must be included on each submitted Certificate of Insurance.

D. Grantee must notify the TCC Grant Manager prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change 168
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit D, Special Terms and Conditions
in coverage amount, or change in carrier. Grantee shall submit proof of new or updated policy based on insurance requirements within thirty (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Grant Agreement.

E. Grantee is responsible for determining the appropriate level of insurance, if any, for its Partners or subcontractors.

9. Stop Work
If it is determined, at the sole discretion of the SGC, that Grantee is not meeting the terms and conditions of this Grant Agreement, immediately upon receiving a written notice through certified mail from the SGC to stop work, Grantee shall cease all work under this Grant Agreement. The SGC has the sole discretion to determine that Grantee meets the terms and conditions after a stop work order, and to send through certified mail a written notice to Grantee to resume work under this Grant Agreement.

10. Publicity
A. Grantee agrees that it will acknowledge SGC in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the TCC grant. SGC staff will provide SGC logo files and guidance on their usage directly to Grantee. Grantee agrees to adhere to the TCC Communications Kit provided by SGC (Exhibit E). If Grantee is planning an event or announcement, needs sample materials, or needs assistance or advice regarding digital or print materials, press, social media, and/or general communications, please contact your TCC Grant Manager.

B. Long-Form Materials: Long-form written materials, such as reports, must include the following standard language about SGC and TCC:
. The Transformative Climate Communities (TCC) Program funds community-led development and infrastructure projects that achieve major environmental, health and economic benefits in California’s most disadvantaged communities. TCC empowers the communities most impacted by pollution to choose their own goals, strategies and projects to enact transformational change – all with data-driven milestones and measurable outcomes. This program is administered by the California Strategic Growth Council (SGC) which coordinates the activities of State agencies and partners with stakeholders to promote sustainability, economic prosperity, and quality of life for all Californians. www.sgc.ca.gov.

C. Press Releases, Flyers, and Visual Materials: Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, some flyers, etc., should include following language:
. “[Project Name] is supported by California Strategic Growth Council’s Transformative Climate Communities program with funds from California’s General Fund.

Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging SGC support is not practical, 169
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit D, Special Terms and Conditions
Grantee should instead include the official logo of SGC, preceded by the words “Funded by.”

11. Drug-Free Workplace Certification
In signing this Grant Agreement, Grantee certifies that it will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

B. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations.

C. Every employee who works on this Grant Agreement will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on this Grant Agreement.

Failure to comply with these requirements may result in suspension of payments under this Grant Agreement or termination of this Grant Agreement or both, and Grantee may be ineligible for award of any future State of California agreements if the SGC determines that any of the following has occurred: Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above (Gov. Code §8350 et seq.).

12. Americans with Disabilities Act
Grantee assures the SGC that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

13. Air/Water Pollution Violation Certification
Under State of California laws, Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
170
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit D, Special Terms and Conditions

14. Payee Data Record Form - STD 204
This form must be completed by all Grantees that are not another state agency or other governmental entity.

171
State of California City of Richmond
California Strategic Growth Council SGCXXXXX
Transformative Climate Communities Program Implementation Technical Assistance Grant

Exhibit E, TCC Communications Kit
Exhibit E, TCC Communications Kit
[Insert TCC Communications Kit here.]
172

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

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

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
173

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

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

Date Signed:

B y :

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
174
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

175

Lina Velasco, Director of Community Development
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Subject: TCC Grant Support – Technical Assistance and Ongoing City Support Dear Lina:

We are excited to continue to assist with tasks related to the Round 4 TCC grant that the City has been awarded.

The following describes the scope and fee for additional assistance from PlaceWorks as Technical Assistance for transition and launch support , development of key materials for the Community Engagement Plan, and construction coordination for E-Bike Lending Library.

Scope of Work
Task 1. Technical Assistance ($150k)
Task 1.1 Grantee Support – Analyst Onboarding
PlaceWorks will continue to support the City and the partners through the onboarding of the TCC Analyst .

PlaceWorks will orient the new staff person to the projects, introduce them to the partners, and support project management and grant administration including invoicing and reporting. This will include regular meetings with the City staff team, grant project and plan teams, and SGC as well as production of invoice and report materials that meet SGC’s specifications.

We assume that approximately 15-25 hours per week will be needed by PlaceWorks for this task during the months of February to April 2024.

Task 1.2 CEP Support – CSC Agenda and Presentations
PlaceWorks will assist in the development of meeting agendas for up to four (4) Collaborative Stakeholder Committee meetings. PlaceWorks will develop a presentation template for these meetings as well as populate the template for up to four (4) meetings.

We assume that approximately 20 hours per month will be needed by PlaceWorks for this task during the months of February to June 2024.

Task 1.3 CEP Support – Website
PlaceWorks will produce a Richmond Rising website that uses the core messaging and updated graphics to orient visitors to the projects and plans, enables project area residents to sign up for emails, and may include an interactive element such as a survey.

We assume that approximately 60 hours will be needed by PlaceWorks for this task during the months of February to April 2024.

176

December 21, 2023 | Page 2

Task 1.4 CEP Support – Public Kickoff
PlaceWorks will assist with the planning and coordination for the TCC Public Kickoff Event. This will include attending event planning meetings, coordinating with partners on their role and contributions to the event, and production of posters and flyers for the event, as well as PlaceWorks attendance at the event.

We assume that approximately 5-10 hours per week will be needed by PlaceWorks for this task during the months of March to April 2024.

Task 1.5 Project 3 Support – Rich City Rides Technical Assistance Assist Rich City Rides during the Predevelopment phase of Project 3: E -Bike Lending Library project, providing continued guidance and training to Rich City Rides staff during the design, permitting, and bidding processes.

PlaceWorks anticipates subcontracting with Jill Mercurio of Mercurio Engineering for this work.

177

December 21, 2023 | Page 3

Cost Estimate
The table below summarizes the estimated costs for the tasks described above.

PlaceWorks Costs
TASK 1 – TCC Grant Technical Assistance
1 Grantee Support – Analyst Onboarding $46,000
2 CEP Support - CSC Agenda and Presentations $19,000
3 CEP Support - Website $10,000
4 CEP Support - Public Kickoff Coordination $14,000
5 Project 3 Support – Rich City Rides Technical Assistance $56,000 Reimbursable Expenses $5,000
Subtotal $150,000
TOTAL $150,000

We look forward to continuing to work with you on the TCC Grant and its implementation. If you have any questions regarding the contents of this proposal, please do not hesitate to contact me.

Thank you,
PlaceWorks

Isabelle Minn
Principal
178
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 179
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

180
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 181
General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 182
General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 183
General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 184
General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

185
General Conditions/EJ/TE 01-19-11 6 of 13

13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 186
General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 187
General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 188
General Conditions/EJ/TE 01-19-11 9 of 13

under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 189
General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

190
General Conditions/EJ/TE 01-19-11 11 of 13

29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

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

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 191
General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

192
General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 193
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

194
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

195
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 1 of 3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
196
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 2 of 3

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

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

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

Required Policy Conditions
Additional Insured Endorsement

Applicable to General Liability coverage.

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

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

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

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

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

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

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

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

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

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

197
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies.

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

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

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

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

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

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

198

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

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

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

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

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

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

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

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

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

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

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

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

AUTOS ONLY
B
5,000,000
EPK144434
5,000,000
LOS-002212072-30
1,000,000
4,000,000
X
25674
4,000,000
Irvine, CA 92614
N
X
Comp/Coll Deductibles
BI & PD Ded. $5,000
07/01/2023
3 07/01/2024
07/01/2023
07/01/2024
BA1N96406A2343G
Errors & Omissions-Claims Made
B
5,000,000
5,000,000
Travelers Property Casualty Co. Of America
1,000,000
X
A
X
1,000
X
06/29/2023
07/01/2023
5,000,000
Certificate holder is included as additional insured where required by written contract with respect to General and Auto Liability. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General Liability. Waiver of subrogation is applicable where required by written contract with X
Contractors Pollution
Richmond, CA 94804
City of Richmond
respect to General Liability, Auto Liability, and Workers' Compensation.

X
A
CN115158923-01-01-23-24
Each Claim/Aggregate
5,000
07/01/2024
1,000,000
EX6J3287562343
Retro Dates: See 2nd Page
5,000,000
44520
50,000
1,000,000
07/01/2024
UB7K7286762343G
17901 Von Karman Avenue, Suite 1100
Marsh Risk & Insurance Services
X
(949) 399-5800; License #0437153
Attn: [email protected]/F: 212-948-4323 3 MacArthur Place, Suite 1100
PlaceWorks, Inc
Santa Ana, CA 92707
EPK144434
07/01/2023
450 Civic Center Plaza, 2nd Floor
X
X
07/01/2023
X
B X
07/01/2024
Crum & Forster Specialty Insurance Co
X
199
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Subject to policy terms, conditions, limitations and exclusions. 22 Other deductibles may apply as per policy terms and conditions.

Irvine
Limit: $371,000
Policy Dates: 7/1/23 - 7/1/24
Deductible: $1,000
Leased Rented Equipment
Insurer: Travelers Indemnity Co of Connecticut
Policy Number: P6607E376167TCT23
Certificate of Liability Insurance
CN115158923
Errors & Omissions Retro Dates:
1/1/87 - Design Community & Engineering Inc.

Marsh Risk & Insurance Services
3 MacArthur Place, Suite 1100
PlaceWorks, Inc
Santa Ana, CA 92707
25 7/1/99 - Planning Center, Inc.
200
Policy# BA1N96406A2343G - Effective 07/01/2023
201
Policy# BA1N96406A2343G - Effective 07/01/2023
202
Policy# BA1N96406A2343G - Effective 07/01/2023
203
Policy# BA1N96406A2343G - Effective 07/01/2023
204
Policy EPK-144434 Effective 7/1/203- 7/1/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLV.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

CONTRACTORS POLLUTION LIABILITY COVERAGE PART

SCHEDULE
�ame Of Addltlonal Insured Person{s) or Organlzatlon(s) Slanket when specifically required in a written con1ract with the named insured.

SECTION Ill -WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by •your worku for that insured which is perfonned by you or by those acting on your behalf.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

EN0111-0211 Page 1 of1 205
Policy EPK-144434 Effective 7/1/203 - 7/1/2024
· · _' . pan of tile FAIRE.U gtoup
THIS ENDORSEMENT .CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON--CONTRlBUTORY ADDITIONAL

INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under 1he following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
CON1 'RACTORS POLUJT"ION LIABILITY COVERAGE PA.RT

ERRORS AND OMISSIONS LIABILITY COVERAGE PART

THIRD PARTY POLLUTION LIABILITY COVERAGE PA,RT

SCHEDULE
Name of Additional Insured Person(sl or Oraanlzallonfs) Where Required byWritten Contract
A. SECTION Ill - WHO IS AN INSURED within the C:ommon Provisions is amended to include as an additional insured the person(s) or organization{s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by ''your work· for that person or organizafion performed by you, or by those acting on your behalf.

This insurance shall be primary and non-contributory, but only in the event of a: named lnsur:ed's sole negligence.

B. We waive any right of recovery we may have against the person(s) or organization{s) indicated In the Schedule shown above because of payments we make for "damages" arising out of "your work" perfooned under a designated project or contract with that person(s) or organizatlon(s ).

C. This Endorsement dc:>es not reinstate or increase th� Limits of Insurance applle.able to any "claim" lo which the coverage afforded by this Endorsement applies.

ALL OTHER TERMS AND CONDmONS OF THE POLICY REMAIN UNCHANGED.

EN0118-0211 Page 1 of 1
206
TRAVELERS]

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT we � 03 76 { A) - 001
POLICY UB-7K72867623-43-G
WAIVER .OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT-CALIFORN
(BLANKET WAIVER)
We have the right to recover o,ur payments from anyone liable for an injury covered by this policy. We will not enforce our right against the pe{S()n or qrganization named in the Schedule.

The additional premium for this endorsement shall be 2. oo mium.

Person or Organization
ANY PERSON OR ORGAHJ: ZA!l'I:0 FOR
WlllCH THE INSURED RAS AGREED
BY WRITTEN CONTRACT EXEClJ'l'lro
PRIOR TO LOSS TO FURNJ:SH TR-IS
WAI:VD.,
Schedµle
% of the California workers' compensation pre-
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the polley.)
Endorsement Effective
Insured
Insurance Company
DATE OF ISSUE:07/01/2021
Policy No. Endorsement No.

Premium
Countersigned by __________ _
ST ASSIGN: Pagel ofl.
207
Page | 1 Sole Source Form – Rev. May 12, 2016

City of Richmond
Sole Source Justification

THIS FORM MUST BE COMPLETED AND APPROVED PRIOR TO ANY PURCHASE _______________________________________________________________________________ Contact the Purchasing Division and discuss your rationale before completing this form. If Purchasing can help you make this a competitive purchase, then this form will not be required.

Attach this completed/approved form to requisitions when competitive quotes/bids/proposals are not solicited. (Required for requisitions > $3,000)
Requested Sole Source Supplier:

Company Name: ___________________________ Contact Name: ______________________ Address: _______________________________________________________________________ City: _________________________ State: _____________ Zip Code: ____________________ Phone Number (____) ___________ E-Mail _______________________________________ Duration of Contract: ____________________________________ Estimated Cost: $ _______________ Funding Source (Account String)_________________ Is the product/service IT related? Yes_____No _____ If Yes, please attach the approved IT Authorization Form For Product: Is the recommended company the manufacturer of the product? Yes_____ No _____ For Product: Does the manufacturer sell the item(s) through distributors? Yes_____ No _____ Description of Product or Service:

Describe the full scope of work or service contemplated including installation if required; items should include brand, model and part number if applicable; (if additional space is needed, include them in a separate page)

Sole Source Rationale: PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: Explain why the recommended company is the only company that can meet the requirement. Address the following: Are there any other companies who can do this job? What condition (e.g. technological superiority, or performance risks, etc.) exists so that the recommended company has a significant advantage over any other company who can do this job? It is important to sufficiently address the key reason for awarding an order/contract without soliciting competitive bids. The rational must be clear and convincing, avoiding generalities and unsupported conclusions.

(if additional space is needed, include them in a separate page)

208
2 | Page

Complete the following checklist
A specific contractor is the only source of the required item because (check all that apply):

The required items are proprietary to the Contractor, and contractor solely transacts (sells) direct to the customer. (There are no dealers or distributors for contractor).

The required items are proprietary to the Contractor, and contractor does not sell direct to the customer. Contractor solely distributes the item or service through only one dealer or distributor in the United States. (There are no dealers or distributors for contractor).

Note: If item or service is available from more than one source, the item or service may be treated as proprietary, but must be competitively solicited from multiple (two or more) sources.

A specific item is needed:

To be compatible or interchangeable with existing hardware As spare or replacement hardware For the repair or modification of existing hardware Federal or state grant names vendor as condition of funding. (Attach copy of grant that names vendor)
There is a substantial risk in contracting with any other contractor, (e.g., only one contractor has been successful to date in implementing a difficult manufacturing process or the services sought ). In a brief explanation, provide supporting evidence of why other contractors are considered to be unable to overcome the substantial risk.

Continuation of prior Work – Additional item, service or work required, but not known to have been needed when the original order was placed with vendor, and it is not feasible or practicable to contract separately for the additional need. Provide brief explanation and supporting evidence.

(if additional space is needed, include them in a separate page)

209
3 | Page
I acknowledge the City’s requirements for soliciting competitive quotes/bids for purchases over $3,000.00 and the criteria for justification for Sole Source purchases. I have gathered the required information, have made a concerted effort to review comparable/equal equipment/services (e.g., market research), and further affirm that there is no conflict of interest involved in the selection made.

D
epartment: _________________________________
Requester Name and Title: ____________________________________________________________ Note: Requester must be able to defend this justification.

Date:_____________ Phone: _______________
Department Director (Print) _____________________ (Sign) ________________ Date:__________ -
-------------------------------------------------------------------------------------------------------------------- Submit completed form to the Purchasing Division (Prior to submission to City Manager) Finance Director:

AP
PROVED: ____________________
NOT
APPROVED: ________________
_________
___________________
City Manager
(Under $10,000.00)
DATE: _3_/_6_/_24__
COMMENTS:
______________________________
City Clerk Attesting to Council Approval
(Over $10,000.00) (Copy of Minutes may be substituted)
Note: Richmond Municipal Code Section 2.52.326 Sole Source Procurement requires final approval by the City Manager and/or City Council. Sole Source must be approved by Finance Director, PRIOR to Council Approval.

P

ROCEDURE
Sole Source purchase/service are exceptions to the normal bidding process and require a detailed justification. In processing Sole Source requests for supplies, services and/or equipment, the Purchasing Division adheres to and is governed by the principles set forth in City of Richmond Municipal Code Section 2.52.326 Sole Source Procurement.

If you are requesting a particular vendor, brand or product, you must make this fact clear on your Sole Source form.

Your request will then be restrictive and non-competitive, and will fall into a sole source category. If the sole source justification is approved, the requisition can be expedited without the normal bidding requirements.

Such a request should not be made unless you are confident that your request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit. The City’s requirements and the format for submitting such requests are contained herein. Sole Source form must be signed by authorized department representative(s). The certification will remain on file for audit purposes.

The following factors DO NOT apply to sole source requests and should not be included in your sole source justification. They will not be considered and only tend to confuse the evaluation process.

1. Personal preference for product or vendor.

2. Cost, vendor performance, and local service (these are generally considered award factors in competitive bi
dding).

3. Features which exceed the minimum department requirements. 210