Agenda — Richmond City Council, March 26, 2024 (part 1 of 2)

PLEASE NOTE: HYBRID MEETING FORMAT

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

Tuesday, March 26, 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
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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.

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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 CC Mtg. 3-26-24
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.

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

Pages
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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 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) Three cases•
C.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9) Hanlees Hilltop Buick et al. v. City of Richmond•
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 LIABILITY CLAIMS (Government Code Section 54956.9)
C.4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: City Attorney•
Title: City Clerk•
C.5 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
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ CC Mtg. 3-26-24
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. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
N.1 Proclamation honoring the Baha’i’s steadfast commitment to defend freedom of thought, human rights and religion.
9 PROCLAMATION honoring the Baha’i’s steadfast commitment to defend freedom of thought, human rights, and religion - Councilmember Soheila Bana (510-620-6743) and Vice Mayor Claudia Jimenez (510-620-6565).

N.2 Recognizing the Richmond Steelers U9 Football Team 26 COMMENDATION recognizing and celebrating the achievements of the Richmond Steelers U9 Football Team in 2023 - Mayor Eduardo Martinez (510- 620-6503) and Councilmember Doria Robinson (510-620-6568).

O. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
P. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
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6 P.1 Finance Department
P.1.a Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
28 ADOPT an ordinance (second 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).

P.2 Mayor's Office
P.2.a 2024 Appointments to Committees and Liaison Positions 52 APPROVE appointments for the Mayor and Councilmembers to Regional Committees, Ad-Hoc Committees and Liaison Positions for the year of 2024 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

P.2.b Richmond Arts and Culture Commission Appointment 56 APPOINT Tobin Richmond to an unexpired term in the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

P.2.c Richmond Arts and Cultures Commission Appointment 58 APPOINT Sandra Benjamin Richmond to the Richmond Arts and Culture Commission, Term Expires June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

P.2.d Youth Council Appointment for Andrea Martinez Alvarez 60 APPOINT Andrea Martinez Alvarez to the Youth Council, term expires, October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

P.3 Public Works
P.3.a San Francisco Bay Restoration Authority Grant Resolution 62 ADOPT a resolution accepting and appropriating the $4,600,000 in grant funds from the San Francisco Bay Restoration Authority for Terminal Four Wharf Removal Project – Public Works
Department/Community Development Department (Daniel Chavarria 510-620-5478/Lina Velasco 510-621-1231).

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7 Q. STUDY AND ACTION SESSION
Q.1 Update on the Craneway Pavilion Request 101
PROVIDE update regarding the Craneway Pavilion and the proposed use.

Dave Aleshire, City Attorney (510-620-6509).

Q.2 Amendment No. 1 to Contract with Safe Organized Spaces (SOS) 108 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). This item was continued from the March 19, 2024, meeting.

Q.3 Prevent Nepotism During the Appointment Process for Richmond Boards, Commissions, Committees, and Task Forces, and City Hiring and Employment. 190
DISCUSS and PROVIDE direction to 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). This item was continued from the March 19, 2024, meeting.

Q.4 Presentation from The Urban Forestry Advisory Committee 196 RECEIVE a presentation from the Urban Forestry Advisory Committee - Councilmember Doria Robinson (510-620-6568).

R. ADJOURNMENT
________________________
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March 5, 2024

City Council

DATE: March 5, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Soheila Bana and Vice Mayor Claudia
Jimenez

Subject:

Proclamation honoring the Baha’i’s steadfast commitment to defend freedom of thought, human rights and religion.

FINANCIAL IMPACT: There are no fiscal impacts associated with this item.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

The Baha'i community, both globally and within
Richmond, has been a beacon of resilience, contributing positively to the social and cultural fabric of our society.

Despite facing severe persecution in countries like Iran, the community's commitment to principles such as unity, equality, and peace remains unshaken.

RECOMMENDED ACTION:

PROCLAMATION honoring the Baha’i’s steadfast
commitment to defend freedom of thought, human rights,
and religion - Councilmember Soheila Bana (510-620-
6743) and Vice Mayor Claudia Jimenez (510-620-6565).

AGENDA
REPORT
9

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March 5, 2024
DISCUSSION:

The City of Richmond stands in solidarity with the Baha'i community and its principles.

The attached proclamation seeks to honor the Baha'i community in Richmond for their unwavering stance for basic human rights and their peaceful persistence in the face of adversity. It is an affirmation of the City of Richmond's commitment to protecting the rights of all minorities and ensuring the safety and dignity of all residents.

Additionally, the article "In Memory of Ten Baha'i Women Who Were Executed in Shiraz" by Councilmember Soheila Bana is provided as part of the agenda's supporting materials. The article offers a poignant historical account of the challenges faced by the Baha'i community and serves to deepen our understanding of the significance of this resolution.

DOCUMENTS ATTACHED:

Attachment 1 - Proclamation Honoring the Baha'i Community in Richmond Attachment 2 - Article "In Memory of Ten Baha'i Women Who Were Executed in Shiraz"

10 WHEREAS, the City of Richmond prides itself on its rich diversity, which is enhanced by the presence of members of the Baha'i Faith, whose contributions are invaluable to the cultural and spiritual fabric of our community; and

WHEREAS, since its inception in Iran 180 years ago, the Baha'i Faith has endured ongoing persecution for its beliefs and teachings in its country of origin; and

WHEREAS, the Baha'i Faith promotes principles that are foundational to a just and harmonious society, including the unity of humanity, the elimination of prejudice, the concord between religion and science, the equality of genders, the centrality of education, and the pursuit of world peace; and

WHEREAS, the Baha'i community upholds the universal right to freedom of thought, conscience, and religion, as enshrined in the Universal Declaration of Human Rights; and

WHEREAS, members of the Baha'i community in Iran are systematically denied access to higher education and government employment and often face long detentions without charges, as well as unjust and vague accusations resulting in imprisonment, solely due to their religious beliefs, within the context of a government-endorsed campaign that encourages social boycotts, economic repression, and defamation of the Baha'i faith; and

WHEREAS, the execution of ten Baha'i women in Shiraz in 2008, who ranged in age from 17 to 57, exemplifies the extreme sacrifices made by Baha'is in the defense of the fundamental human right to freedom of thought; and

WHEREAS, further details on the tragic execution of ten Baha'i women in Shiraz are provided in a comprehensive article written by Councilmember Soheila Bana, which is included in the agenda's supporting material to offer additional context to this resolution, and

WHEREAS, the ongoing persecution and violence against Baha'is are a result of ignorance and extremism, yet the majority of Iranians do not endorse their government's actions against the Baha'i community and stand in opposition to such injustices; and

WHEREAS, recognizing and celebrating the Baha'i community's peaceful resilience and dedication to societal advancement is essential; and

Proclamation Honoring the Bahai's Steadfast Commitment to Defend Freedom of Thought and Religion

11 WHEREAS, recognizing and celebrating the Baha'i community's peaceful resilience and dedication to societal advancement is essential; and

WHEREAS, Nowruz, which signifies the Spring Equinox and this year of 2024 occurs on March 20, is celebrated as the commencement of the Iranian and Baha'i New Year.

NOW, THEREFORE BE IT RESOLVED, that the City of Richmond hereby honors the Baha'i community for their steadfast commitment to human rights.

BE IT FURTHER RESOLVED, that the City of Richmond affirms its dedication to safeguarding the rights of all minorities to practice their religion without fear and to live free from any form of stigmatization.

FINALLY, BE IT RESOLVED, that the City of Richmond is an advocate for the honor, security, and well-being of all residents, irrespective of their faith or belief system.

____________________________ ___________________________ Claudia Jimenez, District 6 Soheila Bana Vice Mayor, Co-Sponsor Councilmember, Sponsor

Dated: March 5, 2024

12 In Memory of Ten Baha'i Women Who Were Executed in Shiraz The Women Who Stood for Freedom of Thought with Their Lives

By: Soheila Bana*

The day June 18th is the anniversary of the execution of ten Baha'i women in 1983 at Adel Abad Prison in Shiraz, Iran, whose alleged "crime" was believing in the Baha'i Faith.

Years after this group execution, we honor their memory as heroines who sacrificed their lives for freedom of thought in Iran.

These women, ranging in age from 17-year-old Mona to 57-year-old Ezzat, are a part of our history. They stood firm in defense of their right to freedom of thought, paying the ultimate price with their lives.

Their story forms a chapter in the history of Iran—a chapter that we earnestly hope will never be repeated.

A Few Pages of This Chapter

In Adel Abad Prison in Shiraz, Saturday, June 18, 1983, was like any other Saturday in the spring of 1983; it was the day for visiting female prisoners. The Baha'i families went for their visits, unaware that it would be their last. "No one believed they would be executed! Everyone thought they would be imprisoned for a few months and then released."

The "crime" of these girls and women was their involvement in teaching ethics and the Baha'i religious education to children from Baha'i families. They were also falsely accused of espionage, but all it would have taken for all their "crimes" to be forgiven was to renounce their faith and convert to Islam. On the visitation card given to their families by the prison, it was written "Charge: Baha'ism" or "Charge: B." Some Baha'is, under pressure and by force, were made to say they had converted to Islam, and suddenly all their charges and "crimes" disappeared.
13 The charge written on the visiting card clearly indicated that these people are prisoners of conscience.

The arrest of the Baha'is in Shiraz in 1981 took place over two raids on a number of Baha'i homes. Some of these women were arrested around October 23, 1982, and others on November 29, 1982. The account of the arrests, as detailed in a letter written by the sister of one of those arrested during those days, goes as follows:

"Monday, Azar 8th, 1361, corresponding to November 29, 1982. About a year has passed since (her) arrest followed by spending several days in IRGC Prison in Shiraz while there was still much talk about it on her birthday. It was around 8 PM when, heeding Dad's persistent warnings that 'I have a bad feeling, surely a thief has come!' we went home. It was about 8:30 PM when the doorbell rang. Three armed men, all members of the IRGC, entered the house. They searched everywhere, collected some books, religious pictures, and a family album they found, and put them into two sacks, took inventory of them, and had us all sign it. Then, from a list with many names written on it, they called out (her) name [...] The next morning, it was found out that about 45 people had been arrested that night, in roughly the same manner by the IRGC, and transferred to the same IRGC prison located in the southeast corner of Shiraz. Initially, everyone thought that only their family members were targeted, but upon inquiring, they realized that many others had been arrested around the same time."

14 After their arrest, they spent some time in the IRGC detention center for interrogation before being transferred to prison. The interrogations in the IRGC detention center were sometimes very lengthy. Yet, the treatment they received in prison was worse. Since Baha'is were considered "unclean," they were kept in a cell separate from other prisoners. When they were blindfolded and taken for interrogation, they were given a rolled-up newspaper to hold, and a guard held the other end, leading them so as not to come into contact and become "unclean" by touching these individuals. The Baha'i prisoners even had their own designated plates. In Ward One of Adel Abad Prison in Shiraz, the women were three to a cell and were allowed to visit each other's cells.

However, sanitation was a serious issue; regular access to a bathroom was not available, and there was no proper medical care. One of the girls suffered from severe menstrual pains so intense that she normally needed morphine injections for relief. But during her seven months in prison, she had no choice but to endure the pain without medication.

Mona Mahmoudnejad, 17 years old

Mona and her father Yadullah Mahmoudnejad, were executed three months apart.

15 Mona was a high school student. She was arrested alongside her father on October 23, 1981, at the age of 16. It is said that due to her young age, Mona was the last person to be hanged on that day as giving her one last chance to recant her faith, but she did not. Mona is one of the youngest victims of ideological repression in the Islamic Republic of Iran.

Mona's mother was also imprisoned for several months with her and was then released. Mona's father, Yadollah Mahmoudnejad, was executed in Shiraz in March 1982, three months before his daughter.

Akhtar Sabit, 21 years old

Roya Eshraghi, 22 years old
16 Roya was a lively girl, a lover of nature and animals, and a veterinary student at the University of Shiraz, who had been expelled from the university after the revolution due to her Baha'i faith.

Roya's parents were also active in serving the local Baha'i community and were arrested along with her. Roya's mother was a homemaker, and her father had been dismissed from his job after the revolution for the "crime" of being a Baha'i.

Roya was executed at the same time as her mother, Ezzat Janami.

Simin Saberi, 24 years old
17 Shahin (Shirin) Dalvand, 25 years old

Shahin – affectionately called Shirin – always had a smile on her face. Even though her family had emigrated to England, she stayed in Iran to complete her education. Shirin had studied sociology and had completed her thesis on combating addiction, but she never got the chance to work and apply her efforts in the fight against the scourge of addiction.
18 Mahshid Niromand, 28 years old

Mahshid completed her university education in physics at Shiraz University. She served the Baha'i community by participating in local Baha'i committees.

Zarrin Moghimi Abianeh, 29 years old

19 Zarrin had studied English Literature at the University of Tehran. She possessed an exceptional rhetoric skills and had a deep understanding of Islam and the Baha'i Faith, and knew some verses of the Quran and Baha'i texts by heart. The interrogators who tried to convince her to convert to Islam found it a challenging task. They remarked that instead of an English language certificate, she should have been awarded a certificate in rhetoric.

Zarrin was very sensitive and wrote poetry. Once, after visiting a young man charged with being a Baha'i who had just been released from Adel Abad Prison, she was so moved that she wrote a piece titled "I Come from Adel Abad," which begins:

"What should I write, and how should I write, to convey where that place is, in what language can I describe what kind of world it is there, and which words or phrases are capable of expressing what my humble earthly eyes have seen? I close my eyes to see if what I witnessed was a dream or reality, a sweet dream or a bitter truth. Tonight, I come from Adel Abad..."

Zarrin was arrested along with her parents. Her mother spent three months in prison, and her father was imprisoned for two years and was released eight months after the execution of his daughter.

Tahereh Arjomandi (Siavoshi), 32 years old

Tahereh was a nurse and provided medical care to other prisoners while in prison. She was arrested and imprisoned alongside her husband, Jamshid Siavoshi. It is said that 20 during a prison visit, Tahereh found her husband had been tortured and feared he would not survive. Her husband did not die from the torture and lived on, but was executed two days before Tahereh, on Thursday, June 16, 1983.

Nusrat Ghofrani (Yaldai), 56 years old

Nosrat and her son, Bahram Yaldai, at his last birthday party. Mother and son were arrested at the same time and executed two days apart.

Nasrat was a member of the Baha'i Assembly in Shiraz. It is reported that she endured torture and suffered many lashings. Nasrat was arrested together with her husband and son. Her son, Bahram Yaldaei, was hanged at the age of 28 in Adel Abad Prison in Shiraz two days before his mother's execution.

Ezzat Janami (Eshraghi), 57 years old
21 Ezzat Janai, standing between her husband, Enayatullah Eshraghi, and their daughter, Roya Eshraghi. Ezzat and Roya were hanged together two days after the execution of the father of the family.

Ezzat Janami was arrested along with her husband, Enayatollah Eshraqi, and their daughter Roya. The Eshraqi family had previously been arrested by the IRGC but chose not to leave the country, nor even the city of Shiraz.

Ezzat's husband, Enayatollah Eshraqi, was hanged two days before her at the age of 63. Ezzat was hanged alongside her young daughter, Roya.

Visiting day for women in Adel Abad Prison was on Saturdays. After the visiting hour, these ten women were taken to be hanged on Saturday, June 18.

The visiting day for men was on Thursdays. Two days prior, on Thursday, June 16, six Baha'i men were hanged after the visiting hours.

Some of these men were close relatives of the women who were executed on Saturday.

22 Bahram Yaldai, 28 years old (son of Nusrat Ghofrani).

Koresh Haqbin, 34 years old.

Jamshid Siavoshi, 39 years old (husband of Tahereh Arjomandi).

Bahram Afghan, 50 years old.

Inayatullah Eshraqi, 63 years old (husband of Ezzat Janami and father of Roya Eshraghi).

Abdul Hossein Azadi, 66 years old.

The hanging of ten women, two days after the hanging of six men, was an unbelievable tragedy for the Baha'i community: "It was a disaster, a disaster! No one thought they would be executed! Everyone thought, as with previous arrests, they would be interrogated and then released. Who could have imagined that a mother and son would be executed together? A husband and wife hanged at the same time? Three members of one family, a father, mother, and daughter, executed together?"

To this day, it remains difficult to speak about the atrocities inflicted upon the Baha'is. Despite the many hardships they face in Iran, from being deprived of civil rights, such as job termination and denial of education, to the fundamental right to life, many Baha'is still refuse to leave their homeland. However, their fears prevent the speaking out and acknowledgment of many truths.

Even those who have lost loved ones prefer to speak without naming names, unwilling to cause trouble for anyone.

The sister of one of the executed girls says, "I really don't know how to express the impact of this event on my personal life. Of course, anyone who loses a loved one becomes very depressed because there will no longer be an opportunity to meet them! My children never got the chance to meet their aunt."

She continues, "But what's really painful is that there are people who are willing to kill a fellow Iranian, simply because her beliefs differ from those of the government! It feels terrible to know these were such peaceful people who had nothing but love for others, held no grudges, did no harm to anyone, and yet they were treated this way. How could anyone not like them? It's saddening that the world has reached this point where people can't recognize that this is not right! This is not justice!"

"At the same time, we were somewhat glad that they stood firm and resisted, staying true to their beliefs. My sister was passionate about life! But if she had said she was not a Baha'i and became free, perhaps I would have been sorry and asked her, 'You who believe in peace and humanity and principles, how could you turn your back on everything?'"

23 Another sister speaks of her sister's livelihood: "She was always smiling and happy, wanting to make everyone else happy. Lately, she had been thinking about marriage, considering her suitors, and she almost knew which one she would choose."

She continues, “The execution of my sister was very painful for me. She was not just my sister but also my best friend. We had a unique bond, such that she could understand everything from the tone of my voice. During the most challenging period of my life, when my child had cancer, she was a tremendous support! Even now, when I see someone who reminds me of her, I can't help but follow them. Having dealt with and still dealing with a loved one's (terminal) illness, I know some things may be accepted. But accepting the sudden death of a loved one is incredibly hard!

The brother of one of the women says, "They were tortured and pressured to confess to being spies for Israel, simply because they had traveled to Baha'i holy places in Israel before the revolution. But when our Prophet was exiled there, that place wasn't even called Israel yet; it was part of the Ottoman Empire. It's like saying Iranians who go on a pilgrimage to Mecca are spies for Saudi Arabia!"

A relative of the women states, "They were subjected to psychological torture. (She) was terribly frightened. They had said they would tear her heart out of her chest."

The news of the execution of ten Baha'i women spread among the Baha'is of the city on Sunday morning. Below is an account of a mother who saw her daughter's body shortly after her execution:

"I was very worried. The day before, my daughter wasn't her usual self, but she didn't say anything. She always stood and waved to me at the end of our visits. This time she disappeared.

The next day, I heard that ten women had been executed. I didn't know if it was true or not, I didn't know who had been executed. I ran out of the house out of frustration. Just as I stepped outside, I saw a friend with her young son approaching me. I asked, 'Is it true?' The lady pulled out a paper and read the names to me. There were nine names. I realized, and asked, 'Is my daughter among them?' She said, 'Yes.' I wanted to see her body. A few other mothers and I went towards the prison. We begged the guards to let us see the bodies. Finally, they agreed.

They took us to a dirty room with a fan spinning above. Ten bodies were lying on the floor.

Mona's mother recognized her. I recognized my daughter by the scarf she had on her head. Her face was covered with a blindfold. I kissed her. I kissed her for her sister, her brothers, and her father, too. I left the blindfold on her face and left. They didn't let us bury the bodies. We begged an interrogator to let us bury them. They said no! They would all be buried in one place."

No wills were left from the executed. One of the girls had written a short note on a piece of paper and had it sent to her family, "No one has the right to wear black or cry for me, except my mother, who I know can't bear it."
24 However, the suitcases containing the women's belongings and clothes were delivered to their families after the execution.

"To this day, that suitcase is the most precious thing I have!", says a brother.

*Indirect quote via one of this mother's children.

Footnote: This article was prepared after conversations with some family members of the executed. Thanks to the assistance of Diane Ala'i, Representative of the Baha'i International Community to the United Nations in Geneva, who helped establish contact with these families.

The following sources have also been used in the preparation of this article.

Mona's Dream
http://monasdream.com/

Omid Memorial
http://www.abfiran.org/farsi/memorial.php

*This article was originally published online on June 18, 2008, in Farsi:
emrooz.net/index.php?/zanan/more/16174-w.iranhttps://ww/

Page 1 of 1 ends

March 26, 2024

Mayor's Office

DATE: March 26, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez and Councilmember Doria
Robinson

Subject:

Recognizing the Richmond Steelers U9 Football Team
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Recognition and Celebration of the Richmond Steelers
U9 Football Team who won their National, League, and
Regional Championships.

RECOMMENDED ACTION:

COMMENDATION recognizing and celebrating the
achievements of the Richmond Steelers U9 Football
Team in 2023 - Mayor Eduardo Martinez (510-620-6503)
and Councilmember Doria Robinson (510-620-6568).

DISCUSSION:

Mayor Eduardo Martinez and Doria Robinson will highlight the recent accomplishments of the Richmond Steelers U9 Football Team and present a certificate of recognition to the team.

DOCUMENTS ATTACHED:

Attachment 1 – Certificate of Recognition
AGENDA
REPORT
26 Mayoral Certificate
of Recognition

Richmond Steelers U9 Football Team

On behalf of the City of Richmond, California, we extend our deepest congratulations to the Richmond Steelers U9 Football Team for their exemplary achievements, culminating in their triumph as National Champions on December 15, 2023, with a notable victory score of 13 -8, in addition to being crowned League and Regional Champions. This series of victories has not only showcased the team's dedication, teamwork, and competitive spirit but has also brought great pride and recognition to our community. We extend our gratitude to the coaches and parents , whose guidance and support have been instrumental in nurturing the talents and sportsmanship of these young athletes. The mayor, city council, and the citizens of Richmond stand united in celebrating the accomplishments of these young stars, who exemplify the very best of our community's values of perseverance and excellence.

Roster:

Amazi-Jeremiah Parnell – Patrick Burton – Damon Dixon – Dameion West – Kairee Fredzess Jr. – Josiah Sandeford – Jamariea Newt Jr – Alanzo Polee – Braylen Watkins - Paris Webster – Kiev Meriwether Jr. – Leonardo Perez – Kingston Odom – Geordan Tanner – Jordan Graves – Jaylen Thompson – Ah’Leciana Cathey – Dysen Davis – Eduardo De Lara – Loyal Cathey – Reno Siaki – Micah Stallings – Jaxson Davidson – Salesi Kata

Coaches /Staff:

Head Coach Namon West III
Equipment Manger Chyanne Tanner
Team and Business Manager Katrice West
Assistant Coaches: Anthony Cathey, Donny Davis, Kairee Fredzess, Greg Parker, Ralph Robinson, Rich Siaki, and Carlos Watkins

Mayor Eduardo Martinez
City of Richmond
03/26/2024

Doria Robinson
District 2 Councilmember
City of Richmond

Page 1 of 4 ends

March 26, 2024

Finance Department

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney
Andrea Miller, Director of Finance
Mubeen Qader, Deputy Director of Finance
Antonio Banuelos, Accounting Manager

Subject:

Ordinance Creating New Business Activity Classification, Class P – Wholesale, and the Corresponding Rates
FINANCIAL IMPACT: The financial impact of creating this new classification and rate structure will result in a decrease of
approximately $10,000 in Business Tax Revenue in the
General Fund.

PREVIOUS COUNCIL
ACTION:

STATEMENT OF THE
ISSUE:

The proposed Ordinance will create a new Business
Activity, Class P – Wholesale, and the corresponding
rates.

RECOMMENDED ACTION:

ADOPT an ordinance (second 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).

AGENDA
REPORT
28

Page 2 of 4 ends

March 26, 2024
DISCUSSION:

City Council placed Measure U on the November 3, 2020, ballot that was approved by the voters. The Measure changed the business tax calculation methodology to be based on gross receipts instead of the prior methodology that was based upon the number of employees employed by a business.

This item was originally scheduled on the December 19, 2023 City Council agenda but was removed and postponed pending more outreach to wholesalers in Richmond. Staff mailed and e-mailed 18 Richmond businesses who have listed wholesaling as their primary businesses and invited them to an online meeting held on January 25, 2024.

Staff presented the situation and reasons behind the proposed changes to the Business Tax Ordinance. Participants understood the need for a new class for wholesalers, but also raised concerns about the rates postulating that they should be lower. Additionally, they inquired about possibly making any change retroactive, meaning some businesses would be due a refund.

Measure U (Richmond Municipal Code 7.04) contains fifteen (15) Business Activity Classifications but does not include wholesale as a business activity classification class.

City staff is requesting to amend the Ordinance by adding, Wholesale, in section

7.04.130) of the Richmond Municipal Code as follows:

7.04.130 Business Activity Classifications Class

Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll based, not gross receipts) J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale

Additionally, this new Wholesale class will be assigned a new business tax at the rate provided below following an amendment of the ordinance to include this section after

7.04.205 (J):
29

Page 3 of 4 ends

March 26, 2024

7.04.205 Tax Rates for Class A through Class J, and Class P —Progressive Rates

K. Class P. Business engaged in Class P business activities shall pay a business tax as follows:

If annual gross is: Then the business tax is:

A wholesale classification was inadvertently omitted from the original voter approved ordinance. City s taff attempted to correct this oversight via an Administrative Ruling placing Wholesale businesses in the same classification as Retail Sales businesses. The issue with this approach is that the definition of “Retail Sales” in the approved Ordinance excludes the resale of items such as with wholesalers:

“Retail sales” means the sale of goods, wares, or merchandise for any purpose other than resale in the regular course of business, including restaurants and peddlers. (emphasis added)

Other communities have a wholesale category in their ordinances and the City has businesses that could be classified as “wholesale.” The definitions in the ordinance excluding wholesale from retail and vice versa create legal confusion which could make the Ordinance subject to challenge.

The new classification clarifies both the Business Class and the respective Business Tax Rate structure for Wholesale businesses. Currently, staff classifies Wholesale businesses as part of “Class J – Miscellaneous” which has significantly higher rates than “Class A – Retail Sales”.

AMENDMENT PROCESS

While any amendment to Measure U that would increase the rate of taxation is subject to approval by a vote of the voters, the City Council has the authority to adopt modifications that decrease the rate of taxation, which applies to this action. 30

Page 4 of 4 ends

March 26, 2024

BUSINESS TAX UPDATE

City staff recently mailed out the 2024 renewal notices for both rental property businesses and non-rental businesses. The due date for the rental properties is March 1, 2024, while the due date for the non-rentals is April 1, 2024. The Finance Department is providing augmented business tax services to the Richmond business community in person, via phone calls, through our online payment portal, and through virtual online appointments.

The community can leave questions for City staff on the business tax hotline at 510-620- 5555 or email to [email protected].

DOCUMENTS ATTACHED:

Attachment 1 – Administrative Ruling No. 1
Attachment 2 – Redline Ordinance
Attachment 3 – Final Ordinance
Attachment 4 – Presentation
31 CITY OF RICHMOND

FINANCE DEPARTMENT
FINANCE DIRECTOR ADMINISTRATIVE RULING NO. 1
ADMINISTRATIVE RULING AND INTERPRETATION (1.0)

Authority. Pursuant to Section 7.04.670 of the City of Richmond Gross Receipts Business Tax Measure U, the Director of Finance, upon delegation from the City Manager, hereby adopts the following administrative rulings:

PURPOSE

This Administrative Ruling clarifies certain sectio ns of the Measure U Gross Receipts Tax Ordinance approved by Richmond voters in November 2020.

BACKGROUND

The rulings herein promulgated provides specific ap portionment criteria to be used by the City of Richmond staff and the taxpayer in determining application if the Business Tax of gross receipts.

RULING OF THE DIRECTOR OF FINANCE

The following guidelines shall be used to determine the percentage of gross receipts to be used for the tax base:

A. Administrative Ruling - Definitions and Classifications (Section

7.04.100)

1) If a business operator has earned gross receipts in Richmond, and provides other services where the gross receipts is earned outside of Richmond, such as trucks, water or rail transportation, the tax will be calculated on the gross receipts from sales in Richmond.

2) “Wholesale Sales” is defined as “the sale of go ods, wares, or merchandise for the purpose of resale in the regular course of business. However, it is not included in any of the Business Activity Classifications. Businesses categorized as Wholesale Sales will fall under Business Activity Classification of Class A – Retail Sales with the following rates:
32 If annual gross receipts are: Then the business tax is:

Not over $1,000,000 $1.20 per $1,000 of annual gro ss receipts Over $1,000,000 but not over $2,500,000 $1,200, plus $1.60 per $1,000 of annual gross receipts over $1,000,000
Over $2,500,000 but not over
$25,000,000
$3,600, plus $2.00 per $1,000 of annual
gross receipts over $2,500,000
Over $25,000,000 but not over
$50,000,000
$48,600, plus $2.40 per $1,000 of annual
gross receipts over $25,000,000
Over $50,000,000 $108,600, plus $3.20 per $1,000 o f
annual gross receipts over $50,000,000

3) Any business that is not otherwise defined nor i ncluded in the various classifications will fall under Business Activity Classification of Class J – Miscellaneous.

Limitation. This Ruling and Interpretation is intended to give general guidance and should not be viewed as providing a definite answer to all factual situations, as the exact application of the tax will depend on the nature of the service, the manner in which it is billed ( e.g., bundled or unbundled), and other factors.

City of Richmond, Director of Finance

______________________________
Belinda Brown

Date: November 2, 2021
33 ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”

The City Council of the City of Richmond do ordain as follows:

SECTION 1. Section 7.04.130 of the City of Richmond Municipal Code is hereby amended to read as follows:

7.04.130 Business Activity Classifications Class
Class Industry
A Retail Sales
B Grocers
C Automobile Sales, Manufacturing
D Recreation and Entertainment
E Hotel/Motel
F Construction contractor
G Business and personal services
H Professional/semi-professional service
I Administrative headquarters (payroll
based, not gross receipts)
J Miscellaneous
K Residential and Commercial Rentals
L Cannabis
M Firearms Ammunition
N Taxi and limousine service
O Transportation, trucking
P Wholesale

SECTION 2. Section 7.04.205 of the City of Richmond Municipal Code is hereby amended to read as follows:

7.04.205 Tax Rates for Class A through Class J, and Class P —Progressive Rates

34 K. Class P. Persons engaged in Class I business activities shall pay a business tax as follows:

If annual gross receipts are: Then the business tax is:

SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION 4.

This Ordinance becomes effective thirty (30) days after its final passage and adoption.

*****************************
(This section to be completed by Clerk’s Office)

First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

35 Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney
36 ORDINANCE NO. N.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 7.04 TO THE CITY OF RICHMOND MUNICIPAL CODE ENTITLED “BUSINESS LICENSES”

The City Council of the City of Richmond do ordain as follows:

SECTION 1. Section 7.04.130 of the City of Richmond Municipal Code is hereby amended to read as follows:

SECTION 2. Section 7.04.205 of the City of Richmond Municipal Code is hereby amended to read as follows:

7.04.205 Tax Rates for Class A through Class J, and Class P —Progressive Rates

37 K. Class P. Persons engaged in Class P business activities shall pay a business tax as follows:

If annual gross receipts are: Then the business tax is:

SECTION 4.

This Ordinance becomes effective thirty (30) days after its final passage and adoption.

*****************************
(This section to be completed by Clerk’s Office)

First introduced at a regular meeting of the City Council of the City of Richmond held on _____________ and finally passed and adopted at a regular meeting held on ___________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

________________________________________
Clerk of the City of Richmond

(SEAL)

38 Approved:

_______________________________
Mayor

Approved as to form:

____________________________
City Attorney
39 Business Tax Update
Ordinance Creating New Business Activity
Classification, Class P – Wholesale, and the
corresponding rates.

FINANCE DEPARTMENT AND CITY ATTORNEY’S OFFICE
FEBRUARY , 2024
40 Agenda
Background
Business Tax Classifications
Business Tax Rates
Recommended Action
Questions
2 41
Measure U Background
Measure U Approved by Voters in November 2020
Changed the way the tax is calculated
◦ New Methodology is based on the Business Gross Receipts ◦ Tax is a percentage of the Gross Receipts and changes based on the Business Category and the amount of Gross Receipts
◦ Businesses making less than $250,000 pay the Minimum Tax of $100 Per Year 3 42
Wholesale Background
Measure U contained no classification for Wholesalers
Staff created Administrative Ruling 1.0 that categorized Wholesale Businesses under Class A - Retail Sales.

Definition of Retail Sales excludes wholesale sales:
“Retail sales” means the sale of goods, wares, or merchandise for any purpose other than resale in
the regular course of business, including restaurants and peddlers. (emphasis added) Definition of Retail Sales excluding wholesale sales creates need for a new Business Tax Class for Wholesale Businesses
Approximately 15 business in Richmond are wholesalers and financial impact is estimated at $10,000 decrease to the General Fund revenues.

If a business does not fall clearly into any class, they are then placed in Class J - Miscellaneous 4 43
Business Tax Classifications
Class Industry Class Industry
A Retail Sales I Administrative headquarters (payroll
based, not gross receipts)
B Grocers J Miscellaneous
C Automobile Sales, Manufacturing K Residential and Commercial Rentals D Recreation and Entertainment L Cannabis
E Hotel/Motel M Firearms Ammunition
F Construction contractor N Taxi and limousine service
G Business and personal services O Transportation, trucking H Professional/semi-professional service P Wholesale
44 Current Rates For All Classes
6 Class Industry Under $1M $1M to
$2.5M
$2.5M to
$25M
$25M to
$50M Over $50M
A Retail Sales 0.120% 0.160% 0.200% 0.240% 0.320%
B Grocers 0.060% 0.100% 0.130% 0.015% 0.200%
C Automobile Sales, Manufacturing 0.120% 0.220% 0.310% 0.410% 0.500% D Recreation and Entertainment 0.450% 0.460% 0.470% 0.480% 0.500% E Hotel Motel 0.180% 0.280% 0.380% 0.480% 0.500%
F Construction contractor 0.180% 0.210% 0.240% 0.270% 0.300% G Business and personal services 0.180% 0.270% 0.360% 0.500% 0.540% H Professional/semi-professional service 0.360% 0.410% 0.450% 0.500% 0.680% I Administrative headquarters (payroll based, not gross receipts) 0.120% 0.150% 0.190% 0.220% 0.240%
J Miscellaneous 0.240% 0.310% 0.380% 0.450% 0.480%
K Residential and Commercial Rentals 1.081% if 4 properties or less and 2.880% if 5 properties or more L Cannabis 5.000% 5.000% 5.000% 5.000% 5.000%
M Firearms Ammunition 2.400% 2.400% 2.400% 2.400% 2.400% N Taxi and limousine service $75 for each ambulance or limousine and $180 for each taxicab permit O Transportation, trucking Tax based on current employee total 45 Proposed Rates for Class P
7 Class P . Persons engaged in Class P business activities shall pay a business tax as follows:

If annual gross receipts are: Then the business tax is:

Not over $1,000,000 $1.20 per $1,000 of annual gross receipts Over $1,000,000 but not over $2,500,000 $1,200, plus $1.50 per $1,000 of annual gross receipts over $1,000,000
Over $2,500,000 but not over $25,000,000 $3,450, plus $1.90 per $1,000 of annual gross receipts over $2,500,000
Over $25,000,000 but not over $50,000,000 $46,200, plus $2.20 per $1,000 of annual gross receipts over $25,000,000
Over $50,000,000 $101,200, plus $2.40 per $1,000 of annual gross receipts over $50,000,000
46 Rates For All Classes including Class P
8 Class Industry Under $1M $1M to
$2.5M
$2.5M to
$25M
$25M to
$50M Over $50M
A Retail Sales 0.120% 0.160% 0.200% 0.240% 0.320%
B Grocers 0.060% 0.100% 0.130% 0.015% 0.200%
C Automobile Sales, Manufacturing 0.120% 0.220% 0.310% 0.410% 0.500% D Recreation and Entertainment 0.450% 0.460% 0.470% 0.480% 0.500% E Hotel Motel 0.180% 0.280% 0.380% 0.480% 0.500%
F Construction contractor 0.180% 0.210% 0.240% 0.270% 0.300% G Business and personal services 0.180% 0.270% 0.360% 0.500% 0.540% H Professional/semi-professional service 0.360% 0.410% 0.450% 0.500% 0.680% I Administrative headquarters (payroll based, not gross receipts) 0.120% 0.150% 0.190% 0.220% 0.240% J Miscellaneous 0.240% 0.310% 0.380% 0.450% 0.480%
K Residential and Commercial Rentals 1.081% if 4 properties or less and 2.880% if 5 properties or more L Cannabis 5.000% 5.000% 5.000% 5.000% 5.000%
M Firearms Ammunition 2.400% 2.400% 2.400% 2.400% 2.400% N Taxi and limousine service $75 for each ambulance or limousine and $180 for each taxicab permit O Transportation, trucking Tax based on current employee total P Wholesale 0.120% 0.150% 0.190% 0.220% 0.240%
47 Proposed Rates for Class P
9 Current Richmond Rates
Class Industry $250k to
$1M
$1M to
$2.5M
$2.5M to
$25M
$25M to
$50M Over $50M
A Retail Sales 0.120% 0.160% 0.200% 0.240% 0.320%
P Proposed Wholesales 0.120% 0.150% 0.190% 0.220% 0.240% Approved Oakland Rates in 2022 with Measure T - effective 1/1/2023 Industry Under $1M $1M to
$2.5M
$2.5M to
$20M
$20M to
$50M Over $50M
Retail Sales 0.090% 0.110% 0.200% 0.220% 0.240%
Wholesales 0.110% 0.120% 0.180% 0.200% 0.250%
Current San Francisco Rates updated with Proposition F in 2020 Industry Under $1M $1M to
$2.5M
$2.5M to
$20M
$25M to
$50M Over $50M
Retail Sales 0.053% 0.070% 0.095% 0.224% 0.224%
Wholesale Trade 0.105% 0.140% 0.189% 0.224% 0.224%
Current Berkeley Rates
Industry Under $1M $1M to
$2.5M
$2.5M to
$20M
$25M to
$50M Over $50M
Retail Sales 0.120% 0.120% 0.120% 0.120% 0.120%
Wholesale Trade 0.120% 0.120% 0.120% 0.120% 0.120%
48 Examples of Business Tax
Proposed Oakland
Gross
Receipts
Class A -
Retail Sales
Class P -
Wholesale
Class J -
Miscellaneous Wholesale
$900,000 $1,080 $1,080 $2,160 $990
$2,000,000 $2,800 $2,700 $5,500 $2,300
$3,000,000 $4,600 $4,400 $8,950 $3,800
$10,000,000 $18,600 $17,700 $35,550 $16,400
$25,000,000 $48,600 $46,200 $92,550 $44,400
$50,000,000 $108,600 $101,200 $205,050 $94,400
49 Recommended Action to
City Council on February 6th Meeting
INTRODUCE an Ordinance (first reading) amending
Chapter 7.04.103 of the Richmond Municipal Code to
create a new Business Activity Classification, Class P – Wholesale, and provide the corresponding rates.
50 Questions?
12 51

Page 1 of 1 ends

March 26, 2024

Mayor's Office

DATE: March 26, 2024
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

2024 Appointments to Committees and Liaison Positions
FINANCIAL IMPACT: None

PREVIOUS COUNCIL
ACTION:

January 24, 2023

STATEMENT OF THE
ISSUE:

The mayor is required to appoint Councilmembers to
Regional Committees, Ad Hoc Committees and Liaison
positions to City Boards and Commissions.

RECOMMENDED ACTION:

APPROVE appointments for the Mayor and
Councilmembers to Regional Committees, Ad-Hoc
Committees and Liaison Positions for the year of 2024 - Mayor’s Office (Mayor Eduardo Martinez 510-620- 6503).

DISCUSSION:

At the beginning of every calendar year, the mayor updates the list of City Councilmember appointments to Regional Committees, Ad Hoc Committees and Liaison positions for City Boards, Commissions and Committees. Attached is a full list of recommended appointments to be ratified by the City Council.

DOCUMENTS ATTACHED:

Attachment 1 – 2024 Appointments to Committees and Liaison Positions AGENDA
REPORT
52 2024AppointmentstoRegionalCommittees,AdHocCommitteesandLiaisonPositions Mayor:EduardoMartinezViceMayor:ClaudiaJimenezCouncilmembers:SoheilaBana,GayleMcLaughlin,DoriaRobinson,MelvinWillis,CesarZepeda Boards,CommissionsandCommitteeLiaisons:

ArtsandCultureCommission:Martinez
CitizensPoliceReviewCommission:Jimenez
CommissiononAging:McLaughlin
DesignReviewBoard:Bana
EconomicDevelopmentCommission:Zepeda
HistoricPreservationCommission:Robinson
HousingAdvisoryCommission:Zepeda
HumanRightsandHumanRelationsCommission:Willis
LibraryCommission:McLaughlin
PersonnelBoard:Willis
PlanningCommission:Robinson
PointMolateAdvisoryCommittee:McLaughlin
PublicArtAdvisoryCommittee:Martinez
RecreationandParksCommission:Robinson
Richmond-ShimadaFriendshipCommission:Zepeda
Richmond-ZhoushanFriendshipCommission:Martinez
Richmond-ReglaFriendshipCommittee:McLaughlin
RichmondYouthCouncil:Zepeda
UrbanForestAdvisoryCommittee:Robinson
WorkforceDevelopmentBoard:Martinez
LiaisonpositionsDONOTnecessitateattendinganyorallthemeetings.

CityofRichmondAdHocCommittees
NURVEPolicyAdHocCommitteeMembers:Robinson,Jimenez,MartinezAlternate:Willis ECIAEnvironmentalandCommunityInvestmentAdHocCommittee
53 Members:Bana,Zepeda,WillisAlternate:Robinson
MunicipalWastewaterOversightAdHocCommitteeMembers:Robinson,Zepeda,Martinez Pt.Molate/CampusBayAdHocCommitteeMembers:McLaughlin,Jimenez,Martinez EvaluationAdHocCommitteeMembers:Robinson,Jimenez,McLaughlin MeasureUAdHocCommitteeMembers:Zepeda,Jimenez,Martinez
RegionalCommittees
WestContraCostaIntegratedWasteManagementAuthority(RecycleMore)Members:Robinson,McLaughlin,ZepedaAlternate:Willis WestCountyAgency(JPAbetweentheCityofRichmondandtheWestCountyWastewaterDistrict)Members:Zepeda,MartinezAlternate:Bana AssociationofBayAreaGovernments(ABAG)RepresentativeMembers:JimenezAlternate:Martinez EastBayRegionalParksMembers:McLaughlin,MartinezAlternate:Jimenez GilmanStreetSportComplexMembers:BanaAlternate:Willis
LeagueofCACitiesEastBayDivisionMembers:ZepedaAlternate:Bana LeagueofCACitiesVotingRepresentativeMembers:MartinezAlternate:Zepeda MCECleanEnergyRepresentativeMembers:Martinez
54 Alternate:McLaughlin
NorthRichmondMitigationFeeJointCommitteeMembers:Zepeda,Willis,MartinezAlternate:Jimenez WestContraCostaTransportationAdvisoryCommittee(WCCTAC)Members:Jimenez,Robinson,MartinezAlternate:Bana WestContraCostaUnifiedSchoolDistrictLiaison(WCCUSD)Members:MartinezAlternate:Jimenez Richmond/ACTransitInteragencyLiaisonCommitteeMembers:Martinez,WillisAlternate:Bana ContraCostaCountyMayorsConferenceMembers:MartinezAlternate:Jimenez RegionalWildfirePreventionCoordinatingGroupMembers:McLaughlinAlternate:Bana 55 March 26, 2024

Mayor's Office

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez
Subject:

Richmond Arts and Culture Commission Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Tobin Richmond is applying for position on the Richmond Arts and Culture Commission. Tobin would be filling a
term that was formerly vacated, thus he would be filling an unexpired term.

RECOMMENDED ACTION:

APPOINT Tobin Richmond to an unexpired term in the
Richmond Arts and Culture Commission, Term Expires
June 19, 2025 – Mayor’s Office (Mayor Eduardo Martinez
510-620-6503).

DISCUSSION:

Tobin, who has lived in Richmond for many years, is deeply passionate about the arts and improving his community. He contributes analytical, administrative, and office skills to the commission, enhancing its capabilities across various areas.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted Application for Tobin Richmond
AGENDA
REPORT
56 57

Page 1 of 1 ends

March 26, 2024

Mayor's Office

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Richmond Arts and Cultures Commission Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Sandra Benjamin Richmond is applying for a vacant seat
on the Richmond Arts and Culture Commission. Sandra
would be filling a term that was formerly vacated, thus she would be filling an unexpired term.

RECOMMENDED ACTION:

APPOINT Sandra Benjamin Richmond to the Richmond
Arts and Culture Commission, Term Expires June 19,
2025 – Mayor’s Office (Mayor Eduardo Martinez 510-
620-6503).

DISCUSSION:

Sandra is a long-time resident of Richmond who is highly engaged in municipal government activities. Sandra will bring with her a knowledge of how commissions are run and has exciting new ideas. Sandra’s administrative experience will be an asset.

DOCUMENTS ATTACHED:

Attachment 1 – Redacted application for Sandra Benjamin Richmond

AGENDA
REPORT
58 59

Page 1 of 1 ends

March 26, 2024

Mayor's Office

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Youth Council Appointment for Andrea Martinez Alvarez
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Andrea Martinez Alvarez is applying for a vacant seat on the Richmond Youth Council
RECOMMENDED ACTION:

APPOINT Andrea Martinez Alvarez to the Youth Council,
term expires, October 1, 2024 – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION:

Andrea Martinez Alvarez is an emerging leader looking to bring her vision to the Richmond Youth Council. Her volunteer experience highlights her connectivity to local organizations. As a member of the Associate Student Body National Honor Society, she understands the value of working as a team for the greater good.

DOCUMENTS ATTACHED:

Attachment 1 – Andrea Martinez Alvarez Redacted Youth Council Application

AGENDA
REPORT
60 61

Page 1 of 2 ends

March 26, 2024

Public Works

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM Daniel Chavarria, PE, Director of Public Works
Lina Velasco, Director of Community Development
SUBJECT:

San Francisco Bay Restoration Authority Grant
Resolution
FINANCIAL IMPACT: The City has received $4,600,000 from the San Francisco Bay Restoration Authority to complete the
project. No impact to the General Fund is anticipated for completion of this project.

PREVIOUS COUNCIL
ACTION:

March 16, 2021; May 2, 2023; July 11, 2023

STATEMENT OF THE
ISSUE:

The San Francisco Bay Restoration Authority approved a
$2,300,000 grant and another $2,300,000 augmentation
for the Terminal 4 Wharf Removal Project. The granting agencies require a Resolution be adopted by the grantee; therefore, City staff is seeking City Council approval to accept and appropriate the grant funds, including
authorizing the City Manager and designee to execute
any necessary grant documents to receive the funds.

RECOMMENDED ACTION:

ADOPT a Resolution Accepting and Appropriating the
$4,600,000 in grant funds from the San Francisco Bay
Restoration Authority for Terminal Four Wharf Removal
Project – Public Works Department/Community
Development Department (Daniel Chavarria 510-620-
5478/Lina Velasco 510-621-1231).

AGENDA
REPORT
62

Page 2 of 2 ends

March 26, 2024
DISCUSSION:

The Terminal Four Wharf Removal project consists of completing construction documents, derelict pilings demolition, removing decking, demolishing two buildings, and constructing enhanced rock slope protection, as well as monitoring at Terminal Four located at Point San Pablo, north of Point Molate.

The project is needed because the deteriorating warehouse, piles, decking, and debris of Terminal Four Wharf currently poses a marine debris problem, a navigation hazard, and continues to degrade and impair water and habitat quality. A key aspect of this project is that it will remove the environmentally hazardous creosote-treated wooden pilings from the San Francisco Bay.

The Terminal Four site is owned by the City of Richmond and is managed by the Port of Richmond. The site is located on the western shore of Richmond, California, approximately 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo.

The City has been planning the removal of the creosote-treated piles, deteriorated wharf decking, and structures at the Terminal Four site for a number of years. The State Coastal Conservancy (SCC) has provided support and assistance with this project since 2017, primarily through facilitating funding and taking the lead on early design and environmental review. The City is carrying out the implementation of the Terminal Four Wharf Removal Project as the property owner. A construction contract has already been awarded and work is in progress.

City staff has been working with the San Francisco Bay Restoration Authority (SFBRA) to seek an augmentation to the City’s previously approved grant to complete the project since the bids came in greater than previously anticipated. The SFBRA approved a $2,300,000 augmentation, for a total grant amount of $4,600,000. The additional funds will allow the City to complete full implementation of the project avoiding the need to revise or eliminate components of the project. Therefore, City staff is seeking City Council approval to adopt a Resolution accepting and appropriating the total $4,600,000 grant funds, including authorizing the City Manager or designee to execute any necessary grant documents. The City Council authorized and approved the grant funds on July 11, 2023; however, a Resolution is being requested by the granting agency after the fact in order to seek reimbursements.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Accepting & Appropriating Grant Funds Attachment 2 – SFBRA Grant Agreement
Attachment 3 – SFBRA Grant Agreement Amendment No. 1
63 RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING AND APPROPRIATING THE GRANT FUNDS FROM THE SAN

FRANCISCO BAY RESTORATION AUTHORITY FOR TERMINAL FOUR WHARF

REMOVAL PROJECT

WHEREAS, the San Francisco Bay Restoration Authority Act, Government Code §§ 66700-66706, establishes the San Francisco Bay Restoration Authority (“Authority”) as a regional entity to generate and allocate resources for the protection and enhancement of tidal wetlands and other wildlife habitat in San Francisco Bay and along its shoreline, and authorizes the Authority to award grants to public and private entities to achieve these purposes; and

WHEREAS, the Authority awards grants for eligible projects consistent with Government Code § 66704.5, the Authority’s Grant Program Guidelines, first adopted in May 2017, and the Authority’s San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure (“Measure AA”), passed by the voters in June 2016.

WHEREAS, at its June 18, 2021 and June 30, 2023 meetings, the Authority adopted a resolution authorizing a grant to City of Richmond (“grantee”) for Terminal Four Wharf Removal Project (“the project”). The resolution was adopted by the Authority pursuant to, and is included in, the Authority June 18, 2021 and June 30, 2023 staff recommendation, a copy of which are on file with the grantee and with the Authority.

WHEREAS, the Authority requires that governing body of the grantee certify through a resolution that it approves the award of Authority grant funding and authorizes the execution by a representative of the grantee of a grant agreement on terms and conditions required by Authority Grant Agreement No. SFB0032-RA027 (the “grant agreement”).

NOW, THEREFORE, be it resolved that the grantee hereby:

1. Approves and appropriates the award of grant funding, totaling $4,600,000 from the Authority for the project.

2. Acknowledges that it has or will have sufficient funds to complete the project and to operate and maintain, for the period set forth in the grant agreement, any property acquired or improvements constructed as a part of the project.

3. Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Authority and as may be necessary to fulfill the terms of the grant agreement.

4. Authorizes any person holding any of the following positions with the grantee to act as a representative of the grantee and to negotiate and execute on behalf of the grantee the grant agreement and all other agreements and instruments necessary to complete the project: City Manager, Deputy City Manager, and Director of Public Works.

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

64 I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Richmond at a meeting held on April 2, 2024 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

______________________

EDUARDO MARTINEZ
Mayor

Approved as to Form:

___________________________

DAVE ALESHIRE
City Attorney
65 STANDARD AGREEMENT
(RA 3/2018)

THIS AGREEMENT, made and entered into this _______ day of ________ , 2021 in the State of California, by and between the San Francisco Bay Restoration Authority, a regional public entity, through its duly appointed

, hereafter called the Authority, and

, hereafter called the Grantee.

The Grantee and the Authority hereby agree as follows:

I. SCOPE OF AGREEMENT
Pursuant to the San Francisco Bay Restoration Authority Act, California Government Code § 66700-66706, the San Francisco Bay Restoration Authority (“the Authority”) hereby grants to the City of Richmond (“the grantee”) a sum not to exceed $2,300,000 (two million three hundred thousand dollars), subject to this agreement. The grantee shall use these funds to complete the following project (“the project”) at Terminal Four Wharf and Warehouse at Point San Pablo, City of Richmond, Contra Costa County, as shown on Exhibit 1, which is incorporated by reference and attached.

(Continued on following pages)

The provisions on the following pages constitute a part of this agreement.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.

GRANTOR GRANTEE
AGENCY GRANTEE (If other than an individual, state whether a corporation, partnership, etc.) San Francisco Bay Restoration Authority City of Richmond BY (Authorized Signature) BY (Authorized Signature)
 

PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel, Interim Executive Officer Joe Leach, Public Works Director

ADDRESS & PHONE NUMBER ADDRESS
1515 Clay Street, 10th Floor
Oakland, CA 94612
Phone: (510) 286-1015
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 620-6530

AMOUNT ENCUMBERED BY THIS DOCUMENT

$2,300,000.00

PROGRAM/CATEGORY (CODE AND TITLE)

Measure AA

PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT WORK ITEM NUMBER $-0- 441-1784-19-5850

TOTAL AMOUNT ENCUMBERED TO DATE PROJECT NAME
$2,300,000.00 Terminal Four Wharf Removal Project
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

PRINTED NAME AND TITLE OF PERSON SIGNING SIGNATURE DATE 

GRANTEE ACCOUNTING PROJECT MANAGER AGREEMENT FILE AGREEMENT NUMBER AM. NO.

SFB0032-RA027

TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION
NO.
94-6000403

TITLE OF OFFICER ACTING FOR PUBLIC ENTITY PUBLIC ENTITY Executive Officer San Francisco Bay Restoration Authority

GRANTEE'S NAME
City of Richmond
DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 November5th
Raymond Woo
Budget Manager
11/11/2021
66 City of Richmond
Grant Agreement No. SFB0032-RA027

Page 2 ends

The project consists of completing final designs, confirming the cost estimate, and obtaining regulatory permits, for the Terminal Four Wharf Removal Project. The project also includes implementation which consists of demolishing derelict pilings, decking, and buildings; sorting and safe disposal of the material; constructing enhanced rock slope protection that incorporates “living” habitat elements; post-project monitoring of the eelgrass bed and enhanced rock slope protection; and reporting.

The Terminal Four site is owned by the grantee and is managed by the grantee’s Port Operations Department (Port of Richmond). The site is located on the western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo.

The grantee shall carry out the project in accordance with this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project.

II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not begin construction of the project and the Authority shall not be obligated to disburse any funds unless and until the following conditions precedent have been met:

The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee.

The Executive Officer of the Authority (“the Executive Officer”) has approved in writing:

a. A work program for the project, as provided in section “VI. WORK PROGRAM.”

b. A plan for installation of signs and acknowledgment of Authority support, as provided in section “VII. SIGNS AND ACKNOWLEDGMENT.”

c. All contractors that the grantee intends to retain in connection with the project. The grantee must provide written evidence to the Authority that each contractor has complied with the bonding requirements described in section “VIII. BONDING.”

The grantee has provided written evidence to the Authority that:

a. All permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained.

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b. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in section “XVII. INSURANCE.”

c. The grantee has entered into a project labor agreement with the local Building Trades Council(s) for the county(ies) in which the project is located that covers all project work that is within the craft jurisdictions of the Unions and that contains the terms required by Authority Resolution 22, which is attached as Exhibit 2.

Notwithstanding the above, the grantee may begin to prepare plans, specifications and engineering work upon meeting conditions precedent no. 1 2(a) and 2(b), and upon the Executive Officer’s review and approval of a separate work program for preparation of the plans, specifications and engineering work (tasks, budget and timeline) and approval of any contractors that the grantee will retain to perform such work.

III. ADDITIONAL GRANT CONDITIONS
The grantee shall also meet the following conditions:

The Publication of Project Information. The grantee shall upload project information, including periodic monitoring data, to the project tracker for “EcoAtlas”, an online database and web-based viewer of stream and wetland maps, restoration information, and monitoring results (currently available at http://ptrack.ecoatlas.org/), to track project information and aggregate data.

Using the Lessons Learned Report form provided by the Authority and in accordance with the deadline set forth in “XI. PROJECT COMPLETION,” the grantee shall submit a report describing whether the project met the project goals and information learned from project implementation that could help others more effectively implement similar projects.

IV. TERM OF AGREEMENT
This agreement will take effect when signed by both parties. The Authority will sign last and will enter the date it signs on the first page, which date is deemed the effective date. This agreement may be signed electronically using a process specified by the Authority.

This agreement shall run from its effective date through August 30, 2048 (“the termination date”) unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by August 30, 2028 (“the completion date”).

The grantee shall deliver a final Request for Disbursement to the Authority no later than September 30, 2028.

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V. AUTHORIZATION
The signature of the Executive Officer of the Authority on this agreement certifies that at its’ June 18, 2021 meeting, the Authority adopted the resolution included in the staff recommendation attached as Exhibit 3. This agreement is executed under that authorization.

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Standard Provisions

VI. WORK PROGRAM
Before beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. The work program shall include:

1. Construction plans and specifications that have been certified by a licensed architect or registered engineer or approved by the grantee’s Public Works Director.

A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date.

A detailed project budget. The project budget shall describe all labor and materials costs of completing each component of the project, including the grantee’s labor and materials costs and costs to be incurred under a contract with any third party retained by the grantee for work under this agreement. For each project component, the project budget shall list all intended funding sources, including the Authority’s grant, and all other sources of monies, materials, or labor. The grantee shall review the plans with Authority staff, on-site if feasible.

A list of best management practices that will be implemented to reduce the project’s greenhouse gas emissions.

If all or any part of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee, the grantee shall submit to the Executive Officer for review and approval the names and qualifications of the contractors.

The work program shall have the same effect as if included in the text of this agreement.

However, the work program may be modified without amendment of this agreement upon the grantee’s submission of a modified work program and the Executive Officer’s written approval of it. If this agreement and the work program are inconsistent, the agreement shall control.

The grantee shall construct the project in accordance with the approved work program.

VII. SIGNS AND ACKNOWLEDGMENT
Prior to beginning the project, the grantee shall submit, for review and written approval by the Executive Officer, a plan for the installation of signs and acknowledgment of Authority support.

Except as the Executive Officer agrees otherwise, the plan shall commit the grantee to mention DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 70 City of Richmond
Grant Agreement No. SFB0032-RA027

Page 6 ends

the Authority’s support in its project-related press releases, contacts with the media, and social media postings, and on its website.

The plan shall commit the grantee to install and maintain a sign or signs visible from the nearest public roadway identifying the project, acknowledging Authority assistance and displaying the Authority’s logo. The Authority shall provide to the grantee specifications for the signs. The grantee may incorporate the required information into other signs as approved by the Executive Officer. In special circumstances, where the placement of signs or the general specifications are inappropriate, the Executive Officer may approve alternative, more appropriate methods for acknowledging the sources of funding. The grantee sign plan shall describe the number, design, placement and wording of the signs, or the specifications of a proposed, alternative method. The grantee shall implement the approved signs and acknowledgment plan. The Authority will withhold final disbursement until the signs are installed as approved by the Authority.

VIII. BONDING
If the grantee intends to use any contractors on any portion of the project to be funded under this agreement, construction shall not begin until each contractor has furnished a performance bond in favor of the grantee in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000.

Any bond furnished under this section shall be executed by an admitted corporate surety insurer licensed in the State of California.

IX. COSTS AND DISBURSEMENTS
When the Authority determines that all conditions in section “II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT” have been fully met, the Authority shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section.

The withholding for this agreement is ten percent. The Authority shall disburse funds for costs incurred to date, less ten percent, upon the grantee’s satisfactory progress under the approved work program, and upon the grantee’s submission of a “Request for Disbursement” form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Authority’s fiscal year ends on June 30. For all costs the grantee incurs through the end of the Authority’s fiscal year, Requests for Disbursement shall be submitted by July 20th. The Authority shall disburse the ten percent withheld upon the grantee’s satisfactory completion of construction and compliance with section “XI. PROJECT COMPLETION,” and upon the Authority’s acceptance of the project.

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Upon the completion of any project task identified in the work program to the satisfaction of the Authority, the Authority may disburse the funds withheld for that task, provided that the grantee has complied with the “XI. PROJECT COMPLETION” section below, with respect to the project task. The final disbursement, together with amounts earlier withheld and not subsequently disbursed, shall be made upon the grantee’s satisfactory completion of construction of the project and compliance with the “XI. PROJECT COMPLETION” section of this agreement, and upon the Authority’s acceptance of the project.

The Authority will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. Hourly rates for employee time billed to the Authority shall be equal to the actual compensation paid by grantee to employees, which may include employee benefits.

The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Authority. The Authority will reimburse travel and related expenses at actual costs not to exceed the state employee rates as identified on the California Department of Human Resources (CalHR) website under travel reimbursements for state employees. Except for rates for operating a private vehicle, the Conservancy may reimburse in excess of the state employee rates upon documentation that these rates are not reasonably available to the grantee. The Authority will reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors.

The grantee shall request disbursements by filing with the Authority a fully executed “Request for Disbursement” form (available from the Authority). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred of all work done for which disbursement is requested. The form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement.

An authorized representative of the grantee shall sign the forms. Each form shall be accompanied by:

All receipts and any other source documents for direct expenditures and costs that the grantee has incurred.

Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing.

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A progress report summarizing the current status of the project and the work for which the grantee is requesting disbursement.

Written substantiation of completion of the portion of the project for which disbursement is requested.

The grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Authority of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies.

X. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG

BUDGET ITEMS
No increase in the total amount of this grant will be valid unless set forth in a written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overhead and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided that the grantee first submits a revised budget to the Authority and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Authority may withhold payment for items that exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement.

XI. PROJECT COMPLETION
Upon completion of the project, the grantee shall supply the Authority with evidence of completion by submitting a final report by the final Request for Disbursement date set forth in section “IV. TERM OF AGREEMENT” that includes:

1. A report certifying completion of the project according to the approved work program, including photographs documenting project completion.

2. Documentation that signs are installed as required by section “VII. SIGNS AND ACKNOWLEDGMENT.”

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3. A fully executed “final Request for Disbursement.” A “final Request for Disbursement” means a Request for Disbursement that includes the withheld amounts and all remaining amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.

4. A final inspection report by a licensed architect or registered engineer or the grantee’s Public Works Director, and a copy of “as built” drawings of the completed project.

The Lessons Learned Report.

The Authority shall determine whether the grantee has satisfactorily completed the project. If so, the Authority shall issue to the grantee a letter of acceptance of the project and release the withhold amount pursuant to section “IX. COSTS AND DISBURSEMENTS.” The project shall be deemed complete as of the date of the letter.

XII. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days’ notice in writing.

Before the project is complete, the Authority may terminate or suspend this agreement for any reason by providing the grantee with seven days’ notice in writing. In either case, the grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Authority. The Authority shall be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from the Authority authorizes work to resume.

If the grantee fails to complete the project as required or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Authority of all amounts disbursed by the Authority under this agreement. The Authority may consider extenuating circumstances and not require repayment for work partially completed.

This paragraph shall not be deemed to limit any other remedies the Authority may have for breach of this agreement.

Before the project is complete, the grantee may terminate this agreement for any reason by providing the Authority with seven days’ notice in writing and repaying to the Authority all amounts disbursed by the Authority under this agreement. The Authority may consider extenuating circumstances and allow early termination without repayment for work partially completed.

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The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section.

The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.

XIII. OPERATION AND MAINTENANCE
The grantee shall use, manage, maintain and operate the completed project throughout the term of this agreement consistent with the purposes for which the Authority’s grant was made as set forth in Exhibit 3. The grantee assumes all operation and maintenance costs of the completed project; the Authority has no responsibility for any cost of maintenance, management, or operation of the completed project. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer.

For purposes of this agreement, “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. “Maintenance costs” include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures.

XIV. MITIGATION
Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the Authority has funded this project. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the Authority. As used in this section, mitigation includes, but is not limited to, any use of the property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation.

XV. INSPECTION
Throughout the term of this agreement, the Authority shall have the right to inspect the project area to ascertain compliance with this agreement.

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XVI. INDEMNIFICATION AND HOLD HARMLESS
The grantee shall indemnify and hold harmless the Authority, its officers, agents, and employees from any and all losses, liabilities, claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees (collectively the “Losses”), resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors, and employees, or in any way connected with or arising out of this agreement, except to the extent such Losses result from the active negligence or willful misconduct of the Authority, its officers, agents, or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq.

The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the Authority, its officers, agents, or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement.

Nothing in this agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this agreement.

The obligations in this section “XVI. INDEMNIFICATION AND HOLD HARMLESS” will survive termination of this agreement.

XVII. INSURANCE
The grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the grantee or its agents, representatives, employees, contractors associated with the project undertaken pursuant to this agreement.

As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage requirement in whole or in part through: (a) its contractors’ procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee’s participation in a “risk management” plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section.

The grantee shall maintain property insurance, if required below, throughout the term of this agreement. Any required errors and omissions liability insurance shall be maintained from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date.

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Minimum Scope of Insurance. Coverage shall be at least as broad as:

a. Insurance Services Office (“ISO”) Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable.

b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto).

c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and Employer’s Liability insurance.

d. Watercraft Liability: If the project will utilize private watercraft, endorsement to Commercial General Liability policy or Protection and Indemnity Insurance. Such insurance shall cover liability arising out of the maintenance and use of any watercraft covering owned, hired and non-owned vessels.

e. Course-of-construction (also known as “Builder’s Risk”) insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.)

f. Property insurance covering the loss, damage, or destruction of the facilities or structures constructed under this agreement against fire and extended coverage perils. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild and/or repair the damaged portions of the facilities and structures constructed under this agreement.)

Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than:

a. General Liability:
(Including operations,
products and completed
operations, as applicable)

$2,000,000 per occurrence for bodily injury,
personal injury and property damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to the activities under this agreement, or the
general aggregate limit shall be twice the required
occurrence limit.

b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

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c. Worker’s Compensation
and Employer’s Liability:

Worker’s compensation as required by law and
Employer’s Liability of no less than $1,000,000
per accident for bodily injury or disease.

d. Watercraft Liability (for
private vessel) coverage, if
required under 1.d., above:

In the following amounts:

a. Vessels under 30 ft.: $1,000,000 combined
single limit.

b. Vessels over 30 ft. or vessel involved in
research: $2,000,000 combined single limit.

e. Course of Construction: “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project
with no coinsurance penalty provisions.

f. Property Insurance: 90 percent of full replacement cost of the facilities or structures.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer.

Required Provisions Concerning the Authority.

a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by first class mail has been given to the Authority; or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to the Authority. The grantee shall notify the Authority within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Authority with evidence of renewal or replacement of the policy.

b. The grantee hereby grants to the Authority, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the Authority, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer.

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c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

i. The Authority, its officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with the work or operations.

ii. For any claims related to this agreement, the grantee’s insurance coverage shall be primary insurance as respects the Authority, its officers, agents and employees, and not excess to any insurance or self-insurance of the Authority.

iii. The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement.

Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Authority and approved in writing by the Executive Officer.

Verification of Coverage. The grantee shall furnish the Authority with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Authority may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor’s profession and in a reasonable amount in light of the nature of the project with a minimum limit of liability of $1,000,000.

Premiums and Assessments. The Authority is not responsible for premiums and assessments on any insurance policy.

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XVIII. AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, “required records”) relating to this agreement, in accordance with the guidelines of “Generally Accepted Accounting Principles” (“GAAP”) published by the American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the project, and the use, management, operation and maintenance of the real property, time and effort reports, and supporting documents that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation.

The Authority or its agents may review, obtain, and copy all required records. The grantee shall provide the Authority or its agents with any relevant information requested and shall permit the Authority or its agents access to the grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations.

The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Authority, and the final year to which the particular records pertain.

The records shall be subject to examination and audit by the Authority and the California State Auditor during the retention periods.

If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors.

The Authority may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement.

After completing the project, the grantee shall promptly conduct a final financial and compliance audit of revenue and expenditures. An independent Certified Public Accountant shall conduct the audit and prepare a report in compliance with GAAP. In place of performing a separate audit, the grantee may submit to the Authority, within a time that the Authority specifies, a copy of the grantee’s federal “single audit.”

XIX. COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, Authority funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.

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XX. NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the Authority to implement such article. The grantee shall permit access by representatives of the Department of Fair Employment and Housing and the Authority upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Authority shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement.

XXI. AMERICANS WITH DISABILITIES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

XXII. PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861.

If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations.

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XXIII. INDEPENDENT CAPACITY
The grantee, and the agents and employees of grantee, in the performance of this agreement, will be acting in an independent capacity and not as officers or employees or agents of the Authority.

XXIV. ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part.

XXV. TIMELINESS
Time is of the essence in this agreement.

XXVI. EXECUTIVE OFFICER’S DESIGNEE
The Executive Officer shall designate an Authority project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing.

XXVII. AMENDMENT
Except as expressly provided in this agreement, no changes in this agreement will be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement will be binding on any of the parties.

DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 82 Exhibit 1

Exhibit 1: Project Location Map

Terminal Four
Wharf Removal
Project
,
Rich
mond

DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 83 Exhibit 2
Item 7: Resolution 22 to Adopt PLA, of 3
San Francisco Restoration Authority
Resolution 22

Supporting the Creation of Quality Jobs through Habitat Restoration, Flood Protection and Public Access Projects

Whereas, the San Francisco Bay Restoration Authority (Authority) is a regional government agency charged with raising and allocating resources for the restoration, enhancement, protection and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline, as well as related public recreational amenities and flood management features; and Whereas, in June of 2016 voters in the nine county San Francisco Bay Area approved Measure AA which will generate approximately $500 million in new local revenue to restore wildlife habitat, help improve our region's resilience to climate change by protecting communities, businesses, roads, wastewater treatment plants and other vital infrastructure from flooding due to extreme weather events, increase shoreline public access and more; and this local funding could be used to leverage an equal or greater amount of state, federal and other resources to support Bay restoration projects; and

Whereas, by generating local funds, and potentially other state and federal funds, for Bay restoration, the Authority has the ability not just to restore w ildlife habitat, protect communities from flooding and improve public access, but also to create quality jobs for the local workforce that support our mission; and
Whereas, it is in the interest of the Authority and the public it serves to build safe, high-quality projects with a properly trained workforce; and

Whereas, the Authority has the responsibility to promote and oversee efficient project delivery and to monitor the efficient use of public fimds, and the timely and successful completion of Authority-funded projects is of the utmost importance to the Authority and the general public; and

Whereas, it is in the interest of the Authority and the public it serves that Authority -funded construction projects proceed without labor disruptions that can cause delay; and to create an efTective and efficient mechanism to minimize the possibility of any such disruptions, thereby promoting cost containment and timely completion of projects; Whereas, the use of project labor agreements will efTectuate the Authority's intent to complete Authorityfunded construction projects consistent with the goals and purposes set forth above; DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 84 Exhibit 2

NOW, THEREFORE, BE IT RESOLVED that the Authority shall require all grante es of Authority funds to negotiate, enter into and execute a standard project labor agreement with the local Building Trades Council(s) for the applicable county(ies) that covers all work within the craft jurisdictions of the Unions (e.g. construction, rem ediation, demolition, alteration, installation, improvement, repair, etc.) för any
I
San Francisco Restoration Authority
construction project where (a) the total cost of the project exceeds $500,000, and (b) the Authority's funding of the project exceeds ten percent (10%) of the total cost of the project.

BE IT FURTHER RESOLVED that such project labor agreement shall provide that (a) All contractors and subcontractors shall recognize the affiliated Unions as the exclusive bargaining representatives of the craft workers employed on the project; (b) All contractors and subcontractors shall use the Union hiring halls for satisfying all project craft needs on the project; (c) The wages, benefits and working conditions of the craft employees performing work on the project shall be governed by the Master Labor Agreements of the Union(s) recognized as the bargaining representative(s) of the applicable craft(s); (d) All contractors and subcontractors shall hire apprentices indentured in the State-approved joint apprenticeship training program(s) for the applicable craft(s) or trade(s) for work on the project in accordance with the apprentice ratios contained in California Labor Code Section 1777.5; (e) The "Helmets to Hardhats" Program shall be used to assist returning Veterans in obtaining employment and training opportunities on the project; and (f) There shall be no strikes or lockouts on the project and a dispute resolution mechanism shall govern any conflicts.

BE IT FURTHER RESOLVED that this Resolution and i ts provisions shall not apply to a grantee of Authority funds when the grantee's project is funded by, sponsored by, or otherwise undertaken in collaboration with, the U.S. Army Corps of Engineers.

BE IT FURTHER RESOLVED that if after the Authority has exerted all reasonable efforts to secure a project labor agreement for the project without success, has met with, considered, and addressed to the fullest extent feasible, the interests of the applicable Building Trades Council(s), and has made other such efforts as are consistent with carrying out the goals of this policy, and the Governing Board of the Authority finds application of this policy would preclude Authority funding for a project, then the Governing Board of the Authority may determine that this policy shall not apply to the particular project at issue.

PASSED AND ADOPTED by the Governing Board of the San Francisco Bay Restoration Authority at its meeting on November 30, 2016, by the following vote:

DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 85 Exhibit 2

Dave Pine
Chair
2 San Francisco Restoration Authority
I, Kelly Malinowski, Clerk of the Governing Board of the San Francisco Bay Restoration Authority, do hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the Governing Board of the San Francisco Bay Restoration Authority at its meeting of November 30, 2016, which Resolution is on file in the office of this regional government entity.

AYES: Governing Board Members

NOES: Governing Board Members
ABSENT: Governing Board Members

ABSTENTIONS: Governing Board Members
Kei
linowski
Clerk
of
the
Governing
Board
DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 86 Exhibit 3
Item 7: Resolution 22 to Adopt PLA, of 3

SAN FRANCISCO BAY RESTORATION AUTHORITY

Staff Recommendation
June 18, 2021

TERMINAL FOUR WHARF REMOVAL PROJECT

Project No. RA-027
Project Manager: Marilyn Latta

RECOMMENDED ACTION: Consideration and authorization to disburse up to $2,300,000 to the City of Richmond for final design, implementation, and monitoring of the Terminal Four Wharf Removal Project near Point San Pablo, Contra Costa County, and adopt findings pursuant to the California Environmental Quality Act.

LOCATION: City of Richmond, Contra Costa County; Measure AA Region: East Bay

MEASURE AA PROGRAM CATEGORY: Safe, Clean Water and Pollution Prevention Program, Vital Fish, Bird and Wildlife Habitat Program

EXHIBITS
Exhibit 1: Project Location and Site Map
Exhibit 2: Photographs
Exhibit 3: Enhanced Rock Slope Protection Design
Exhibit 4: Mitigated Negative Declaration for the Terminal Four Wharf, Warehouse, and Piling Removal Project
Exhibit 5: Mitigation, Monitoring, and Reporting Program for the Terminal Four Wharf, Warehouse, and Piling Removal Project

RESOLUTION AND FINDINGS
Staff recommends that the San Francisco Bay Restoration Authority adopt the following resolution and findings:

Resolution:

DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 87 Exhibit 3

The San Francisco Bay Restoration Authority hereby authorizes the disbursement of an amount not to exceed two million three hundred thousand dollars ($2,300,000) to the City of Richmond for final design, implementation, and monitoring of the Terminal Four Wharf Removal Project near Point San Pablo, Contra Costa County. Prior to commencement of the project, the grantee shall submit for the review and written approval of the Executive Officer of the Authority the following:

1. A detailed work program, schedule, and budget.

2. Names and qualifications of any contractors to be retained in carrying out the project.

3. A plan for acknowledgement of Authority funding.

4. Evidence that all permits and approvals required to implement the project have been obtained.

5. Evidence that the grantee has entered into a project labor agreement consistent with San Francisco Bay Restoration Authority Resolution 22.

Findings:

Based on the accompanying staff recommendation and attached exhibits, the San Francisco Bay Restoration Authority hereby finds that:

1. The proposed authorization is consistent with The San Francisco Bay Restoration Authority Act, Gov. Code Sections 66700-66706.

2. The proposed authorization is consistent with The San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure (Measure AA).

3. The San Francisco Bay Restoration Authority has independently reviewed and considered the “Terminal Four Wharf, Warehouse, and Piling Removal Project Initial Study/Mitigated Negative Declaration” (MND), and Mitigation, Monitoring, and Reporting Program (MMRP) adopted by the State Coastal Conservancy on November 19, 2020 and attached to this staff recommendation as Exhibits 4 and 5. The Authority finds that, as mitigated and designed, there is no substantial evidence that the proposed project will have a significant effect on the environment. The only potential effects, for which mitigation is proposed, are in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Noise, Tribal Cultural Resources and the Authority finds that there is substantial evidence that the mitigation measures identified in the MND will avoid, reduce or mitigate any possible significant environmental effect of the project to a lessthan-significant level.

STAFF RECOMMENDATION

PROJECT SUMMARY:

Staff recommends that the Authority authorize disbursement of up to $2,300,000 to the City of DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 88 Exhibit 3

Richmond for final design, implementation, and monitoring of the Terminal Four Wharf Removal Project (project), which consists completing construction documents, demolishing derelict pilings, decking, and two buildings, and constructing enhanced rock slope protection, and monitoring at Terminal Four near Point San Pablo in Contra Costa County.

The project is needed because the deteriorating warehouse, piles, decking, and debris of the Terminal Four Wharf currently pose a marine debris problem and a navigation hazard, and also continue to degrade and impair water and habitat quality. The existing debris and pile field inhibit the expansion of nearby eelgrass beds (See Exhibit 2, Figures 1-4, 9). When Pacific herring and other fish and marine invertebrates spawn on creosote-treated piles, exposure to polyaromatic hydrocarbons (PAHs), which are part of the creosote compound, results in adverse effects. In Pacific herring, these effects include developmental delays, degeneration, changes in movement, alterations to cardiac function in embryos, lower rate of hatching success, and skeletal defects in larvae.

This project is a priority for the Authority and was selected in competitive Grant Round Four because it will remove toxic creosote pilings from San Francisco Bay, a key priority identified in the Subtidal Habitat Goals Report. The Terminal Four site is owned by the City of Richmond (City) and is managed by the City’s Port Operations Department (Port). The site is located on the western shore of Richmond, California, about 2.5 miles northwest of the eastern end of the Richmond-San Rafael Bridge, and just south of the tip of Point San Pablo (Exhibits 1 and 2).

The City, in partnership with the State Coastal Conservancy (Conservancy), has been planning the removal of the creosote-treated piles and deteriorated decking at the Terminal Four site for a number of years, and removal of these structures will achieve the following goals:

1. Increase the ecological health of San Francisco Bay by removing derelict pilings, including those containing creosote-treated wood, and large amounts of artificial fill and solid debris from the Bay floor and waters;

2. Improve spawning and development of Pacific herring through removal of the creosotetreated piles, which have been shown to have detrimental effects on early life history stages of Pacific herring, particularly when herring lay their eggs on these toxic structures;

3. Maintain the existing degree of shoreline protection while avoiding activities that would increase the current degree of erosion potential along that portion or adjacent portions of the coastline; and

4. Protect and enhance the existing eelgrass beds and other biological resources.

In addition, the project will help to increase climate resiliency by cleaning this area of the shoreline and strengthening the natural eelgrass beds and shoreline habitats which act as green infrastructure that provides nature-based adaptation to climate change impacts, such as sea level rise and shoreline erosion.

The City and Conservancy have been supporting this project since 2014, primarily through establishing partnerships, facilitating funding, and leading the design and environmental review.

Previous planning work to date includes habitat restoration and coastal processes assessments, DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 89 Exhibit 3

upon which preparation of environmental documentation, 60% designs, and permit applications (submitted September 2020 to the Bay Restoration Regulatory Integration Team) were based.

The proposed project consists of completing designs, demolishing the decking, warehouse and dockmasters office, and all pilings, sorting and safely disposing of the material. In addition, the project includes constructing a 350-foot portion of rock slope protection that incorporates “living shoreline” habitat elements such as native plantings at the crown, cobbles with native seaweeds embedded into the face of the rock slope, and oyster reef elements incorporated into the toe of the rock slope; and it includes post-project monitoring of the eelgrass bed and the enhanced rock slope protection. Removal designs take into account that there is a range of estimates of the current number of pilings and volume of debris, as described in the “Site Description” section, below.

Removing creosote pilings, structures, and debris will enhance eelgrass beds by reducing the shading and toxicity. The eelgrass, in turn, will provide a healthier substrate on which Pacific herring and other organisms can attach their eggs, and will provide physical structure and food resources for species such as salmon and sturgeon.

While the primary ecological benefits will result from removal of the derelict structures and debris, the innovative living shoreline component of the project will provide additional habitat benefits. The experimental design for the enhanced rock slope includes a pilot “green-grey hybrid” approach that is being tested for the first time at this site to enhance biological habitats on a traditional rock rip rap revetment. The design incorporates subtidal reef structures that will provide habitat space for native Olympia oysters and other aquatic invertebrates and plants (Exhibit 3). The reef structures will also help trap and stabilize sediments in the areas formerly occupied by creosote-treated pilings. Extending the range of Pacific rockweed, one the native seaweeds to be embedded in the rock slope, will provide an additional type of spawning substrate for herring. Planting native vegetation at the crown of the enhanced slope will further enhance the overall habitat complexity and diversity at the former wharf site.

The City has substantial experience in managing, reporting and billing many types of projects funded by grants from state and regional public agencies, and the City and Conservancy have a strong track record of implementing successful projects. From 2014-2018, the City and the Conservancy completed the SF Bay Creosote Removal and Pacific Herring Restoration Project with a grant from the National Fish and Wildlife Foundation (NFWF). This collaborative effort included design, permitting, creosote-treated pile removal, construction of a living shoreline through installation of 200 oyster reef elements (Exhibit 2, Figures 5-8) and planting of 2,500 eelgrass seedlings, pre- and post-construction monitoring, public information sharing, and documenting lessons learned and sharing them with Bay Area resource agencies and environmental groups. This previous project was implemented at the former Red Rock Warehouse site (Exhibit 2, Figures 5-8) located slightly north and directly adjacent to the proposed project site. The City and its partners will be able to take knowledge and lessons learned from this previous project and apply them to the proposed project implementation, saving time and costs.

The project is supported by the National Oceanic and Atmospheric Administration (NOAA), the San Francisco Bay Conservation and Development Commission (BCDC), East Bay Regional DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 90 Exhibit 3

Park District (EBRPD), the Conservancy, and the San Francisco Bay Joint Venture. The project also has broad public support from non-governmental organizations such as Baykeeper, The Watershed Project, Point Molate Alliance, Trails for Richmond Action Committee, and many others.

The proposed project is part of a continuing effort by the Conservancy, BCDC, NOAA, San Francisco Estuary Partnership, and the Ocean Protection Council to promote long-term management and restoration of subtidal habitats in the San Francisco Bay. The piling removal projects helps implement the San Francisco Bay Subtidal Habitat Goals Recommendations (Subtidal Goals), Artificial Structures Restoration Goal 1 for derelict piling/structure removal; and Goal 2 which recommended using a pilot project approach to remove artificial structures and creosote pilings at targeted sites in combination with active or passive restoration of natural habitats that provide environmental benefits with reduced engineering of hard structures (a “living shoreline”).

There are no known barriers to implementation and there is broad support for the project. While the site is currently off-limits to public access, the future plan is to construct Bay Trail segments that link all areas from the Richmond Bridge, including Point Molate Beach Park, Terminal Four, and Point San Pablo Yacht Harbor (Harbor). The first two sections of trail totaling two and a half miles from the Bridge to the area just south of Terminal Four have been funded and are in permit consultation now, with construction expected to occur in 2022. In the future, the City of Richmond and others will fundraise and plan for the trail to extend through Terminal Four to the Harbor, which is another one and a half miles.

Site Description: The Richmond Terminal Four Wharf Removal site is near the northwestern tip of Point San Pablo (Exhibit 1) and extends along a rubble-armored shoreline at the north and central portions of the pier and in front of a small cove at the southern end of the pier (Exhibit 2). Based on a review of historic bay charts, the Terminal Four structures were built sometime between 1850 and 1915. However, other sources list them as being built in the 1930’s and being initially used for handling and processing fish. The site was used primarily over the years for storage, distribution and processing of vegetable and animal oils, petroleum fuels and additives, and other chemicals. Storage tanks on the shore were used to supply ships docked at the wharf.

Exhibits 2 and 3 show the key site features of the Terminal Four Wharf Removal site which include:
• Approximately 2,150 standing piles, of three types described below; • A 1,000-foot-long wharf area of deteriorated wood creosote decking; • An 1,100 square foot dockmaster’s office building;
• A deteriorated wooden warehouse located over the water with a footprint of about 12,800 square feet; and
• Up to 2,700 tons of debris on the bay bottom, made up of pieces of structures that have already collapsed and fallen into the bay.

According to a survey conducted by the San Francisco Estuary Institute (SFEI) in 2009 of the entire San Francisco Bay region (Subtidal Goals 2010), there were approximately 2,500 pilings at the Terminal Four Wharf site. More recently, as part of the design process, Merkel & Associates (2014) conducted a survey largely by sidescan sonar, which resulted in slightly lower estimates of piles ranging from 2,127 to 2,347 total piles within the structure. In 2019 C&W DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 91 Exhibit 3

Divers were hired to assess the structure a third time, and they noted 2,150 pilings still standing and up to 2,700 tons of concrete, wood, and other debris on the bay floor. This data shows the substantial deterioration over a short period of time, and the structures have degraded further since 2019. However, since the collapsed beams and decking material can block sidescan sonar, and visibility is limited due to the hazardous structures and due to high turbidity (due to high levels of suspended sediment) in the bay, there remains substantial uncertainty regarding the piling count, which has been taken into consideration during design.

PROJECT FINANCING

San Francisco Bay Restoration Authority $2,300,000
Coastal Conservancy $3,000,000
Project Total $5,300,000

Conservancy funds to be granted to the City for this project will consist of mitigation funds for fill removal paid to the Conservancy to satisfy conditions of regulatory permits, and settlement agreement funds, both of which have been placed in accounts within the Conservancy’s Coastal Trust Fund that were established expressly for the Richmond Terminal Four Wharf Removal Project. These mitigation and settlement funds, which will be passed through the Conservancy, originated with the following sources:

BCDC (Caltrans mitigation funds) $162,944
Chevron $210,000
Water Emergency Transportation Authority $1,230,000
Pacific Gas and Electric $1,080,000
City of Sausalito $33,480
Port of San Francisco $101,160
TransBay Cable LLC $19,602
Accumulated Interest $162,814 Total Conservancy Funds $3,000,000

The specific fund sources and purposes are consistent with the project.

CONSISTENCY WITH AUTHORITY’S ENABLING LEGISLATION, THE SAN FRANCISCO BAY RESTORATION AUTHORITY ACT:

Consistent with Section 66704.5(a), the City is a public entity. Consistent with 66704.5(b)(1) the project will “restore, protect, or enhance tidal wetlands, managed ponds, or natural habitats on the shoreline in the San Francisco Bay area.” The project will advance removal of marine debris and fill in the Estuary, which will allow the 12-acre project area’s native habitats to recover from the fill, shading, and contamination; and will provide healthier habitat area and function to native fish, birds, and other wildlife. Consistent with Section 66704.5(b)(2), the project will “build or enhance shoreline levees or other flood management features that are part of a project” by replacing a 350-foot section of failing seawall with a pilot enhanced rock slope that will protect the shoreline from wave energy and erosion while also DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 92 Exhibit 3

enhancing shoreline habitats. Consistent with Section 66704(e) this award will be used to support planning, construction, and monitoring.

CONSISTENCY WITH MEASURE AA PROGRAMS AND ACTIVITIES: This authorization is consistent with the Safe, Clean Water and Pollution Prevention Program since it will remove toxic creosote pilings and other wharf structures that pollute the bay and harm water quality.

This authorization is also consistent with Measure AA’s Vital Fish, Bird and Wildlife Habitat Program since it will restore subtidal and shoreline habitats to benefit wildlife such as Pacific herring, coho salmon, steelhead, Dungeness crab, eelgrass, Olympia oysters, Pacific rockweed, and additional species of plants, birds, and other wildlife.

CONSISTENCY WITH MEASURE AA PRIORITIZATION CRITERIA:

1. Greatest positive impact: The Terminal Four wharf is the largest derelict creosote wharf structure in San Francisco Bay, and the project implements key Subtidal Goals recommendations to remove derelict fill in combination with piloting living shoreline designs. Removing toxic pilings, fill and debris, and sources of shading will have a substantial positive benefit to the bay’s subtidal and intertidal habitats at the site, improve shoreline ecological health and climate resilience, and clean up an unsafe area for future public access improvements.

2. Greatest long-term impact: The cleanup of this site will have a long-term impact through enhanced subtidal and intertidal shoreline habitats that will continue to grow, benefiting bay aquatic species such as Pacific herring that have been negatively impacted by spawning on toxic creosote pilings. The project also has a long-term benefit by facilitating future shoreline public access and trail opportunities that will be increased at the site.

3. Leveraging resources and partnerships: The project will leverage state and federal resources, and public/private partnerships. The City and Conservancy have developed a strong regional network of organizational partners, from local, state, and federal agencies to community groups, and the project has strong support. The partners engage multiple stakeholders in planning meetings and in technical forums and share information about project status through presentations and media coverage. NFWF funded the pilot project at the adjacent former Red Rocks Warehouse site, and also funded the 30% design for Terminal Four. Please see PROJECT FINANCING section above for additional funding partners. The project has strong support from the Trails for Richmond Action Committee, East Bay Regional Park District (EBRPD), The Watershed Project, and BayKeeper.

4. Benefits to economy: The project is a priority for the City because it will provide job opportunities and economic benefits. The construction will be competitively bid by the City, which includes measures to encourage local labor participation and fair wages. The project will use the services of a construction contractor selected through an open, competitive bid process. To the extent permitted by law, bidding will be subject to local business and hire DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 93 Exhibit 3

requirements, including the City's Business Opportunity Ordinance, Local Employment Program Ordinance, and Living Wage Ordinance.

5. Monitoring, maintenance, and stewardship: The project will be successful if all planned derelict wharf and fill material is removed and disposed of properly, and the enhanced rock slope performs as designed. The City will monitor activities during demolition to confirm it complies with permit requirements including biological monitoring. The City will also conduct monitoring survival and status of the enhanced rock slope elements, including oyster reef elements, seaweed transplants, and crown native plantings. The City will provide postdemolition and habitat monitoring reports to confirm goals have been met.

6. Coastal Conservancy’s San Francisco Bay Area Conservancy Program. The project is consistent with the Conservancy’s San Francisco Bay Area Conservancy Program’s Criteria in several ways briefly summarized below.

It will promote and implement three state plans:

San Francisco Bay Subtidal Habitat Goals Report (2010, jointly authored by the State Coastal Conservancy, California Ocean Protection Council, NOAA NMFS and Restoration Center, San Francisco Bay Conservation and Development Commission, and San Francisco Estuary Partnership), a 50-year Conservation Plan for submerged habitats in San Francisco Bay which recommends the removal of derelict piling structures in combination with piloting living shoreline techniques in San Francisco Bay.

Baylands Goals Science Update (2015): The update documents the progress made toward achieving the 1999 Baylands Goals and outlines strategies for continuing restoration progress in the face of climate change and sea-level rise. The Project is consistent with the Update’s recommendations to increase resilience to sea level rise by removing fill and cleaning up the shoreline along the Bay edge and enhancing subtidal and intertidal physical habitat and functions.

State Coastal Conservancy’s Strategic Plan (2018-2022): The Project is consistent with Objectives 12A, 12B, and 12D which call for the protection of tidal wetlands and subtidal habitat, protection of wildlife, and the enhancement of tidal wetlands and subtidal habitat. This project protects tidal wetlands, subtidal habitat and wildlife through the removal of fill and debris, as well as enhances these habitats through installation an enhanced rock slope protection.

This project will help refine best practices for removing creosote pilings from the Bay system and provide a model for new techniques for restoration of shoreline and subtidal habitats in the Bay. The techniques and designs resulting from this demonstration project have strong applicability at other sites in the Bay and in other estuarine systems on the Pacific Coast.

The project can be implemented in a timely way, as 60% designs are completed, and permit applications have been submitted and are expected to be issued in Fall 2021.

Implementation of wharf removal is expected to occur in 2022-23. Multiple benefits DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 94 Exhibit 3

including reduction in marine debris and fill, and enhancement of subtidal and intertidal shoreline habitats could be lost if the project is not quickly implemented.

The project includes matching funds from multiple local, state, and federal sources.

7. San Francisco Bay Conservation and Development Commission’s Coastal Management Program. The San Francisco Bay Plan (“Bay Plan”) was completed and adopted by BCDC in 1968 pursuant to the McAteer-Petris Act of 1965 and last amended in October 2011. The Bay Plan guides BCDC’s management and permitting decisions in the Bay. The project is consistent with the following policies articulated in Part III, Findings and Policy Section of the Bay Plan:

Subtidal Areas Policy 5 (adopted April 2002): “The [BCDC] should continue to support and encourage expansion of scientific information on the Bay's subtidal areas, including:
(a) inventory and description of the Bay's subtidal areas; (b) the relationship between the Bay's physical regime and biological populations; …(e) where and how restoration should occur.”

The proposed project will assist in implementation of this policy by providing additional data on best techniques for restoration at a specific site, describe the densities, locations, and species associated with subtidal habitats at that site, and conduct five years of monitoring on herring presence before and after construction.

Fish, Other Aquatic Organisms and Wildlife Policy 1 (amended April 2002): “To assure the benefits of fish, other aquatic organisms and wildlife for future generations, to the greatest extent feasible, the Bay's tidal marshes, tidal flats, and subtidal habitat should be conserved, restored and increased.”

The project is consistent with this policy because it will restore and increase subtidal and intertidal habitats in San Francisco Bay.

8. San Francisco Bay Joint Venture’s Implementation Strategy: The project is consistent with the Joint Venture’s Implementation Strategy in that it helps to clean up marine debris and fill from the bay and enhance subtidal and intertidal shoreline habitats. The project is included on the Joint Venture’s list, and the project proponents consulted with the Joint Venture staff and the Conservation Delivery Committee prior to applying for funding and received strong support.

COMPLIANCE WITH CEQA:

The 2020 “Terminal Four Wharf, Warehouse, and Piling Removal Project Initial Study and Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) was prepared for the project pursuant to the California Environmental Quality Act (CEQA) by the Conservancy as lead agency and adopted on November 19, 2020 (Exhibits 4-5).

The MND was prepared by the Conservancy in accordance with CEQA (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (California Code of Regulations Title 14, section 15000 et seq.). It describes the proposed project and provides an assessment of the project’s potential significant adverse impacts on the environment. The MND concludes that the proposed project will not have any significant effects on the environment after implementation of project DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 95 Exhibit 3

design features, conservation measures, avoidance and minimization and mitigation measures, and best management practices.

The MND indicates that the proposed project will not have a significant effect on the environment with incorporation of certain mitigation measures and adoption of the mitigation measure identified in the MMRP. The only potential effects, for which mitigation is proposed, are in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Noise, and Tribal Cultural Resources. The Authority’s grantee will be responsible for compliance with the mitigation measures. The potential significant effects and the mitigation measures are described below.

Aesthetics
Portions of work in the tidal zone may require intermittent nighttime construction work (i.e., between the hours of 5:00 p.m. and 7:00 a.m.), which would require lighting at the working face.

To ensure that nighttime lighting does not adversely affect receptors at the East Brother Light Station, the Conservancy would implement Mitigation Measure AES-1, Construction Lighting, and require the contractor to direct nighttime lighting used during construction toward the work face and away from the East Brother Light Station, Mitigation Measure AES-1, Construction Lighting, requires that nighttime lighting used during construction be directed toward the work face and away from the East Brother Light Station to the extent possible.

After demolition and construction activities are complete, there will be no operations-related lighting. For these reasons, the project will not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area, and the impact will be less than significant.

Air Quality
Demolition and construction activities would result in emissions of ozone precursors and criteria pollutants from the operation of off-road construction equipment and vehicle exhaust from vehicles transporting workers, construction materials and debris. In addition, water-based sources such as tugboats used to steer barges and work skiffs also produce air pollutants. Criteria pollutant emissions from off-road demolition and construction equipment as well as worker and truck trips were estimated using the most recent version of the California Emissions Estimator Model. Based on estimates of potential debris volumes that may need to be removed from the site, this analysis assumes that pile removal would require approximately 18 barge trips from the project site to the Port of Richmond’s Terminal Three sorting facility, the Port of San Francisco’s Pier 96, or another facility determined by the contractor, and approximately 350 truck trips from
Terminal Three or Pier 96 to one of the four planned disposal sites (assumed to be Potrero Hills Landfill in Suisun City for this analysis). In addition, approximately 230 haul truck trips would be needed to transport spoils from the project site and approximately 330 truck trips to transport ESRP construction materials to the project site.

Emissions from tugboats that would steer barges and work skiffs were estimated using marine diesel and gasoline engine emission factors, respectively, from the U.S. Environmental Protection Agency (U.S. EPA). The average daily emissions were calculated by adding the DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 96 Exhibit 3

emissions from all the construction phases and dividing the total by the number of construction workdays (after taking into account any overlapping of phases).

With mitigation and implementation of the referenced best management practices, project emissions would not exceed BAAQMD significance thresholds and adequate fugitive dust reduction measures would be implemented consistent with BAAQMD’s BMPs, and potential impacts related to the project’s individual emissions would be reduced to less than significant.

Biological Resources
Special-Status Wildlife

Western Burrowing Owl
Construction-related impacts to western burrowing owls would primarily include crushing burrows in use by owls for either breeding or wintering. In addition, noise, vibration, increased vehicular traffic and human presence during demolition activities, project staging and access could result in nest failure (disturbance, avoidance, or abandonment that leads to unsuccessful reproduction), or cause flight behavior that exposes an adult or its young to predators during the breeding season. These activities could also cause wintering birds to flush, expending energy or interrupting foraging and roosting, and potentially exposing an owl to predators. These will be significant impacts. Implementation of Mitigation Measure BIO-1, Avoidance and Minimization of Impacts to Western Burrowing Owl, would mitigate potential impacts to burrowing owls to a less-than-significant level.

Special-Status Bats
Impacts to special-status bats could occur if building demolition were to occur during periods of winter torpor; any bats present would likely not survive the disturbance. Disturbance to maternity roosts could impact survival of young. These disturbances would be a significant impact. Implementation of Mitigation Measure BIO-2, Avoidance and Minimization of Impacts to Roosting Bats, would reduce this impact to a less-than-significant level.

Special-Status Plants
Suisun marsh aster has not been confirmed in the project area, though potential habitat that could support this species occurs on-site. Construction-related impacts to Suisun marsh aster could occur due to vegetation removal activities within and adjacent to rip-rap; damage during removal of railroad remnants, steel holding tank, concrete box or utilities and pipes, which are located in or on rip-rap; or direct crushing by materials or vehicles using the potential staging areas and roads adjacent to rip-rap. Implementation of Mitigation Measure BIO-3, Avoidance and Minimization of Impacts to Special-Status Plants, would reduce this impact to a less- thansignificant level.

Marine Mammals
Hydroacoustic Impacts

• Vibratory hammers may be required to remove creosote-contaminated piles. Use of a vibratory hammer has the potential to generate increased underwater sound levels that are dangerous to aquatic species, marine mammals in particular.

DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 97 Exhibit 3

• Vibratory pile drivers work on a different principal than impact pile-driving hammers and therein produce a different sound profile. A vibratory driver works by inducting particle motion to the substrate immediately below and around the pile, causing liquefaction of the immediately adjacent sediment, allowing the pile to be removed.

While vibratory pile driving typically generates sound profiles 10-20 decibels (dB) lower in intensity, relative to impact hammers, noise generated from these activities can have deleterious effects on marine mammals. As such, the National Oceanic and Atmospheric Association enforces underwater noise thresholds to prevent such an impact. • If vibratory hammers are used to remove piles, Mitigation Measure BIO-4 will be implemented to ensure hydroacoustic impacts on marine mammals occur at less- thansignificant levels.
“Waters of the United States” are defined in the Code of Federal Regulations (33 CFR 328.3[a]; 40 CFR 230.3[s]) as rivers, streams, mud flats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which could affect interstate or foreign commerce including any such waters.

Potentially jurisdictional features within the project study area that could be affected by the project include a freshwater seep and tidal waters. The freshwater seep which is located at the eastern edge of a potential staging area in the northern portion of the site, could be adversely affected by vehicles or placement of equipment or materials; however, implementation of Mitigation Measure BIO-5, Avoid Impacts to Terrestrial Wetlands, will reduce this impact to a less-than-significant level. Tribal Cultural Resources

As a result of archival review, field survey, distribution of nearby archaeological sites, and the geologic and environmental setting, the archaeological sensitivity of the project site is considered low. While unlikely, given the general sensitivity of the project vicinity, the inadvertent discovery of redeposited archaeological resources cannot be entirely discounted, including in areas of artificial fill. Impacts to archaeological resources would be potentially significant. In the event that archaeological resources are encountered during ground disturbing activities, Mitigation Measure CUL-1, Inadvertent Discovery of Archaeological Resource, will reduce impacts to a less-than-significant level. If prehistoric or historic-era archaeological resources are encountered by construction personnel during project implementation, all construction activities within 100 feet shall halt until a qualified archaeologist, defined as one meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology, can assess the significance of the find.

There is no indication that the project site has been used for burial purposes in the recent or distant past. While unlikely, the inadvertent discovery of redeposited human remains cannot be entirely discounted, including in areas of artificial fill. Impacts to human remains would be potentially significant. In the event that human remains are encountered during ground disturbing activities, Mitigation Measure CUL-2, Inadvertent Discovery of Human Remains, will reduce impacts to a less-than-significant level.

Noise
Noise Reduction Techniques for Equipment Used in Nighttime Construction Activity will reduce this impact to a less-than-significant level. With mitigation, project construction will not DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 98 Exhibit 3

result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Therefore, construction-related impacts would be less than significant with mitigation.

There will be no permanent project components added to the environment with the ability to produce noise. Therefore, no operational impact would occur.

Less than Significant with Mitigation. As described in the preceding sections, the project has the potential to cause significant impacts related to aesthetics, air quality, biological resources, cultural resources, tribal cultural resources, and noise. Mitigation measures have been identified that would reduce these impacts to less-than-significant levels. Overall, the project has limited impacts on the physical environment and most of the impacts associated with implementation of the project would occur during construction and would be short-term.

All mitigation measures proposed by the MND are contained in the Mitigation Monitoring and Reporting Program for the Project (Exhibit 5).

Staff has independently evaluated the MND and MMRP and concurs that there is no substantial evidence that the proposed project will have a significant effect on the environment. Staff therefore recommends that the Authority find that the project as mitigated avoids, reduces or mitigates the possible significant environmental effects to less than significant and that there is no substantial evidence that the project will have a significant effect on the environment.

Upon approval of the project, staff will file a Notice of Determination.

DocuSign Envelope ID: 6B2CC5C6-A569-41B9-9D50-D348BE4898A7 99 STANDARD AGREEMENT
(RA 3/2018)

THIS AGREEMENT, made and entered into this _______ day of ________ , 2023 in the State of California, by and between the San Francisco Bay Restoration Authority, a regional public entity, through its duly appointed

, hereafter called the Authority, and

, hereafter called the Grantee.

The Grantee and the Authority hereby agree as follows:

The San Francisco Bay Restoration Authority (“the SFBRA”) and City of Richmond (“the grantee”) agree to amend their existing Agreement No. SFB0032-RA027 as follows:

The amount of this agreement is increased to $4,600,000 (four million six hundred thousand dollars).

All other terms of the existing agreement shall remain in effect.

The provisions on the following pages constitute a part of this agreement.

IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.

PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel, Interim Executive Officer Daniel Chavarria, Public Works Director

ADDRESS & PHONE NUMBER ADDRESS
1515 Clay Street, 10th Floor
Oakland, CA 94612
Phone: (510) 286-1015
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 620-6530

AMOUNT ENCUMBERED BY THIS DOCUMENT

$2,300,000.00

PROGRAM/CATEGORY (CODE AND TITLE)

Measure AA

PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT WORK ITEM NUMBER $2,300,000.00 441-1784-19-5850

TOTAL AMOUNT ENCUMBERED TO DATE PROJECT NAME
$4,600,000.00 Terminal Four Wharf Removal Project
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

PRINTED NAME AND TITLE OF PERSON SIGNING SIGNATURE DATE 

GRANTEE ACCOUNTING PROJECT MANAGER AGREEMENT FILE

AGREEMENT NUMBER AM. NO.

SFB0032-RA027 1

TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION
NO.
94-6000403

TITLE OF OFFICER ACTING FOR PUBLIC ENTITY PUBLIC ENTITY Executive Officer San Francisco Bay Restoration Authority

GRANTEE'S NAME
City of Richmond
DocuSign Envelope ID: ABC28FDA-C57A-46BD-85DB-8317B9CCF554 August17th
8/18/2023Suzanne Bode Accounting Mgr
100

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March 26, 2024

City Attorney's Office

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Dave Aleshire, City Attorney

Subject:

Update on the Craneway Pavilion Request
FINANCIAL IMPACT: This is an informational item. There is no financial impact.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The Craneway Pavilion was previously advised by the
State Lands Commission that its proposed modification
of use to member only pickleball was inconsistent with
the Public Trust Easement. A modified proposal is now
being undertaken. Councilmembers have received
inquiries from residents regarding the new proposed use at the facility and have requested a public report.

RECOMMENDED ACTION:

PROVIDE update regarding the Craneway Pavilion and
the proposed use. Dave Aleshire, City Attorney (510-620- 6509).

DISCUSSION:

The public has been seeking more information about the status of the Craneway Pavilion along our Richmond waterfront. Information has been distributed from various AGENDA
REPORT
101

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March 26, 2024

sources, some of it incorrect. The City Council has requested that staff provide an open session update to the public at large on the current status of the Craneway and next steps, which report follows:

A. BACKGROUND
The City is the current owner of the Craneway Pavilion. In 2004 the City and the State of California, acting through the State Lands Commission (“SLC”), entered into a Title Settlement Agreement to encumber the Craneway Pavilion with a Public Trust Easement, which restricts the uses of the Craneway and the surrounding parcel to ensure public access for certain activities related to overnight accommodations, restaurants and cafes, water-related industry and museums, visitor service retail, or boating and ferry services.

The Property was originally the Ford Motor plant which abandoned the property in 1956, and subsequent uses ceased in 1976, whereupon the property sat vacant for over 20 years and deteriorated. It was damaged by an earthquake in 1989. It became derelict with a fallen roof and standing water.

Renovation was proposed through private and public investment through Orton Development (“Orton”). The City, acting through its Redevelopment Agency, approved a disposition and development agreement (“DDA”) and a 55-year lease in 2004 for the Craneway which specified certain permitted uses that were consistent with the Public Trust Easement on the property. In addition, the City approved multiple use permits beginning with CU/V1100454 in 2004 to authorize a mixture of office, live/work, research and development, light industrial, retail, event and public gathering space and a variance to allow a reduction in the required parking and landscaping and increase in the allowable floor area ratio for the rehabilitation of the Historic Ford Assembly Plant, including the Craneway. In addition, CU1104689 (2008) as amended by PLN13-137 (2013), was also granted for the Craneway. CU1104689 authorized the sale of alcoholic beverages (type 47 license) for an eating establishment and as an entertainment venue. PLN13-137, amended CU1104689, by authorizing outdoor dining. Since then, the facility has operated as an event space with the Assemble Restaurant, including outdoor dining.

Orton undertook the development and completed all improvements in accordance with the agreements, including a blend of industrial, research and development businesses.

Additional public service uses were provided including Rosie the Riveter Visitor Center, exhibition space, educational and cultural functions, retail and café uses, and public waterfront access.

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March 26, 2024

B. CURRENT PERMIT

For many years Orton operated as an event venue and restaurant, but the event usage was declining even before COVID. Due to business losses, Orton sought new uses. In July 2023, an Administrative Use Permit (AUP) (PLN23-193) application was submitted to operate an indoor pickleball facility at the Craneway Pavilion for members and public use, including a retail pro shop and fitness/wellness lounge that would also offer healthy and quick service food and beverage items such as smoothies, salads, and wraps. Since this use represented a change from the restaurant/event center use and was not specifically listed as a permitted use in the lease, City staff ran this proposed project through State Lands Commission (SLC) for their opinion regarding the use’s consistency with the Public Trust Easement. The City received a response from SLC on July 31, 2023, that the proposed use was inconsistent with Public Trust Easement limitations, as the proposed use did not fall within the definition of visitor-serving retail or other enumerated uses within such limitations. Staff shared this information with the applicant and suggested they withdraw their AUP application as the City would not be able to approve it as submitted.

On January 12, 2024, the City received an email from Craneway tenant withdrawing the AUP application. Following receipt of the withdrawal letter, on January 22, 2024, City staff met with Eddie Orton and Rachel Hong (manager of the Assemble Restaurant and Craneway Pavilion) to discuss proposed revisions to their project to align the use with the existing City approvals and Public Trust Easement limitations. Mr. Orton and Ms.

Hong proposed to keep the restaurant use throughout the facility and introduce games (specifically pickleball) within the restaurant which is permitted under CU1104689 and is consistent with the Lease. The facility would operate a full-service restaurant from 7 AM to 10 PM, daily, but seeks to offer as an accessory use commercial entertainment gaming activities, including 12 pickleball courts, 3 ping pong tables, and 1 on-the- ground giant chess board for customers to enjoy with their food and/or beverages.

C. RECENT MEETINGS

City staff met with Ms. Hong at the Craneway on March 4, 2024, to visit the project site and discuss the proposed floor plan. City staff informed Ms. Hong that the City is in the process of seeking an opinion from SLC to review and approve the proposed use of the Craneway under public trust limitations. During the site visit, City staff recognized that the floor plan being installed differed from the floor plans provided to the City on January 30, 2024. Due to this difference, the City requested that it be provided with an updated floor plan for review by the City and SLC. The City received updated floor plans and project descriptions on March 7th and 8th. Orton contends the square-footage 103

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March 26, 2024

space allocated to the games area covers less than 30% of the total square-footage, which includes space allocated for outdoor dining.

Pursuant to the proposed floor plans and discussions with Ms. Hong, seating for the restaurant will be offered throughout the Craneway Pavilion, restaurant dining room, and outdoor patio area. Food and drinks will be ordered from the restaurant and bar via quick-response (“QR”) code and delivered to guests within the restaurant, bar, games area, and outdoor dining areas. The restaurant will include over 300 hundred seats available to guests in several forms, including two, four, and six top dining tables, communal high-top tables and lounge seating. The proposed floor plan also includes a small retail area that will include sports and Craneway-related themed merchandise.

On March 1, the City Attorney advised Orton that as SLC had on July 31 ruled the use was inconsistent with the Public Trust Easement, he would need to submit the modified use for review. In response, on March 3, Orton stated that the new revised proposed use of the Craneway Pavilion pursuant to the revised floor plan was (i) consistent with Public Trust Easement limitations, and (ii) is materially consistent with the existing entitlements under the Lease agreement with the City, which allows Orton as tenant to use the Craneway Pavilion as an event space and restaurant. It appears that Orton does not intend to submit to the SLC. Due to the delay in obtaining the revised floor plans, to verify the areas of use, the City has not sought an opinion from the SLC as to whether the proposed use is in fact consistent with the limitations imposed by the Public Trust Easement that currently encumbers the Craneway.

NEXT STEPS

1. Weekend Event
Orton has been promoting a weekend event for March 23-24. Given the lack of definition in the CUPs and Lease over permissible events, Staff believes this is likely a permitted activity.

2. SLC
City has sent a letter to the SLC seeking a consistency (with Public Trust Easement) determination.

3. Conformance of Plan with Zoning
Based on the current plan, Staff believes the space allocated to pickleball exceeds the 33% permitted for accessory uses and Orton must eliminate some of the courts, or approach the matter as if the pickleball use was the primary use, leading to other uses. 104

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March 26, 2024

4. Potential Resolution
The City Attorney has discussed several alternative approaches with Mr. Orton which could be implemented through a compliance agreement. Both parties share the desire to bring more visitors to the Craneway Area. Terms of the agreement may include:
a. Develop more specific agreement on sponsorship and criteria for events. b. Mutual participation in programs to encourage visitation including rebirthing of Liberty Ship and other objects complimenting Rosie the Riveter Visitor Center.
c. Facilitate Ferry Terminal Development.
d. Development of Community Benefits.
e. Acknowledge current use is temporary as other long-term uses are explored.
f. Other provisions which may be developed by dialogue of the parties.

DOCUMENTS ATTACHED:

Attachment 1 – Site Plan
Attachment 2 -- Floor Plan

105
Current
Alcohol Service Area
Proposed Expanded
Alcohol Service Area
Sample Event-Specific
Dining & Alcohol Service Area
400 ft
100 ft
25 ft
22 ft
bay trail
95'
105'
27'
71'
25'
3,412 SF
4,747 SF
122'
449'
22'
100'
106
6' 0" x 11' 6 3/8"
24' 11 1/2" x 21' 10 5/16"
107

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March 26, 2024

Community Development

DATE: March 26, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Jesus Morales, Housing Manager

Subject:

Amendment No. 1 to Contract with Safe Organized
Spaces (SOS)
FINANCIAL IMPACT: Funding for this contract is appropriated in the unhoused intervention program account string: 15061219-400201-
RI160. In addition, a portion of the work will be funded using ERF-R-2- in account string 15061219-400201-
16G25.

PREVIOUS COUNCIL
ACTION:

March 23, 2023

STATEMENT OF THE
ISSUE:

City staff is seeking City Council approval of an
Amendment No. 1 to the contract with Safe Organized
Spaces (SOS) to increase the contract amount by
$1,463,415.23, for a total contract amount not to exceed $2,202,108.82, and extending the term through June 30,
2025. SOS will provide encampment services such as
site cleaning and trash removal, showers, laundry
services, outreach, and job opportunities for unhoused
residents to transition back into the workforce.

RECOMMENDED ACTION:

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
AGENDA
REPORT
108

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March 26, 2024
Velasco/Jesus Morales 510-620-6649). This item was
continued from the March 19, 2024, meeting.

DISCUSSION:

The Housing Division is seeking City Council approval of an Amendment No. 1 to the contract with Safe Organized Spaces (SOS) to continue providing encampment services, including outreach, showers, laundry services, and job opportunities for unhoused residents. Their work will include providing support to encampments and residents transitioned from encampments that will be targeted in the City’s Encampment Resolution Funding Round 2 (ERF-R-2) projects as directed by Housing staff. SOS has been providing these services citywide for the past year and provided support for the resolution of the Castro encampment. The Castro related services were billed to the ERF-R-1 project funds. The current contract is set to expire on March 31, 2024, and this amendment will allow SOS to continue providing these services in support of unhoused individuals through the end of the next fiscal year 2024-25.

SOS was selected per a Request for Qualifications (RFQ) for Unhoused Services issued by the Housing Division in August 2022. The RFQ identified a range of services that qualified vendors would provide in support of unhoused residents including street outreach, hygiene programs, employment programs, housing navigation, and operation of interim housing options, such as emergency shelters, safe parking sites, and cabin communities. SOS was selected to provide service categories that include employment programs for the unhoused, hygiene programs to increase health and wellness of unsheltered individuals, and encampment outreach services.

SOS’s current program employs several unhoused including former Castro encampment residents. These employees help maintain and service homeless encampments throughout the city by distributing trash bags and supporting in doing regular encampment clean up. They also provided portable toilets, site cleaning and trash removal, potable water services, and other similar activities aimed at resolving encampments by providing services to encampments residents for health, safety, and sanitation purposes. They have also provided outreach services and directing encampment residents to other service providers, including CORE, Way2Love, Housing Consortium of the East Bay, and Lifelong Medical.

If the proposed Amendment No. 1 is approved, Safe Organized Spaces (SOS) will provide the following services at encampments specified by the City:

1. Encampments clean up and trash disposal.

2. Mobile showers and laundry to unhoused residents, including those served by the ERF-R-2 project.

3. Providing outreach to address local situations to improve public safety.

4. Provide outreach to unhoused residents and refer them to CORE and other city service providers or services.

5. Providing workforce training and job opportunities for City unhoused residents to 109

Page 3 of 3 ends

March 26, 2024
support their transition back into the workforce.

6. Refer SOS unhoused employees to Richmond Works Employment and Training (E&T) program.

Over the past year, SOS has created job opportunities for encampment dwellers, and as a result some of the encampment residents with rental assistance from the Castro encampment program, ERF 1, have successfully transitioned into stable housing.

These activities are in alignment with the Homelessness Strategic Plan, Short Action Steps, 1.1, Ensure that essential living amenities such as water, sanitation, hygiene, and electricity are provided at least weekly to all encampments.

RECOMMENDED ACTION:

City staff recommends approving Contract Amendment No. 1 in the amount of $1,463,415.23, for a total contract amount not to exceed $2,202,108.82, and extending the term through June 30, 2025, to be paid with funds from the City unhoused interventions funds and an allocation to be determined from the ERF-R-2 awards.

DOCUMENTS ATTACHED:

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

110

CITY OF RICHMOND

CONTRACT AMENDMENT
Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

111
Contract Amendment/EJ/TE 09-26-07

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

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

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

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

CITY OF RICHMOND, CALIFORNIA
a municipal corporation

By _______________________

Title:

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

By _______________________
City Clerk

Approved as to form:

By_______________________
City Attorney

List of Attachments:

1. Amendment Provisions

2. Updated Insurance Certificates

CONTRACTOR:

______________________________

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

By____________________________

Title:________________________

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

By:___________________________

Title:________________________

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

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Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND SERVICE PLAN)

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

"2. Term. The effective date of this Contract is

____________________________________________________________ (Insert original contract commencement date)

and it terminates

___________________________________________________.
(Insert new contract termination date)

unless sooner terminated as provided herein."

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

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

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

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

Contract Amendment/EJ/TE 9-26-07

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Amendment No. 1 Contract No. 6495

5. Provide services to the unhoused for basic needs to improve health, sanitation, safety, and must refer unhoused and encampment residents to CORE as a first step to providing other services.

6. SOS will provide a weekly report to the city or the city’s designee(s) with names, dates and times, and encampment location, of all referrals to the Contra Costa County Coordinated Outreach Referral Engagement (CORE) team for evaluation of vulnerability (VI-SPDAT) and services navigation.

7. SOS will refer SOS program participants after four months employment to Richmond Works Employment and Training (E&T) program to receive additional employment development services based on criteria developed by E&T to determine program participants and ensure participant success.

8. SOS will provide post encampment resolution monitoring by inspecting encampments that have been cleared on a weekly basis for debris cleanup as needed and to identify any new re-encampment efforts and provide outreach services to those residents and refer them to CORE. SOS will also include any referrals from post encampment resolution sites as part of their weekly report.

Contractor acknowledges that they are not authorized to and will not relocate any unhoused and or encampment residents without first consulting with the city and following the procedures that have been outlined under the Encampment Resolution Funding program, the Housing First Program, and the Emergency Shelter Services and must refer them to the CORE Team as a first step for any services.

TASKS

Task: 1. Cleanup of Trash and Dumping - 6 days/week

The Mobile Streets Team comprised of current and former unhoused encampment residents will drive to city specified encampments and other encampments for trash clean up services and to provide regular service at specific sites. Two mobile team members work for five and a half hours per day, six days a week, totaling 66 hours per week at $18 per hour. The mobile team leader is present 33 hours per week , six days a week, at $21 per hour.

Five Local Team members work 4 hours a day, totaling 64 hours per week at $18 per hour. Two local team leaders are present for a total of 24 hours per week at $21 per hour. Trash is collected, removed, and disposed of. Basic outreach, communication and developing trust, providing snacks, water, socks, hand warmers, ponchos, tarps, showers, etc., is provided to 114
Contract Amendment between the City of Richmond and
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Amendment No. 1 Contract No. 6495

respond to survival needs and build trust among unhoused and housed neighbors, public agencies, and community groups.

Team members; 10 (seven staff and 3 leaders)
Total hours: 66 + 36, 64 + 24 hours
Number of days: 6 days
Pay Rate/Hour:

Staff $18/hr., 33 hours each x 2 = 66 hours
16 hours each x 3 = 48 hours
8 hours each x 2 = 16 hours
Team leader $21/hr., 33 hours
16 hours
8 hours

Task 2: Shower Delivery - 7-10 events/week

The Shower Power team will deploy showers in multiple locations in consultation with the city of Richmond, providing 2.5 hours of shower service per location plus 2.5 hours for preparation, transport, and set-up during a 2-event day. A team leader works for 40 hours per week at $21 per hour. A shuttle driver works for 32.5 hours per week at $19.50 per hour. A team member works for 40 hours per week at $18 per hour. Outreach staff contact encampment dwellers, shuttle participants to services as needed, provide ongoing support, and direct to CORE.

Team members; 3 (one staff, 1 shuttle driver, and 1 leader) Total hours: 112.5 hours
Number of days: 5 days
Pay Rate/Hour:

Staff $18/hr., 40 hours per week
Shuttle driver $19.50/hr., 32.5 hours per week
Team leader $21/hr. 40 hours per week

Task 3: Outreach for Encampment Services - 10 events/week

SOS outreach staff offer connectedness, essential resources and transportation for encampment residents who seek meals, showers, laundry, water, and other encampment services. SOS Richmond will provide outreach to residents at city prioritized encampments, per ERF 2R program and other city referred encampments, and will refer unhoused residents to the CORE team for entry into the HMIS system and for evaluation of vulnerability and services navigation based on program eligibility and willingness to receive services.

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Amendment No. 1 Contract No. 6495

Two team members work for five days per week at six hours per day for 60 hours per week at $19.50 per hour to ensure that basic services are accessible. One shuttle driver works 20 hours a week at $19.50 per hour. One team leader is present 40 hours a week at $21 per hour.

Outreach establishes new relationships with interested encampment residents and housed neighbors with a goal of creating and sustaining regular contact to improve basic health and safety. Laundry services are provided with one team member working 20 hours per week at $18 per hour. One shuttle driver is present for 30 hours per week at $19.50 per hour.

Team members; 6 (three staff, 2 shuttle drivers, 1 leader) Total hours: 170 hours
Number of days: 6 days
Pay Rate/Hour:

Staff $18/hr., 20 hours per week
Staff $19.50/hr., 30 hours x 2 = 60 hours
Shuttle driver $19.50/hr., 20 hours per week
30 hours per week
Team leader $21/hr., 40 hours per week

Task 4: Manage and Develop Workforce

The Workforce Leadership Team will:
● support the deployment and supervision of the 15+ member unhoused workforce team (Street Team, Shower Power, and Outreach Team) and troubleshoot human resource and behavioral challenges,
● manage program operations and promote these activities, ● build and sustain community relationships and stakeholders, ● troubleshoot logistical and material problems,
● lead staff team planning, training, personal development, and improvements in health, job advancement, and housing services,
Total Management Team members - Six
Team Members:

Mobile Services Manager: 40 hours per week at $23 per hour Logistics Manager: 30 hours per week at $23 per hour
Workforce and Care Coordinator: 30 hours per week at $26 per hour Director of Operations: 30 hours per week at $32 per hour Director of Programs: Will be funded from other sources Executive Director: 30 hours per week at $34.25 per hour

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Contract Amendment between the City of Richmond and
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Amendment No. 1 Contract No. 6495

Task: 5 Special projects/services

SOS will respond to special projects as directed by the Community Development staff, provide problem solving, community building, and service development activities to improve public safety and responsiveness to homelessness. SOS will also coordinate with Community Development staff regarding any special requests for services outside of the services in this contract before undertaking any of these activities. The city will not be responsible for compensating SOS for undertaking or providing any additional services or tasks without preapproval from the Community Development Staff.

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Amendment No. 1 Contract No. 6495

Team members, Hours worked, and Hourly Rate

People Rate
Days/
week
Hours
/day
Hours/
week
Cost/we
ek
Trash - Mobile Team
Team member 2 $18.00 6 5. 5 66 $1,188
Team leader 1 $21.00 6 5.5 33 $693
Trash - Local Teams
A. Team member 3 $18.00 4 4 48 $864
Team leader 1 $21.00 4 4 16 $336
B. Team member 2 $18.00 2 4 16 $288
Team leader 1 $21.00 2 4 8 $168
Mobile Showers - 7-10 Events Per Week
Team Member - Attendant 1 $18.00 10 4 40 $720
Team Member - Shuttle Driver 1 $19.50 5 6.5 32.5 $634
Team Leader 1 $21.00 10 4 40 $840
Basic Outreach - 10 Events Per Week
Team Member - Peer Ambassador 2 $19.50 5 6 60 $1,170
Team Member - Shuttle Driver 1 $19.50 5 4 20 $390
Team Leader 1 $21.00 5 8 40 $840
Laundry Services - 5 Events Per Week
Team Member - Attendant 1 $18.00 5 4 20 $360
Team Member - Shuttle Driver 1 $19.50 5 6 30 $585
Managers FTE
Executive Director 1 $34.25 0.75 40 $1,028
Director of Operations 1 $32.00 0.75 40 $960
Workforce and Care Coordinator 1 $26.00 0.75 40 $780
Logistics Manager - Streets Team - Previously Unhoused 1 $23.00 0.75 40 $690 Mobile Services Manager - Laundry, Showers, Engagement - Previously U 1 $23.00 1 40 $920 T
otal Staff 24 Gross pay/we $13,453

SOS ENCAMPMENT SERVICES BUDGET PROPOSAL
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Contract Amendment between the City of Richmond and
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Amendment No. 1 Contract No. 6495

2. TIMELINE.

Tasks Due Date
Provide services to city specified unhoused encampment sites scheduled for delivery of basic services.

1. Trash service pickup

2. Mobile showers

3. Water

4. Laundry Services

Ongoing, April 2024-
June 2025
Resident outreach with a goal of creating and sustaining regular contact to improve basic health and safety. Referrals to CORE for HMIS intake for evaluation of vulnerability (VI-SPDAT) and services navigation registration and eligible services.

Ongoing, April 2024-
June 2025
Provide a weekly report to the city or the city’s designee(s) with names, dates and times, and encampment location, of all referrals to the CORE team.

Weekly, April 2024-
June 2025
Special targeted encampment cleanups As needed per City direction
Provide post encampment resolution monitoring by inspecting encampments that have been cleared on a weekly basis for debris cleanup, identify any new re-encampment efforts, provide outreach services to those residents, and refer them to CORE
Ongoing, April 2024-
June 2025

3. Project Outcomes and Evaluation
Program
Component
Program Outcome Indicator/
Measurement
Goal Evaluation Method
Trash service
pickup

Reduce amount of
debris in and around
unhoused encampments
Tons of debris
transported to
landfill
Twenty (20)
tons
monthly
Copy of tonnage
receipt delivered to
landfill
Mobile Showers Provide residents
opportunity to clean up
to improve health and
self-esteem
Number of
showers
provided
monthly
200
monthly
Monthly Key
Performance reports,
dates, and locations
Water Provide residents water
for food and self-
sustainability, health
No of water
bottles
provided and
TBD Monthly Key
Performance reports
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Contract Amendment between the City of Richmond and
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Amendment No. 1 Contract No. 6495

or water
stations
Laundry
Services
Provide residents
opportunity to clean
their self-esteem
Number of
unhoused
using laundry
services
250+ Monthly Key
Performance reports
Resident
outreach and
Referrals to
CORE
Direct unhoused to CORE
for registration and
eligible services
Number of
unhoused
registered by
CORE in HMIS
TBD Weekly reports with
date, names, and
location referrals,
Develop
Workforce and
Leaders
Provide SOS staff
training opportunities for
self-development, job
skills
Number of
staff
completing
training
modules
Ten staff
members
Enrollment and
completion
certificates
Clean up events Special cleanup efforts
for city specified
targeted sites
As directed by
City
TBD Monthly Key
Performance reports

120
Contract Amendment between the City of Richmond and
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Amendment No. 1 Contract No. 6495

EXHIBIT B
BUDGET

121
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (AMENDMENT HISTORY)

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

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

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

Term Amendment (insert new termination date):________________________

Service Plan

122
___ 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 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.
123
___ 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.

124
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services

Type 2 – Page 3 of 3

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

Subcontractors

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

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

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

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

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

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

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.

125
Safe Organized Spaces Richmond; dba: SOS Richmond
NAME OF INSURED AND MAILING ADDRESS:

M. A. Hays Co.
232 Broadway
Richmond, CA 94804
RENEWAL OF NUMBER: 2022-74928
POLICY NUMBER:
2023-74928 PRODUCER:

COMMERCIAL LINES COMMON POLICY DECLARATIONS
23 Main Ave., Box 16
Richmond, CA 94804
POLICY PERIOD:

FROM TO 09/15/2024 09/15/2023
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION: Shower trailer, and encampment clean-up

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE A S STATED IN THIS POLICY.

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THESE PREMIUMS MAY BE SUBJECT TO ADJUSTMENT.

PREMIUM
.............................. $2,348 COMMERCIAL GENERAL LIABILITY COVERAGE PART - OCCURRENCE ................................................... ............. $10,681 COMMERCIAL AUTO LIABILITY COVERAGE PART .............................................. $4,384 COMMERCIAL AUTO PHYSICAL DAMAGE COVERAGE PART Not Covered .......................... IMPROPER SEXUAL CONDUCT AND PHYSICAL ABUSE COVERAGE PART SOCIAL SERVICE PROFESSIONAL COVERAGE PART Not Covered ................................................... .......

COMMERCIAL LIQUOR LIABILITY COVERAGE PART
TERRORISM COVERAGE (Certified Acts)
TOTAL: $17,413
Not Covered

INCLUDED
................................................... ........................... ................................................... .......

FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE:* CG 00 01 04 13, CG 00 33 04 13, CG 20 10 12 19, CG 20 11 12 19, CG 20 12 04 13, CG 20 18 04 13, CG 20 20 11 85, CG 20 21 07 98, CG 20 26 12 19, CG 20 34 12 19, CG 20 37 12 19, CG 21 09 06 15, CG 21 44 04 17, CG 21 47 12 07, CG 21 73 01 15, CG 21 96 03 05, CG 22 44 04 13, CG 24 07 01 96, IL 00 17 11 98, IL 00 21 09 08, IL 02 70 07 20, NIAC-AL 01 80, NIAC-E003 GL 08 20, NIAC-E069 GL 02 19, NIAC-E078 11 20, NIAC-E11 GL 09 19, NIAC-E120 0 9 19, NIAC-E123 09 19, NIAC-E15 09 20, NIAC-E180 GL 01 21, NIAC-E180 LL 01 21, NIAC-E195 GL 05 21, NIAC-E22 09 19, NIAC-E25 1 2 15, NIAC-E26 11 17, NIAC-E28 01 99, NIAC-E282 GL 12 21, NIAC-E29 12 09, NIAC-E33 GL 09 19, NIAC-E34 09 18, NIAC-E342 GL 08 22, NIAC-E42 GL 09 19, NIAC-E5 07 15, NIAC-E56 01 17, NIAC-E59 02 12, NIAC -E60 07 12, NIAC-E61 02 19, NIAC-E70 03 19, NIAC-E7 2 01 17, NIAC-E74 03 14, NIAC-GL 01 80, NIAC-LL 01 80, NIAC- NPO-001 05 20, NIAC-X1 06 18, SCHEDULE BA 01 80, SC HEDULE G 01 80, SCHEDULE L 01 80
*OMITS APPLICABLE FORMS AND ENDORSEMENTS IF SHOWN IN
SPECIFIC COVERAGE PART / COVERAGE FORM DECLARATIONS.

COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)

THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.

NIAC-CO
09/18/2023
Notice: This risk pooling contract is issued by a pooling arrangement authorized by California Corporations Code Section 5005.1. The pooling arrangement is not subject to all of the insurance laws of the State of California and is not subject to regulation by the Insurance Commissioner. Insurance guaranty funds are not available to pay claims in the event the risk pool becomes insolvent.
126
M. A. Hays Co.
232 Broadway
Richmond, CA 94804
2022-74928
2023-74928
RENEWAL OF NUMBER:

POLICY NUMBER: PRODUCER:

COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS NAME OF INSURED AND MAILING ADDRESS:

Safe Organized Spaces Richmond; dba: SOS Richmond
................................................... .... DAMAGE TO PREMISES RENTED TO YOU any one premises 23 Main Ave., Box 16
Richmond, CA 94804
POLICY PERIOD: 09/15/2024 TO 09/15/2023 FROM
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE Shower trailer, and encampment clean-up BUSINESS DESCRIPTION:

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE A S STATED IN THIS POLICY.

LIMITS OF COVERAGE:
$2,000,000 GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS - COMPLETED OPERATIONS) $2,000,000 .......................... PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $1,000,000 ................................................. PERSONAL AND ADVERTISING INJURY LIMIT $1,000,000 ................................................... ............................. EACH OCCURRENCE LIMIT $500,000
any one person
ADDITIONAL COVERAGES:

MEDICAL EXPENSE LIMIT $20,000 ................................................... ...................................

CLASSIFICATION(S) SEE ATTACHED SUPPLEMENTAL DECLARATIONS SCHEDULE G

PREMIUM

FORMS AND ENDORSEMENTS APPLICABLE TO THIS POLICY ARE INCLUDED IN COMMERCIAL LINES COMMMON POLICY DECLARATIONS COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)

NIAC-GL
$2,348
09/18/2023
127

COMMERCIAL GENERAL LIABILITY

EXTENSION OF DECLARATIONS
POLICY NUMBER:

NAME OF INSURED:
2023-74928-NPO
Schedule G
1Page
Safe Organized Spaces Richmond; dba: SOS Richmond

PREMISES

CODE/CLASS
*LOC PREMIUM
BASIS
RATE *ADVANCED

PREMIUM
$923 47366/Sales, Service or Consulting Organizations - NOC - includes products and/or completed operations

5.901 156,480 1
$1,113 96816/Janitorial Services 92.778 12,000 1

ADDITIONAL COVERAGES

FREE TEXT
$200 (1) Triple Shower Trailer aka: SOS Shower Power Trailer $200 Increased Aggregate $112
*See Common Declarations for Total Advanced Premium and Schedule 'L' for locations.

COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)

NIAC - SCHEDULE G - NPO
9/18/2023
128

COMMERCIAL GENERAL LIABILITY

EXTENSION OF DECLARATIONS
POLICY NUMBER:

NAME OF INSURED:
2023-74928-NPO
Schedule L

Page 1 ends

PREMISES

LOC/BLDG

DESIGNATED PREMISES

ADDRESS, CITY, STATE, ZIP

ADDITIONAL INSUREDS

AND OTHER INTERESTS
Safe Organized Spaces Richmond; dba: SOS Richmond
23 Maine Ave. - Parking Lot (NP's Use of Only)
Richmond, CA 94804
1 COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)

NIAC - SCHEDULE L
09/18/2023
- NPO
129

COMMERCIAL LIQUOR LIABILITY COVERAGE PART DECLARATIONS
PRODUCER:

NAME OF INSURED AND MAILING ADDRESS:

POLICY NUMBER:

M. A. Hays Co.
232 Broadway
Richmond, CA 94804
RENEWAL OF NUMBER: 2022-74928
2023-74928
Safe Organized Spaces Richmond; dba: SOS Richmond
23 Main Ave., Box 16
Richmond, CA 94804
EACH COMMON CAUSE LIMIT..............................................................

CG 00 33 04 13
1,000,000
1,000,000
POLICY PERIOD: FROM TO
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION:

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE A S STATED IN THIS POLICY.

LIMITS OF COVERAGE:

GENERAL AGGREGATE LIMIT............................ .................................. $ $
Included PREMIUM:

FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF IS SUANCE:
9/15/2023 9/15/2024
Shower trailer, and encampment clean-up

COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE)
Notice: This risk pooling contract is issued by a pooling arrangement authorized by California Corporations Code Section 5005.1. The pooling arrangement is not subject to all of the insurance laws of the State of California and is not subject to regulation by the Insurance Commissioner. Insurance guaranty funds are not available to pay claims in the event the risk pool becomes insolvent.

NIAC - LL
9/18/2023
130

INDEX OF FORMS ATTACHED TO THE POLICY
POLICY NUMBER: 2023-74928
Safe Organized Spaces Richmond; dba: SOS Richmond NAME OF INSURED: Page: 1

LIABILITY FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE Commercial General Liability Coverage Form CG 00 01 04 13 Liquor Liability Coverage Form CG 00 33 04 13
Additional Insured - Owners, Lessees or Contractors CG 20 10 12 19 Additional Insured - Managers or Lessors of Premises CG 20 11 12 19 Additional Insured - State or Political Subdivisions - Permits CG 20 12 04 13 Additional Insured - Mortgagee, Assignee or Receiver CG 20 18 04 13 Additional Insured - Charitable Institutions CG 20 20 11 85 Additional Insured - Volunteers CG 20 21 07 98
Additional Insured - Designated Person or Organization CG 20 26 12 19 Additional Insured - Lessor of Leased Equipment - Automatic Status - Lease CG 20 34 12 19 Additional Insured - Owners, Lessees or Contractors - Completed Operations CG 20 37 12 19 Exclusion - Unmanned Aircraft CG 21 09 06 15
Limitation of Coverage to Designated Premises or Project CG 21 44 04 17 Employment-Related Practices Exclusion CG 21 47 12 07
Exclusion of Certified Acts of Terrorism CG 21 73 01 15 Silica - Exclusion CG 21 96 03 05
Health or Cosmetic Services Exclusion CG 22 44 04 13
Products/Completed Operations Hazard Redefined CG 24 07 01 96 Common Policy Conditions IL 00 17 11 98
Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 00 21 09 08 California Changes - Cancellation and Nonrenewal IL 02 70 07 20 Business Auto Coverage Part Declarations NIAC-AL-NPO
Member Criteria NIAC-E003 GL 08 20
Fiscal Sponsor Limitation NIAC-E069 GL 02 19
Professional Services - Exclusion NIAC-E078 11 20
Fireworks Exclusion NIAC-E11 GL 09 19
Lead Liability - Exclusion NIAC-E120 09 19
Firearms Sublimit Endorsement NIAC-E123 09 19
Blood Testing Exclusion NIAC-E15 09 20
Communicable Disease - Exclusion NIAC-E180 GL 01 21
Communicable Disease - Exclusion NIAC-E180 LL 01 21
Discrimination Exclusion NIAC-E195 GL 05 21
Asbestos Exclusion NIAC-E22 09 19
Additional Insured - Designated Person or Organization NIAC-E25 12 15 Waiver of Transfer of Rights of Recovery Against Others NIAC-E26 11 17 Property Damage to Personal Property in the Care, Custody or Control of the Insured NIAC-E28 01 99 Cyber Incident - Exclusion NIAC-E282 GL 12 21
Employee Personal Auto Reimbursement NIAC-E29 12 09
Mold, Fungus Exclusion NIAC-E33 GL 09 19
This list of forms is not part of the actual policy, but is for your information only.

Please refer to the policy(s) for actual limits, coverages and exclusions. 131

INDEX OF FORMS ATTACHED TO THE POLICY
POLICY NUMBER: 2023-74928
Safe Organized Spaces Richmond; dba: SOS Richmond NAME OF INSURED: Page: 2

LIABILITY FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE Construction and Conversion Exclusion NIAC-E34 09 18
Anti-Stacking Condition NIAC-E342 GL 08 22
Nuclear, Chemical and Biological Hazard Exclusion NIAC-E42 GL 09 19 Trampoline Bounce House Exclusion NIAC-E5 07 15
Liberalization - GL, SSP, EBL NIAC-E56 01 17
Liberalization - LL NIAC-E59 02 12
Volunteer Medical Payments NIAC-E60 07 12
Additional Insured - Primary and Non-Contributory Endorsement for Public Entities NIAC-E61 02 19 Fundraiser and Event Endorsement NIAC-E70 03 19
Other Insurance - Coverage C NIAC-E72 01 17
Mental Anguish Endorsement NIAC-E74 03 14
Commercial General Liability Coverage Part Declarations NIAC-GL-NPO Commercial Liquor Liability Coverage Part Declarations NIAC-LL 01 80 Nonprofits' OWN Enhancement Endorsement NIAC-NPO-001 05 20 Improper Sexual Conduct and Physical Abuse Exclusion NIAC-X1 06 18 Business Auto Coverage Schedule SCHEDULE BA 01 80
Commercial General Liability Class Code Schedule SCHEDULE G 01 80 Commercial General Liability Location Schedule SCHEDULE L 01 80 This list of forms is not part of the actual policy, but is for your information only.

Please refer to the policy(s) for actual limits, coverages and exclusions. 132

LIMITATION OF COVERAGE TO DESIGNATED

PREMISES OR PROJECT

SCHEDULE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY
CG 21 44 04 17
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
POLICY NUMBER: 2023-74928
Premises:

Project:

Shower Power Operations
Streets Team Project
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Performed on the premises shown in
the Schedule; or
(a)
The offense arises out of your business: (3)
This insurance applies to "personal and
advertising injury" caused by an offense
committed in the "coverage territory" but only if:
b.

This insurance applies to "bodily injury" and
"property damage" caused by an "occurrence"
that takes place in the "coverage territory" only
if:
b.

Paragraph 1.b . under Section I — Coverage B —
Personal And Advertising Injury Liability is
replaced by the following:

Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is An
Insured and no "employee" authorized by you
to give or receive notice of an "occurrence" or
claim, knew that the "bodily injury" or "property
damage" had occurred, in whole or in part. If
such a listed insured or authorized "employee"
knew, prior to the policy period, that the "bodily
injury" or "property damage" occurred, then any
continuation, change or resumption of such
"bodily injury" or "property damage" during or
after the policy period will be deemed to have
been known prior to the policy period.

2. (3)
The "bodily injury" or "property damage"
occurs during the policy period; and
(2)
Arises out of the project or operation
shown in the Schedule;
(b)
Occurs on the premises shown in the
Schedule or the grounds and
structures appurtenant to those
premises; or
(a)
The "bodily injury" or "property damage": (1)
Paragraph 1.b . under Section I — Coverage A —
Bodily Injury And Property Damage Liability is
replaced by the following:

1. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 01 , the provisions
under this Paragraph A. apply:

CG 21 44 04 17 Page 1 of 3 Copyright, Insurance Services Office, Inc., 1997 133
b.

The accident takes place during the
policy period;
(a)
provided that:
then such offense must arise out of your
business performed on the premises shown
in the Schedule and the offense must have
been committed on the premises shown in
the Schedule or the grounds and structures
appurtenant to those premises .

The wrongful eviction from, wrongful
entry into, or invasion of the right of
private occupancy of a room, dwelling or
premises that a person occupies,
committed by or on behalf of its owner,
landlord or lessor;
(2)
False arrest, detention or imprisonment;
or
(1)
The expenses are incurred and
reported to us within one year of the
date of the accident; and
(b)
Arises out of the project or operation
shown in the schedule;
(2)
Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
(1)
We will pay medical expenses as described
below for "bodily injury" caused by an accident
that takes place in the "coverage territory" if
the "bodily injury":
a.

Paragraph 1.a. under Section I — Coverage C —
Medical Payments is replaced by the following:

Paragraph 1.b. under
Section I — Coverage B —
Personal And Advertising Injury Liability is
replaced by the following:

2. A claim for damages because of the "bodily
injury" or "property damage" is first made
against any insured, in accordance with
Paragraph 1.c. of this Insuring Agreement,
during the policy period or any Extended
Reporting Period we provide under Section
V — Extended Reporting Periods.
(3)
The "bodily injury" or "property damage" did
not occur before the Retroactive Date, if
any, shown in the Declarations or after the
end of the policy period; and
(2)
Arises out of the project or operation
shown in the Schedule;
(b)
Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
(a)

3. The "bodily injury" or "property damage": (1)
This insurance applies to "bodily injury" and
"property damage" caused by an "occurrence"
that takes place in the "coverage territory" only
if:
b.

Paragraph 1.b . under Section I — Coverage A —
Bodily Injury And Property Damage Liability is
replaced by the following:

However, with respect to Paragraph

1.b.(1)(a) of this Insuring Agreement, if the
"personal and advertising injury" is caused by:

The offense was committed during the
policy period.

1. (2)
In connection with the project or
operation shown in the Schedule; and
If this endorsement is attached to Commercial General
Liability Coverage Form CG 00 02 , the provisions
under this Paragraph B. apply:

B.
(b)
This insurance applies to "personal and
advertising injury" caused by an offense
committed in the "coverage territory" but only if:

(c) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.

Copyright, Insurance Services Office, Inc., 1997 Page 2 of 3 CG 21 44 04 17 134
The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
(c)
The expenses are incurred and
reported to us within one year of the
date of the accident; and
(b)
The accident takes place during the
policy period;
(a)
provided that:

Arises out of the project or operation shown
in the Schedule;
(2)
Occurs on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises; or
(1)
We will pay medical expenses as described
below for "bodily injury" caused by an accident
that takes place in the "coverage territory" if the
"bodily injury":
a.

Paragraph 1.a. under Section I — Coverage C —
Medical Payments is replaced by the following:

3. then such offense must arise out of your
business performed on the premises shown in
the Schedule and the offense must have been
committed on the premises shown in the
Schedule or the grounds and structures
appurtenant to those premises .

A claim for damages because of the
"personal and advertising injury" is first
made against any insured, in accordance
with Paragraph 1.c. of this Insuring
Agreement, during the policy period or any
Extended Reporting Period we provide
under Section V — Extended Reporting
Periods.
(3)
In connection with the project or
operation showin in the Schedule;
(b)
Performed on the premises shown in
the Schedule; or
(a)
The offense arises out of your business: (1)
The offense was not committed before the
Retroactive Date, if any, shown in the
Declarations or after the end of the policy
period; and
(2)
CG 21 44 04 17 Page 3 of 3 Copyright, Insurance Services Office, Inc., 1997 135
POLICY NUMBER: 2023-74928
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY

ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:

Section II – WHO IS AN INSURED is amended to include:

4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.

No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.

B. Section III – LIMITS OF INSURANCE is amended to include:

8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy.

4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insuran ce is also primary, we will share with all that other insurance as described in c. below; or

Page 1 of 2 ends

136
POLICY NUMBER: 2023-74928
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance
This insurance is excess over:

1. Any of the other insurance, whether primary, exce ss, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder’s Risk, Installation Risk or similar coverage for "your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d)
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE .
(e)
(1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)’ rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(3) We will share the remaining loss, if any, with a ny other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. (a) The total amount that all such other insurance w ould pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amo unts under all that other insurance. c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (2) The coverage afforded by this insurance is prima ry and non-contributory with the additional insured(s)’ own insurance.

Page 2 of 2 ends

137
NAMED INSURED:

POLICY NUMBER: 2023-74928
Safe Organized Spaces Richmond; dba: SOS Richmond
FORM: NIAC-E25 12 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED PERSON

OR ORGANIZATION -

FOOD CONTRIBUTIONS OR CLIENT REFERRALS
Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, in consideration of food contributions or client referrals you receive from them.

Name of Person or Organization:

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or rente d to you.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be br oader than that which you are required by the contract or agreement to provide for such additional insured.

With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limi ts of Insurance shown in the Declarations.

B. Page 1 of 1 NIAC-E25 12 15
138
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – DESIGNATED

PERSON OR ORGANIZATION
CG 20 26 12 19
2023-74928
Named Insured: Safe Organized Spaces Richmond; dba: SOS Richmon Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization.

Name Of Additional Insured Person(s) Or Organization(s):

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

A. B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012

Page 1 of 1 ends

139

ADDITIONAL INSURED - LESSOR OF LEASED

EQUIPMENT - AUTOMATIC STATUS WHEN

REQUIRED IN LEASE AGREEMENT WITH YOU
Safe Organized Spaces Richmond; dba: SOS Richmon Named Insured:
2023-74928
CG 20 34 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY POLICY NUMBER:

With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

The most we will pay on behalf of the additional
insured is the amount of insurance:

1. Required by the contract or agreement you
have entered into with the additional insured;
or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to any "occurrence" which takes place after the
equipment lease expires.

A. A person's or organization's status as an
additional insured under this endorsement ends
when their contract or agreement with you for such
leased equipment ends.

Section II – Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) from whom you lease equipment
when you and such person(s) or organization(s)
have agreed in writing in a contract or agreement
that such person(s) or organization(s) be added as
an additional insured on your policy. Such
person(s) or organization(s) is an insured only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your maintenance,
operation or use of equipment leased to you by
such person(s) or organization(s).

However, the insurance afforded to such additional
insured:

1. Only applies to the extent permitted by law;
and

2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
© Insurance Services Office, Inc., 2012

Page 1 of 1 ends

140
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – MANAGERS OR

LESSORS OF PREMISES
CG 20 11 12 19
2023-74928
Named Insured: Safe Organized Spaces Richmond; dba: SOS Richmon Any person or organization acting as a manager or lessor of a covered premises that you are required to name as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective during the term of this policy.

Name Of Person(s) Or Organization(s) (Additional Insured):

Designation Of Premises (Part Leased To You):

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability arising out of the
ownership, maintenance or use of that part of the
premises leased to you and shown in the
Schedule and subject to the following additional
exclusions:

This insurance does not apply to:

1. Any "occurrence" which takes place after you
cease to be a tenant in that premises.

2. Structural alterations, new construction or
demolition operations performed by or on
behalf of the person(s) or organization(s)
shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance :

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Page 1 of 1 ends

141
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
CG 20 37 12 19
2023-74928
Named Insured: Safe Organized Spaces Richmond; dba: SOS Richmon Any person or organization that you are required to
add as an additional insured on this policy, under a
written contract or agreement currently in effect, or
becoming effective during the term of this policy.

The additional insured status will not be afforded
with respect to liability arising out of or related to
your activities as a real estate manager for that
person or organization.

All insured premises and operations.

Location And Description Of Completed Operations
Name Of Additional Insured Person(s)
Or Organization(s)

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
A. B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012

Page 1 of 1 ends

142
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
CG 20 10 12 19
2023-74928
Named Insured: Safe Organized Spaces Richmond; dba: SOS Richmon Any person or organization that you are required to
add as an additional insured on this policy, under a
written contract or agreement currently in effect, or
becoming effective during the term of this policy. The
additional insured status will not be afforded with
respect to liability arising out of or related to your
activities as a real estate manager for that person or
organization.

All insured premises and operations.

Location(s) Of Covered Operations
Name Of Additional Insured Person(s)
Or Organization(s)

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
A.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
© Insurance Services Office, Inc., 2012

Page 1 of 2 ends

143

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance :

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012

Page 2 of 2 ends

144
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED –

MORTGAGEE, ASSIGNEE OR RECEIVER
2023-74928
CG 20 18 04 13 Named Insured: Safe Organized Spaces Richmond; dba: SOS Richmon Any person or organization acting as mortgagee,
assignee, or receiver with respect to locations scheduled on the policy.

Designation Of Premises Name Of Person(s) Or Organization(s)

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to their liability as mortgagee,
assignee, or receiver and arising out of the
ownership, maintenance, or use of the premises by
you and shown in the Schedule.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
© Insurance Services Office, Inc., 2012

Page 1 of 1 ends

145
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION – PERMITS OR AUTHORIZATIONS
CG 20 12 04 13
2023-74928
Named Insured: Safe Organized Spaces Richmond; dba: SOS Richmon Any state or political subdivision that issues a permit or authorization to the named insured.

State Or Governmental Agency Or Subdivision Or Political Subdivision:

Subdivision:

SCHEDULE

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012

Page 1 of 1 ends

146
Safe Organized Spaces Richmond; dba: SOS Richmond NAMED INSURED:

FORM: NIAC-E26 11 17 POLICY NUMBER: 2023-74928
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS (WAIVER OF SUBROGATION)

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM
This endorsement modifies insurance provided under the following:

Name of Person or Organization:

SCHEDULE
Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage.

Page 1 of 1 ends

147
M. A. Hays Co.
232 Broadway
Richmond, CA 94804 RENEWAL OF NUMBER: 2022-74928
2023-74928 POLICY NUMBER: PRODUCER:

BUSINESS AUTO COVERAGE PART DECLARATIONS
NAME OF INSURED AND MAILING ADDRESS: Item One: Safe Organized Spaces Richmond; dba: SOS Richmond 23 Main Ave., Box 16
Richmond, CA 94804
POLICY PERIOD: FROM TO
09/15/2024
AT 12:01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE BUSINESS DESCRIPTION:

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE COVERAGE A S STATED IN THIS POLICY.

SCHEDULE OF COVERAGES AND COVERED AUTOS.

This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage.

Item Two:
09/15/2023
Shower trailer, and encampment clean-up

COVERED AUTOS

COVERAGES
Entry of one or more of the symbols from
the COVERED AUTOS Section of the
Business Auto Coverage Form shows
which autos are covered autos.

THE MOST WE WILL PAY FOR ANY

ONE ACCIDENT OR LOSS

PREMIUM

LIABILITY CSL

HIRED AUTO

NONOWNED AUTO

AUTO MEDICAL PAYMENTS

UNINSURED MOTORIST
7 8
9 7
7 $1,000,000

INCLUDED

INCLUDED
$5,000
$1,000,000
$8,713
$50
$200
$862
$836
LIMIT
UNINSURED MOTORIST-PD $3,500 7 $20

PHYSICAL DAMAGE
N/A $N/A for each disablement of a private passenger "auto" N/A TOWING AND LABOR FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT THE TIME OF IS SUANCE:

ESTIMATED TOTAL PREMIUM $15,084
$500
$500
Deductible shown on
supplemental declaration
for each covered auto. See ITEM
THREE for hired or borrowed
autos.

Deductible shown on
supplemental declaration
for each covered auto
applies to loss except caused by
fire or lightning. See ITEM
THREE for hired or borrowed
autos.

Actual
cash value or
cost of repair
whichever
is less
minus
7, 8
7, 8

COLLISION

COVERAGE

COMPREHENSIVE
COVERAGE $1,676
$2,708
CA 00 01 10 13, CA 01 43 05 17, CA 03 05 10 13, CA 04 24 10 13, CA 04 44 10 13, CA 20 54 10 13, CA 20 55 10 13, CA 21 54 11 20, CA 23 84 10 13, CA 23 85 10 13, CA 99 23 10 13, CA 99 33 10 13, CA 99 34 10 13, IL U 0 01 09 03, NIAC-E180 BA 01 21, NIAC-E342 BA 08 22

COUNTERSIGNED: BY
(AUTHORIZED REPRESENTATIVE NIAC - AL
Notice: This risk pooling contract is issued by a pooling arrangement authorized by California Corporations Code Section 5005.1. The pooling arrangement is not subject to all of the insurance laws of the State of California and is not subject to regulation by the Insurance Commissioner. Insurance guaranty funds are not available to pay claims in the event the risk pool becomes insolvent.
09/18/2023
148

BUSINESS AUTO COVERAGE FORM
POLICY NUMBER: SCHEDULE BA
NAME INSURED:

Page 1 ends

Safe Organized Spaces Richmond; dba: SOS Richmond
2023-74928
DEDUCTIBLES apply only if
coverage is provided as
indicated below.

OTHER THAN

COLLISION

COLLISION
CLASS
CODE TERR.

DESCRIPTION

COVERED
AUTO
NO.

YEAR, MODEL, TRADE NAME,

BODYTYPE, SERIAL NUMBER(S) VIN

SCHEDULE OF COVERED AUTOS YOU OWN
TOWING
& LABOR
Limit per
Disablement
Item Three:
2020 Rich Specialty Trailer 500 500 N/A 1 039 68499 1K9BU1714L1236187 2009 Ford F-150 500 500 N/A 2 039 03499 1FTRX12V59FB11994 2007 GMC Yukon XL 500 500 N/A 3 039 6481 1GKFK66897J244775 2006 Dodge Sprinter 3500 500 500 N/A 4 039 6482 WD0PD444165955111 1997 Dodge Ram Pickup N/A N/A N/A 5 039 01499 1B7KC26Z8VJ528243 PREMIUMS: COVERAGE IS PROVIDED ONLY IF A PREMIUM CHARGE IS INDICATED.

COVERED
AUTO
NO.

NON-

OWNED HIRED LIABILITY MED
PAY
UM/
UIM

PHYSICAL DAMAGE
COLL. COMP.

ADDITIONAL INSURED / LOSS PAYEE:

Except for towing, all physical damage loss is payable
to you and the Loss Payee named below as interest
may appear at the time of loss. See attached
Schedule AI.

TOWING
AND
LABOR
231 194 0 696 348 N/A 1
1,992 194 209 518 243 N/A 2
2,203 140 209 920 674 N/A 3
2,754 140 209 574 411 N/A 4
1,533 194 229 N/A N/A N/A 5
NO/H 201 50
Hired PD
-- on all eligible vehicles
UM Waiver of Collision Deductible Coverage (premium included above) Hired Physical Damage Deductibles:

Comprehensive: $500 Collision: $500
Signature Date
09/18/2023
149
1Page NAME OF INSURED:

POLICY NUMBER: 2023-74928

INDEX OF FORMS ATTACHED TO THE POLICY
Safe Organized Spaces Richmond; dba: SOS Richmond

AUTO FORMS AND ENDORSEMENTS FORM NUMBER/EDITION DATE
Business Auto Coverage Form CA 00 01 10 13
California Changes CA 01 43 05 17
California Changes - Waiver of Collision Deductible CA 03 05 10 13 CA - Auto Med Pay Coverage CA 04 24 10 13
Waiver of Transfer of Rights of Recovery Against Others to us (Waiver of Subrogation) CA 04 44 10 13 Employee Hired Autos CA 20 54 10 13
Fellow Employee Coverage CA 20 55 10 13
California Uninsured Motorists Coverage - Bodily Injury CA 21 54 11 20 Exclusion of Terrorism - Auto CA 23 84 10 13
Exclusion of Terrorism - Auto - Involving Nuclear, Biological or Chemical Terrorism CA 23 85 10 13 Rental Reimbursement Coverage CA 99 23 10 13
Employees as Insureds CA 99 33 10 13
Social Service Agencies - Volunteers as Insureds CA 99 34 10 13 California Uninsured Motorists Coverage Selection / Rejection IL U 001 09 03 Communicable Disease - Exclusion NIAC-E180 BA 01 21
Anti-Stacking Condition NIAC-E342 BA 08 22
This list of forms is not part of the actual policy, but is for your information only.

Please refer to the policy(s) for actual limits, coverages and exclusions. 150
COMMERCIAL AUTO POLICY NUMBER: 2023-74928
CA 99 23 10 13
Safe Organized Spaces Richmond; dba: SOS Richmond Named Insured:

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
This endorsement modifies insurance provided under the following:

RENTAL REIMBURSEMENT COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Endorsement Effective Date: 9/15/2023

SCHEDULE
Designation or Description of
Covered "Autos" to which this
insurance applies Coverage Premium
Maximum Payment
Each Covered "Auto"
Any One
Day
No. of
Days
Any One
Period
Comprehensive
Collision
30 30 Incl. $50
$50
$1500
$1500 Incl.

Specified
Causes of Loss
Any Covered "Auto"
Any Covered "Auto"
N/A
Total Premium Incl.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

This endorsement provides only those coverages where
a premium is shown in the Schedule. It applies only to a covered "auto" described or designated in the Schedule.

C. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the "loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days: We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the
otherwise applicable amount of each coverage you have
on a covered "auto". No deductibles apply to this
coverage.

The number of days reasonably required to
repair or replace the covered "auto". If "loss" is
caused by theft, this number of days is added
to the number of days it takes to locate the
covered "auto" and return it to you.

Page 1 of 2 ends

CA 99 23 10 13
151
COMMERCIAL AUTO POLICY NUMBER: 2023-74928
CA 99 23 10 13

2. The number of days shown in the Schedule.

D. Our payment is limited to the lesser of the following amounts:

E. This coverage does not apply while there are
spare or reserve "autos" available to you for your
operations.

F. If "loss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not
already provided for under the Physical Damage
Coverage Extension.

1. Necessary and actual expenses incurred.

2. The maximum payment stated in the Schedule
applicable to "any one day" or "any one period".

Page 2 of 2 ends

CA 99 23 10 13
152
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

CITY OF RICHMOND

STANDARD CONTRACT
Attachment 2
Department: Community Development
Project Manager E-mail:
[email protected]
PR No: Vendor No: 15809
Project Manager: Jesus M. Morales
Project Manager Phone No:
(510)620-6649
P.O./Contract No: / 5495
Description of Services:

Maintain and service homeless encampments throughout the city including Castro and provide services such as portable toilets, site cleaning, garbage collection, water, and other similar activities.

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: safe or9anized Spaces (SOS)
Street Address: 23 Maine Avenue, #15
City, State, Zip Code: Richmond. CA 94804
Contact Person: Daniel Barth
Telephone: (510)990-2686Email: [email protected]

2. 3.

4. 5.

Business License No: 4006-3130/ Expiration Date: December 31, 2023 A California [| corporation, Q limited liability corporation || general partnership, Q limited partnership, || individual, [/] non-profit corporation, individual dba as [specify:]
other [specify:]
Term. The effective date of this Contract is March 28, 2023 and it terminates March 31, 2024 unless term inated as provided herein.

Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 738,693.59 . City shall not pay for services that exceed the Contract Payment Limit un less^a contract amendment has been approved by the City Council or City Manager.

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.

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.
153
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

6. 8.

9. 10.

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.

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.

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

Signatures. These signatures attest the parties' Contract hereto:

CONTRACTOR:

Safe Organized Spaces (SOS)

CITY OF RICHMOND
a municipal corporation
DocuSigned by:

By: ^Iw^b AWi'iAi^
Title:Mayor4/28/2023
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
•DocuSigned by;
By: | ~N)
I hereby certify that this Contract
has been approved by City Council.

Title:Executive Director
•DocuSignedby;
Date Signed: 4/27/2023
Ui^nL (MoAj P^u^ ^ Ctu4
•DE73F2339944495.

City Clerk
Approved as to form:

By:
(* The Corporation Chief Financial Officer,
Secret^iy-®jcAlDii^W?t Secretary should sign below)
By:.

DocuSfgned by:
far
ODC0208DCODC4DO...

Title:Chief Financial officer
uity Atro'rrrey"
Date SignecL4/27/2023
LIST OF ATTACHMENTS:

Service Plan
Payment Provisions
Authorized Representatives and Notices
General Conditions
Special Conditions
Insurance Provisions
Standard Contract/EJ/TE 9-26-07
(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.

Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
154
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)

EXHIBIT A
SCOPE OF WORK-April 1, 2023 through March 31. 2024
Contractor shall, to the satisfaction of the City of Richmond Project Manager (PM), perform the following services and be compensated as outlined below:

1. Trash and dumping cleanup at encampments at 5-1 0 with basic outreach.

2. Deliver mobile showers to city-specified encampments, including Castro, North Richmond, and El Sobrante.

3. Deploy mobile amenities to encampments, such as drinking water, laundry service support, supplies for residents and their property during inclement weather, and basic outreach to assist people with access to SOS services.

4. Provide workforce and leadership development within the encampment resident population and expand pathways towards full employment.

5. At the direction of the city provide problem solving, community building, and service development activities to improve public safety and responsiveness to homelessness.

6. Provide services to the unhoused for basic needs to improve health, sanitation, and safety, with referrals to other service providers including CORE.

TASKS
Task: 1. Cleanup of Trash and Illegal Dumping at Encampment Sites - 6 days/week
The Mobile Street Team, comprised of current and former encampment residents, will travel from encampment to encampment utilizing SOS vehicles to remove trash and illegally dumped items at or near encampments. Special pick up may be requested by the PM in response to City departments or resident complaints. All refuse will be disposed of at the West Contra Costa Sanitary Landfill (WCCSL). Mobile Street Team members will also conduct basic outreach, and engagement to build trust including providing food, water, socks, hand warmers, ponchos, tarps, showers, etc. Services include providing trash bags, gloves, safety supplies for workers, and cleaning supplies.

Team Members: 3 (2 staff and 1 leader)
Total Hours: 72 hours
Number of Days: 6 Days
Pay Rate/Hour: $18; Team Leader: $21
Sub-task 1.1. The Castro Steet Team will coordinate their cleanup activities with Castro Project Manager Vanessa Galloway. The Castro Street Team is comprised of Castro residents who work at the Castro encampment. This team dedicated to the Castro encampment and the areas directly surrounding the encampment (e.g. Hensley Street, 155
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)
Castro Street, and N. Castro St.). More specifically, team members (and extra staff as assigned) will support: special clean up days facilitating the removal of abandoned vehicles, support the towing of abandoned vehicles, and surrendered items.

Additionally, team members will support the weekly removal of trash in concert with Republic services to mitigate the potential for illegal dumping, pest control, unsightliness of the encampment, and general health of residents. Trash is collected and prepared for removal by the Mobile Streets Team while encampment relationships are engaged will improve community safety, stability, and security. As Castro residents are transitioned to housing choices off-site, work schedules may be adjusted as needed.

Team Members: 4 (3 staff and 1 leader)
Total Hours: 36 hours
Number of Days: 6 Days
Pay Rate/Hour: Team Member $18, 3 days/week, 4 hours/day (36 hours total/week); Team Leader: $21, 4 days/week., 4 hours/day, 16 hours total/week Task 2: Encampment Shower Services - 7 events/week
The Shower Power team deploys showers at various encampments (e.g. Castro, El Sobrante), and by request at locations across Richmond, providing 2.5 hours of shower service, serving approximately 20 people per location. Shower service includes providing soap, shampoo, and towels for residents. Staff will also facilitate the cleaning and sanitation of each unit following each individual use. The Shower Power Team shall provide referrals to CORE and other services for participants. Three shower events are scheduled at the Castro encampment per week.

Team Members: 2
Total Hours: 36 hours
Number of Days: 6 Days
Pay Rate/Hour:

Team Member: $18, 30 hours/week
Team Leader: $21, 30 hours/week
Task 3: Outreach for Encampment Services - 5 days/week
At the direction of the PM, the Outreach Team will establish new relationships with interested encampment residents and housed neighbors with a goal of creating and sustaining regular contact to improve basic health and safety. Outreach staff will refer unhoused residents to Life Long Medical Care Health Center's team of Health Ambassadors forWellness Assessments and goal setting to improve income, health, and housing status (e.g. treatment support, access to prescriptions or medications, basic health screening). In addition, team members will make referrals to the Coordinated Outreach Referral Engagement (CORE) team for evaluation of vulnerability and sen/ices navigation (e.g. referral to shelters, securing personal identification and connecting to SNAP). Outreach staff may provide transportation for encampment 156
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)
residents who seek meals, showers, laundry, and other encampment services.

Additional encampment services are also offered 4 days/week, deliver drinking water, laundry, maintenance of toilets, and other community amenities at the Castro encampment.

Team Members: 2
Number of Days: 4 Days/week
Pay Rate/Hour: $18/hr., 4 days/week, 6 hours/day, 24 hours total/week Task 4: Workforce and Leadership Development
The Workforce Leadership Team will:
• support the deployment and supervision of the 20+ member unhoused workforce team (Street Team, Castro Team, Shower Power, and Outreach Team) and troubleshoot human resource and behavioral challenges
• manage program operations
• build and sustain community relationships and stakeholders • troubleshoot logistical and materials/supply problems ensuring encampments residents and staff have access to tools and items to complete work • lead planning, training, personal development, and improvements in health, job advancements and housing
• work with institutional leaders (e.g. Faith, civic, service providers) as thought partners for development and operations of unhoused interventions Team Members:

Logistics Manager: 40 hours per week at $22/hr.

Workforce and Care Coordinator: 20 hours per week at $25/hr.

Program Operations Manager: 40 hours per week at $25/hr.

Operations Director: 40 hours per week at $32/hr.

Executive Director: 40 hours per week at $34/hr.

Task 5: Special projects/services
SOS will assist the City in responding and assisting on special projects as directed by the PM, which may include providing problem solving, community building, and service development activities to improve public safety and responsiveness to homelessness issues.
157
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)

1. Team members,
TRASH
Trash and outreach (team)
Trash and outreach (leader)
Castro trash (team)
Castro trash (leader)
Event extra staffing (for City events)

SHOWERS
Shower leader
Showerteam

OUTREACH
Outreach leader
Outreach team

ADDITIONAL ENCAMPMENT SERVICES
Team

MANAGERS
to gistics M a nager(unhoused)
Program Operations Manager
Workforce and Care Coordinator
Operations Director
Executive Director
Total Staff
•tows, and Hourly
People]
2 ll
3|
n
2|
People]
n
n
People
2|
People]
2|
11 ll
11 11
11 201
Rate
$18.00
$21.00
$18.00
$21.00
$18.00
Rate
$21.00
$18.00
Rate
$18.00
Rate
$18.00
$22.00
$25.00
$25.00
$32.00
$34.00
Rate
Days/week
6 6
3 4
1 Events/week
8 8
Days/week
4 Days/week
4 Hours/da\
E
e
/
A
Hours/evenl

3.75 3.7S
Hours/day
£
Hours/da\
6 Hours/weel
7;
3£
3E
u
1C
Hours/weet
3C
3C
Hours/weet
4S
Hours/weel<
48 4C
4C
20 40
4G
Gross pay/week
Cost/week
$1,296.00
$756.00
$648.00
$336.00
$180.00
Cost/week
$630.00
$540.00
Cost/week
$864.00
Cost/week
$864.00
$880.00
$1,000.00
$500.00
$1,280.00
$1,360.00
$11,134.00
158
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)

2.TIMELINE.

Tasks
Provide list of unhoused encampment sites scheduled for targeted service and scheduled days and times for delivery services.

1. Trash service pickup

2. Mobile showers

3. Water

4. Laundry Services
Provide list of scheduled days and times for delivery services for Castro encampment.

1. Trash service pickup

2. Mobile showers

3. Water

4. Laundry Services
Resident outreach with a goal of creating and sustaining regular contact to improve basic health and safety. Referrals to CORE for HMIS registration and eligible services.

Develop Workforce and Leaders, provide schedule of training for staff.

Special cleanup events, Castro, at least once a month. Remove debris from abandoned and inoperable vehicles scheduled for towing at Castro.

Special targeted encampment cleanups
Due Date
Ongoing
Ongoing
Ongoing
Ongoing
April 2023- June
2023
As needed basis
per City
159
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)

3. Project Outcomes and Evaluation
Program
Component
Trash service
pickup
Mobile
Showers
Water
Laundry
Services
Resident
outreach and
Referrals to
CORE
Develop
Workforce
and Leaders
Clean up
events
Grant
Applications
Program Outcome
Reduce amount of
debris in and around
unhoused
encampments
Provide residents
opportunity to clean up
to improve health and
self-esteem
Provide residents
water for food and self-
sustainability, health
Provide residents
opportunity to clean
their self-esteem
Direct unhoused to
County for registration
and eligible services
Provide SOS staff
training opportunities
for self-development,
job skills
Special cleanup
events for targeted
sites including Castro
for extensive debris
removal
Obtain outside funding
Indicator/
Measurement
Tons of debris
transported to
landfill
Number of
showers
provided
monthly
Gallons of
water
provided and
water stations
Number of
unhoused
using laundry
services
Number of
unhoused
registered by
CORE in
HMIS
Number of
staff
completing
training
modules
Monthly at
Castro and as
directed by
City for other
sites
Applications
submitted
Goal
Fifteen
(15) tons
monthly
200
TBD
50 Ten per
month
Ten staff
members
One per
month
One per
quarter
Evaluation Method
Copy of tonnage
receipt delivered to
landfill
Monthly Key
Performance
reports
Monthly Key
Performance
reports
Monthly Key
Performance
reports
CORE Program
summary and or
Monthly Key
Performance
reports
Enrollment and
completion
certificates
Monthly Key
Performance
reports
Funds secured
160
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

EXHIBIT B
BUDGET
For Contract between
the City of Richmond and
Safe Organized Spaces (SOS)

SOURCES AND USES BUDGET
11 21
31 4|
51 61
SOURCES BUDGET April 1, 2023 through March 31, 2024
Clean CA Grant
ECIAGraant
TDA Grant
Lifelong Graant
RCF Grant
Subtotal Grants
City of Richmond
Total SOURCES
$ 122,000.00
$ 22,000.00
$ 30,000.00
$ 45,000.00
$ 25,000.00
$ 244,000.00
$ 738,693.59
$ 982,693.59
11 21
31 4|
5|
61 7|
81 91
101
Ill
121
13|
14|
151
16|
171
18|
19|
20|
211
22|
231
24|
25|
USES BUDGET April 1, 2023 through March 31, 2024
Executive Director
Operations Director
Program Operation Mgr.

Workforce & Care Coordinator
Logisitics Manager
Management Payroll subtotal
Streets Team Payroll subtotal
Subtotal Labor
Payroll taxes, and PTO
Workers Co mp.

Total Labor
Supplies, gas, materials, etc
Debris Transfer fees
Insurance - vehicles (4)
Insurance- liability
Utilities, phone, internet
Rent and Storage
Training
Vehicle Overhead
Direct Program Expense
Total Expenses
Indirect costs
Total USES Budget

16.15%

11.00%

10.000%
$ 70,720.00
$ 66,560.00
$ 52.000.00
$ 26,000.00
$ 45,760.00
$ 261,040.00
$ 317,928.00
$ 578,968.00
$ 93,503.33
$ 63,686.48
$ 736,157.81
$ 60,000.00
$ 45,000.00
$ 10,000.00
$ 2,500.00
$ 500.00
$ 20,200.00
$ 4,000.00
$ 15,000.00
$ 157,200.00
$ 893,357.81
$ 89,335.78
$ 982,693.59
161
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For the Contract between the City of
Richmond and
Safe Organized Spaces (SOS)

EXHIBIT B

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

THAT EXCEED THE CONTRACT PAYMENT 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: Jesus M. Morales _ Department: Community Development PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contractor shall be subject to the approval of the City's Project Manager, Jesus M. Morales _ before payments shall be authorized.

5. The City will pay invoice(s) within 45 days after 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. 162
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For the Contract between the City of
Richmond and
Safe Organized Spaces (SOS)

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:

Jesus M. Morales
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804-0046

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

Daniel Barth
Safe Organized Spaces (SOS)
23 Maine Avenue, #15
Richmond. CA 94804
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

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, Copvriahts and Riflhts 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, General Conditions/EJ/TE 01-19-11 1 Of 1 3
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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.

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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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 Contract's termination (or for any further period that is required by law) and until all Federal or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make these 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.

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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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 staffs determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staffs 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 General Conditions/EJ/TE 01-19-11 4 of 1 3
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

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

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

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

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

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

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

15.lndemnification.
(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 General Conditions/EJH'E 01-19-11 6 of 13
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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 General Conditions/EJ/TE 01-19-11 7 Of 1 3
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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-Liabilitv of Officials and Employees,oi the Cjty. 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/workDlacepolicies . Contractor agrees to abide by the terms and conditions of said policies.

20. Limitations upon Subcontractinci and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 8 of 1 3
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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 orjoint-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.Confljct^^^^^^^ 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-exclusivitv. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJH-E 01-19-11 9of13
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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.

General Conditions/EJfTE 01-19-11 10 Of 1 3
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

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."
SO.Governinci 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. Severabilitv. 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 General Conditions/EJ/TE 01 -19-11 11 Of 13
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 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. Possessorv 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.

General Conditions/EJ/TE 01 -19-11 12 Of 1 3
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review ofsubmittals, 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.

General Conditions/EJ/TE 01-19-11 13of13
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For the Contract between the City of
Richmond and
Safe Organized Spaces (SOS)

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
177
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 For the Contract between the City of
Richmond and
Safe Organized Spaces (SOS)

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.
178
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
In all instances where a CONTRACTOR, or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR 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 CITi', on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CnY 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 CFTY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers' Compensation and Builder's Risk/ Course of Construction Insurance.

6. Builder's Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. - (Only required for Construction Contracts involving property)

7. Contractor's Pollution Liability {if applicable for Construction Contractors') Required Coverage
Workers' Compensation and
Employers' Liability
Minimum Limits
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; htta://www.ci.richinond.ca.us/index.asox?nid=61.

Type 1 - Page 1 of 4
Revised: September 2011179
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
General Liability
(primary and excess limits
combined)
Automobile Liability
Builders' Risk/Course of
Construction - Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Contractor's Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as;
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

PROJECT COST
$0 - $5 million
$5 million - $10 million
Over $10 million
Fireworks

REQUIRED LIMIT
$2 million p/o
$5 million p/o
$10 million p/o
$5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
$1,000,000 per occurrence for bodily injury and property damage.

Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption,
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond's site.

The City of Richmond shall be named as loss payee as its interest may appear The insurer shaj[wajye all nghts of sy^^^^^^
Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating
Additional Insured Endorsement
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.

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

JSO form CG 20 10 (11/85) or its equivalent Is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

Type 1 - Page 2 of 4
Revised: September 2011180
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
Additional Insured Endorsement
(continued)
Primary and Noncontributory
Waiver of Subrogation
Endorsement Form
Deductibles and Self-Insured
Retentions
Loss Payable Endorsement (only
required when Builder's Risk
and/or Course of Construction
Insurance is required.)

SURETY BONDS
(If a Public Works/Engineering
Project)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.asox?nid=61
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.

Contractor's insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder's Risk/ Course of Construction coverage during the life of this contract.

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

Applicable to Builder's Risk/Course of Construction naming the City of Richmond as Loss Payee.

The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

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

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

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

Type 1 - Page 3 of 4
Revised: September 2011
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DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 1:

Consultants and Contractors
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.

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.

Type 1 - Page 4 of 4
Revised: September 2011
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ACORE/CERTIFICATE OF LIABILITY INSURANCE
DATE (MNTODfYYYY)
04/21/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY 6p 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.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

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

PRODUCER
M A Hays Insurance
CA License #0094750
232 Broadway
RichmondCA 94804

CONTACT
NAME:Joel Rubinstein
PHONE
(AfC, No. Exll:(510) 235-0353FAX
WC, No):(510)235-5058
ADDRESS:

INSURER(S) AFFORDING COVERAGE
INSURER A Nonprofits Insurance Alliance
NAIC#
INSUREDINSURER B :

Safe Organized Spaces Richmond
23 Maine Ave. Box 16
Richmond
INSURERC;
CA 94804
COVERAGESCERTIFICATE NUMBER: CL2292005994[EVISION NUMBER:

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

INSRl
LTR
A
A
A
A

F/PE OF INSURANCE
xlCOMMERCIAL GENERAL LIABILITY
CUUMS-MADE | /^| OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
xlPOLICY LJ?ERC°T |_] LOG
OTHER:

AUTOMOBILE LIABILITY
xl

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
>

UMBRELLA LIAB

EXCESS LIAB
DED

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
OCCUR
CUMMS.MAOE

RETENTION S

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY y I N

ANY PROPRIETOWPARTNERIEXECUTIVE
OFFICER;MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe undor
DESCRIPTION OF OPERATIONS below
Directors and Officers
INSD.

Y
N/A
il
wvo
Y
Y

POLICY NUMBER
2022-74928
2022-74928
2023-74928UMB
2022-74928
(MWDD/YYYY)
09/15/2022
09/15/2022
04/20/2023
09/15/2022
IMM/DDfmVI
09/15/2023
09/15/2023
09/15/2023
09/15/2023
LIMITS

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (EB occurrence)
MED EXP (Any one person)
PERSONAL 8 ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

COMBINED SINGLE LIMIT
lEa accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)

EACH OCCURRENCE

AGGREGATE
PER

STATUTE
OTII.

ER
E.L EACH ACCIDENT
E.L DISEASE - EA EMPLOYEE
E-L DISEASE. POLICY LIMIT
Per Claim
Policy Aggregate
g 1,000,000
^ 500,000
, 20,000
, 1,000,000
3,000,000
^ 3,000,000
$
$ 1,000,000
$
s
I
$
g 1,000,000
, 1,000,000
A^
s
s
s
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate holder is also an additional insured as follows: The City of Richmond, its officers, officials, employees, agents and volunteersare to be named as addtlonal insureeds for all liability arising out of the operations by or on behalf of the named insured including but not limited to bodily injury, deaths and property damage or destruction arising In any respect dreclly or Indirectly in Ihe performance of this contract.

Insureds coverage is primary and non-contribuory and waiver of subrogation also applies.

CERTIFICATE HOLDERCANCELLATION
City of Richmond
450 Civic Center Plaza
RichmondCA 94804

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

POLICYHOLDER COPY
STATE

COMPENSATION
tNSURAMCE
FUND
P.O. BOX 8192, PLEASANTON, CA 94588

CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
NA
ISSUE DATE: 10-10-2022GROUP:

POLICY NUMBER: 9325376-2022
CERTIFICATE ID: 1
CERTIFICATE EXPIRES: 10-01-2023
10-01-2022/10-01-2023

CITY OF RICHMOND
450 CIVIC CENTER PLAZA
RICHMOND CA 94804-1630
NA
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.

This policy is not subject to cancellation by the Fund except upon lo days advance written notice to the employer.

We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration.

This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ^
Authorized Representative
^

EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE
'^l-^7f^y^
President and CEO
COSTS: $1,000,000 PER OCCURRENCE.

EMPLOYER

SAFE ORGANIZED SPACES RICHMOND
23 MAINE AVE #16
RICHMOND CA 94804
NA
(REV.7-2014)
[P1H,HO]
PRINTED : 10-10-2022
184
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 l-iii/wn^i-ivn-r

WAIVER OF SUBROGATION
STATE

COMPENSATION
N5URANCE
FUND
9325376-22
NEW
NA
PAGE 1

HOME OFFICE

SAN FRANCISCO

ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME
EFFECTIVE OCTOBER 11, 2022 AT 12.01 A.M.

AND EXPIRING OCTOBER 1, 2023 AT 12.01 A.M.

SAFE ORGANIZED SPACES RICHMOND
23 MAINE AVE #16
RICHMOND/ CA 94804

ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING,

IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND

WAIVES ANY RIGHT OF SUBROGATION AGAINST,

CITY OF RICHMOND

WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS

POLICY IN CONNECTION WITH WORK PERFORMED BY,

SAFE ORGANIZED SPACES RICHMOND

IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN

PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION

OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE
EMPLOYER.

IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%.

NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND

ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2570
OCTOBER 12, 2022
^ ^efc^! ^."(^•^- .?

AUTHORIZED REPRESENTATIVE
SCIF FORM 10217 (REV.4-2018)

PRESIDENT AND CEO
OLD DP 217
185
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 POLICY NUMBER: 2022-74928
Named Insured: Safe Organized Spaces Richmond dba: SOS Richmon

COMMERCIAL GENERAL LIABILITY
CG20120413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

Any state or political subdivision that issues a permit or authorization to the named insured.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II - Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG201204131 Insurance Services Office, Inc., 2012Page 1 of 1 186
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

NONPROFITS

INSURANCE

AUIANCE OF CALIFORNIA
A Headfirlnsuranc.. ft Heart for ^profits. POLICY NUMBER: 2022-74928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED

PRIMARY AND NON-CONTRIBUTORY

ENDORSEMENT FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

C^y ot Ric-hmond
A. Section II - WHO IS AN INSURED is amended to include:

4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or In part, by:
a. Your negligent acts or omissions; or
b. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations.

B. Section III - LIMITS OF INSURANCE is amended to include:

C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:

4. Other Insurance
a. Primary Insurance
This insurance is primary if you have agreed in a written contract or written agreement:
(1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or
NIAC-E610219 Page 1 of 2
187
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031

I NONPROFITS

I INSURANCE

AUIANCE OF CALIFORNIA
A H^forlnsuran». A Hwt far ^profits. POLICY NUMBER: 2022-74928 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance.

Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance
This insurance is excess over:

1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION I - COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE.
(e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(s) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing
If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

NIAC-E610219 Page 2 of 2
188
DocuSign Envelope ID: 1A92EDOD-1CC3-4FA8-990B-21AB5B520031 NONPROFITS POLICY NUMBER: 2022-74928 FORM: NIAC-E26 11 17 NAMED INSURED: Safe Organized Spaces Richmond dba: SOS Richmond

AUIANCI OF CALIFORNIA
ft Head for Insurance. A Heart for Nonproflts,
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM

SCHEDULE
Name of Person or Organization:

C^ty o^ Richmond
Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage.

NIAC-E261117 Page 1 of 1
189

Page 1 of 6 ends

Richmond City CouncilMarch 26, 2024

Richmond City Council
March 26, 2024