Agenda — Richmond City Council, April 2, 2024 (part 2 of 2)

April 2, 2024

Library and Community Services

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager of Community
Services
Kate Eppler, Deputy Director for Community Services –
Library
Leah J. Clark, Circulation Supervisor

Subject:

Contract for Installation of Window Coverings in the
Madeline F. Whittlesey Community Room
FINANCIAL IMPACT: The proposed $19,339.35 expenditure will come from the Library’s FY2023-2024 operating budget. (01241055 -
400603)

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

Approval of this contract would allow for the installation of window shades in the Richmond Main Library’s Madeline
F. Whittlesey Community Room, to mitigate bright
sunlight and benefit library and community-led events.

RECOMMENDED ACTION:

APPROVE a contract with Hauser Shade & Sons, Inc., in
an amount not to exceed $19,339.35, for installation of window treatments in the Richmond Main Library’s
Madeline F. Whittlesey Community Room, for a term
beginning March 1, 2024, through March 1, 2025 —
Community Services Department (Kate Eppler 510-620-
5452/Leah J. Clark 510-621-1557).

AGENDA
REPORT
233

Page 2 of 2 ends

April 2, 2024
DISCUSSION:

Richmond Main Library’s Madeline F. Whittlesey Community Room (MFW Room) hosts a variety of library programs, including children’s storytimes, adult craft programs, and community meetings. Each month, between 500 to 750 people attend library events in the MFW Room. In addition, the room can be rented by community groups and nonprofit organizations.

Due to the room’s east-west exposure and ceiling-high windows, piercing sunlight often makes the room uncomfortable. It is difficult to present a slide show or a film in the room due to the prevalence of natural light. The Main Library building, which was opened in 1949, does not have air conditioning, and the unfiltered sunlight often makes the room hot.

Curtains were previously used to mitigate sunlight in the room; however, due to damaged fabric, the curtains were no longer functional. In response, City staff members sought three quotes from businesses offering modern shades capable of allowing users to adjust light levels as needed. After receiving three quotes, a Richmond-based business, Hauser Shade & Sons, Inc. was selected to provide both light-dimming and blackout shades for the MFW Room.

The Main Library is scheduled to undergo a major renovation beginning in 2025. Before the planned closure, there will be an estimated 9,000 attendees at library events and community meetings in the MFW Room. Timely installation of these window shades will improve their user experience. City staff will plan to remove and store the shades for re- installation after the Main Library re-opens post-renovation.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – Vendor Scorecard

234

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

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

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

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

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

235

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

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

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

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

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

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
236
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN

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

237
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 238
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

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

City of Richmond

Richmond, CA 94804-0046

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

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

EXHIBIT D

GENERAL CONDITIONS

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

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

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

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 240
General Conditions/EJ/TE 01-19-11 2 of 13

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

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

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

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

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

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

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

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

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

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 242
General Conditions/EJ/TE 01-19-11 4 of 13

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

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

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

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

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

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 243
General Conditions/EJ/TE 01-19-11 5 of 13

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

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

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

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

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

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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. Indemnification.

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

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 245
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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 246
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responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 247
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 248
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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.

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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

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

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

251
General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 252
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS

The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):

253
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS

During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.

254
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

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

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

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

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

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

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

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

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

255
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

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

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 256
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

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

Subcontractors

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

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
257
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

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

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

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

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

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

Cancellation

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

Reporting Requirements

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

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

258
Exhibit G

CITY OF RICHMOND
Sanctuary City Compliance Statement

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

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

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

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

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

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

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

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

259
Hauser Shade Co. The Shade Store Stoneside
5 1 5
5 5 5
5 2 5
5 1 2Locality Richmnond Based/Local Business
Price Under $20,000
Quality Ensure product will last regardless of user and provide warranty Customer Service Received quote in a timely manaer and provided detail answers to questions regarding it
Vendor Scorecard
Madeline F Whittelsey Room Window Coverings Scores Available from 1-5. Basis for scoring must be listed with specific examples.

1. Adherence to RFP Instructions BASIS FOR SCORE
260

Page 1 of 2 ends

April 2, 2024

Library and Community Services

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager of Community
Services
Kate Eppler, Deputy Director of Community Services -
Library
Subject:

Accept and Appropriate an $8,363 Grant from the Bay
Area Library and Information System to Support Library
Membership in Professional Associations
FINANCIAL IMPACT: No net additional expense to the General Fund

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The Richmond Public Library has been granted $8,363
from the Bay Area Library and Information System
(BALIS) to support institutional memberships in library professional organizations.

RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE
into the Fiscal Year 2023-2024 budget a Bay Area
Library and Information System grant for institutional
membership fees in the amount of $8,363 – Community
Services Department (LaShonda White 510-620-
6828/Kate Eppler 510-620-5452).

DISCUSSION:

The Bay Area Library and Information System (BALIS) Council makes funding available to member libraries for a variety of purposes, including institutional memberships to professional library associations such as the American Library Association or the Urban Libraries Council. As a BALIS library, Richmond Public Library has requested and been AGENDA
REPORT
261

Page 2 of 2 ends

April 2, 2024
granted $8,363 to support organizational membership to the American Library Association, the California Library Association, and the Urban Libraries Council.

Institutional memberships provide many benefits to the library, including access to a network of peer libraries, access to resources to support innovation in programming and service, and examples of best-practices from around the state and nation.

BALIS serves Alameda, Contra Costa and San Francisco Counties. It is part of the Pacific Library Partnership, a consortium of 43 libraries across four library organizations, including BALIS.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – BALIS Financial Support for Libraries Claim Form

262

Reso. No. XX-24

Page 1 of 2 ends

RESOLUTION NO. XX-24

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

TO ACCEPT A GRANT FROM BAY AREA LIBRARY AND INFORMATION SYSTEM COUNCIL AND TO ADJUST APPROPRIATIONS AND EXPENDENTURES BY $8,363 IN THE FISCAL YEAR 2023-2024 LIBRARY BUDGET.

WHEREAS, subsequent to the adoption of the Fiscal Year 2023-2024 City of Richmond operating budget, the Library was awarded $8,363 from the Bay Area Library and Information System (BALIS) Council, and

WHEREAS, the additional funding of $8,363 will be used towards institutional memberships to professional library organizations, and

WHEREAS, memberships in professional library organizations will help Richmond Public Library innovate and excel through information sharing and study of best practices,

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that the 2023-2024 Library Fund Budget is adjusted to add $8,363 to revenue and to add $8,363 to expenditures.

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

***THE CITY CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW***

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held Xxxxxxxx XX, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor

Approved as to form:

DAVE ALESHIRE
City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }
263

Reso. No. XX-24

Page 2 of 2 ends

I certify that the foregoing is a true copy of Resolution No. XX-24, finally passed and adopted by the Council of the City of Richmond at a regular meeting held on Xxxxxxxx XX, 2024.

Pamela Christian, Clerk of the City of Richmond
264
265

Page 1 of 2 ends

April 2, 2024

Police Department

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police
Subject:

Sole-Source Contract with Motorrad LLC for Police
Motorcycle Maintenance and Repair
FINANCIAL IMPACT: The proposed expenditure of $30,000 is included in the proposed Fiscal Year 2024-2025 budget, and the
balance will be budgeted for accordingly in subsequent
fiscal years – account string 01191021-400501.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

The Richmond Police Department currently owns and
utilizes 8 BMW police motorcycles that require ongoing
maintenance and repairs. The Department seeks to
establish a sole source contract with Motorrad LLC to
provide these services.

RECOMMENDED ACTION:

APPROVE a three-year sole-source contract with
Motorrad LLC to provide ongoing maintenance and repair
services for the police department’s motorcycle fleet, at a cost not to exceed $90,000, for the contract term July 1, 2024, to June 30, 2027, with the option of two, mutually agreed upon, one-year extension terms for an additional cost not to exceed $30,000 per fiscal year – Police
Department (Chief Bisa French 510-621-1802).

DISCUSSION:

The Richmond Police Department (RPD) utilizes eight BMW motorcycles for traffic safety and enforcement. Regular maintenance and service by certified BMW technicians that use original equipment manufacturer (OEM) parts is required to AGENDA
REPORT
266

Page 2 of 2 ends

April 2, 2024
properly maintain the motorcycles. Motorrad LLC operates SoSo Cycles of both Concord and San Francisco, and they are the closest dealerships to Richmond, CA.

Motorrad LLC has maintained and repaired the police department motorcycle fleet for the past 16 years and provides exceptional service and attention to detail.

As essential tools in law enforcement, Police Motorcycles play a crucial role in ensuring public safety and effective policing. To maintain their operational efficiency and extend their service life, it is imperative that we prioritize and invest in routine maintenance and timely repairs.

Operational Reliability:

Regular maintenance ensures that police motorcycles remain in optimal working condition. Reliability is paramount in emergency situations, where law enforcement officers rely on their vehicles to respond swiftly and effectively. A well-maintained fleet minimizes the risk of breakdowns, contributing to the overall reliability of law enforcement operations.

Public Safety:

Police motorcycles are often deployed in high-stress and high-speed situations. Timely maintenance helps identify and address potential issues before they escalate, reducing the likelihood of accidents or malfunctions. This not only protects our law enforcement officers but also safeguards the well-being of the community they serve.

Cost Savings:

Proactive maintenance practices are cost-effective in the long run. By addressing minor issues before they become major problems, we can prevent costly repairs and extend the overall lifespan of police motorcycles. This approach is fiscally responsible and aligns with our commitment to efficient resource management.

Environmental Impact:

Regular maintenance contributes to reduced emissions and fuel consumption. Properly tuned engines and well-maintained components result in more fuel-efficient vehicles, lowering our carbon footprint and aligning with our city's commitment to environmental sustainability.

In light of the above considerations, RPD staff urges the City Council to approve the three-year sole-source contract with Motorrad LLC to participate in a comprehensive maintenance program for the City’s police motorcycle fleet. This includes regular inspections, scheduled maintenance, and prompt repairs to address any identified issues.

DOCUMENTS ATTACHED:

Attachment 1 – Motorrad LLC Contract
Attachment 2 – Executed Sole-Source Justification
267

CITY OF RICHMOND

STANDARD CONTRACT

Department: Project Manager:

Project Manager E-mail:

Project Manager Phone No:

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

Description of Services:

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

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

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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

268

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

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

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

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

Title: By:

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

Date Signed:

B y :

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

B y :

B y : T i t l e :

City Attorney
Date Signed:

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
269
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
270
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS

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

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

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

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

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

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

PO Box 4046
Richmond, CA 94804-0046

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

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

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. 271
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

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

City of Richmond

Richmond, CA 94804-0046

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

272
General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

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

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. 274
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expens
e, 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.

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:

277
General Conditions/EJ/TE 01-19-11 6 of 13

15. Indemnification.

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.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

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.

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.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 281
General Conditions/EJ/TE 01-19-11 10 of 13

City reserves the right to employ other Contractors in connection with the project.

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.

282
General Conditions/EJ/TE 01-19-11 11 of 13

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

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

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 283
General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining pr
ovisions or portions or applications
thereof, shall not be affected thereby.

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.

39. Performance and Final Acceptance
.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financ
ed to perform the services under this
Contract.

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. 285
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
286
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
287
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type
1 – Page 1 of 4
R
evised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

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:

2. Ins
urance 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 i
ts equivalent) with primary and non-contributory language.

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

5. Ori
ginal and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Constr
uction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of R
ichmond has a financial interest in the property. – (Only required for Construction Contracts inv
olving property)

7. Contrac
tor’s Pollution Liability (if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

Consultants and Contractors
Type
1 – Page 2 of 4
R
evised: September 2011

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Incl
udes 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).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Be tter. If the A.M. Best Rating falls below the required rating, CONT
RACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement Applicable to General Liability Coverage.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 289
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

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

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Subcontractors

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.
290
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type
1 – Page 4 of 4
R
evised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

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

Continuous Coverage
CO
NTRACTOR 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 cancell ed, 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 insurin
g 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.
291

CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Bro ker” means either of the following:
i. The collection of information, including personal information about consumers, from a w
ide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultim
ately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other sim ilar ser
vices."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any tim
e during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

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

By executing this Statement, Contractor certifies that it complies w ith the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

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

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT G
292
Disclosure Statement for Limited Liability Companies
I
s your Business a Limited Liability Company (LLC)? YES NO If you answered YES, please provide the City with the names and business addresses of any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and “Beneficial Owners” of the applying LLC. A Beneficial Owner is any person or entity who: (1) exercises substantial control over the applying LLC; (2) owns 25% or more of the interest in the applying LLC; or (3) receives substantial economic benefits from the assets of the applying LLC.

If any LLC shareholder, director, officer, member, manager, other authorized person, partner, or Beneficial Owner is itself an LLC or other business entity, the names and business addresses must also be provided for any and all shareholders, directors, officers, members, managers, other authorized persons, partners, and Beneficial Owners of that LLC or other business entity all the way up through each entity in the organizational chart until ultimate ownership by individual person(s) is/are disclosed.

Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
Name: _____________________
Title: _____________________
Address:__________________________________________
☐ Check this box if additional ownership information is attached to this Disclosure Statement.

In signing this Disclosure Statement, I represent that the information submitted in this Disclosure Statement, and any attachments, is true and correct.

Signature: _____________________
Printed Name: _____________________
Title: _____________________
Date: _____________________

EXHIBIT H
293
294
295
296

Page 1 of 2 ends

April 2, 2024

Police Department

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Purchase of Three Speed Trailers and SafePace Cloud
Access from Traffic Logix.

FINANCIAL IMPACT: The proposed expenditure of $28,842.30 is included in the Police Department’s approved Fiscal Year 2023-2024
budget – account string 01191021-400603.

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

The Police Department is requesting approval to
purchase three speed trailers and SafePace Cloud
Access from Traffic Logix for effective and strategic traffic enforcement.

RECOMMENDED ACTION:

APPROVE the purchase of three speed radar trailers and
SafePace Cloud Access from Traffic Logix at a cost of
$28,842.30 – Police Department (Chief Bisa French 510-
621-1802).

DISCUSSION:

For years, the Richmond Police Department has utilized speed radar trailers in areas prone to collisions and speed violations. With the purchase of three new and updated trailers, the Richmond Police Department will bring awareness to the public regarding their driving habits – resulting in fewer collisions, and slower speeds.

Portability is a key feature that enhances the effectiveness of speed trailers for roadway enforcement. These trailers can be easily relocated to different locations, allowing the AGENDA
REPORT
297

Page 2 of 2 ends

April 2, 2024
Department to respond dynamically to changing traffic patterns and emerging safety concerns. The ability to move speed trailers to various locations helps ensure that enforcement efforts are distributed across a broader range of roadways, preventing drivers from becoming complacent and reinforcing a culture of compliance with speed limits. The SafePace Cloud access will allow for remote monitoring of the data collected so the trailer does not have to be returned to the Department or plugged in to a computer for data review.

Moreover, the inclusion of short, impactful messages on speed trailers further amplifies their utility. These messages can serve as educational tools, providing drivers with quick reminders about the importance of adhering to speed limits and the potential consequences of speeding. By displaying messages such as "Slow Down for Safety" or "Speed Kills," speed trailers contribute to public awareness campaigns, fostering a sense of responsibility and reinforcing the connection between speed compliance and overall road safety. Additionally, the trailers can be utilized at the large community events (Cinco de Mayo, Juneteenth, Fireworks, etc.) to display event related messages.

This dual functionality of portability and message display makes speed trailers versatile instruments in the hands of law enforcement, promoting a holistic approach to roadway enforcement that combines education, deterrence, and adaptability.

Police Department staff members are recommending the purchase of three trailers, along with three years of SafePace Cloud Access, to strategically deploy throughout the City in an effort to deter speeding and unsafe driving habits.

DOCUMENTS ATTACHED:

Attachment 1 – Quote Package
Attachment 2 – Quote Summary
298
299
300
301
302
Division/Department:
____Police_____________________ Quote Summary Form Form completed by: _Steven Linderman____________________ PR# Bidders' Names:

Unit Ext. Unit Ext. Unit Ext.

Price Price Price Price Price Price
Item 1 price: 26280 29349 27815.7

1. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 2 price: $___________ $___________ $___________ $___________ $___________ $___________

2. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 3 price: $___________ $___________ $___________ $___________ $___________ $___________

3. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 4 price: $___________ $___________ $___________ $___________ $___________ $___________

4. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 5 price: $___________ $___________ $___________ $___________ $___________ $___________

5. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Sub-Total: 26280 29349 27815.7
Shipping & Handling, if any 0 3500 0
Add tax at current rate (9.75%) 2562.3 2861.5275 2712.03075 Grand Total 28842.3 35710.5275 30527.73075
Notes:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mdl: Mdl: Mdl:

Mfg:

Mdl:

Mfg:

Mdl:
(Vendor 1)
Traffic Logix
(Vendor 2)
Tapco
(Vendor 3)
Kustom SignalsQuote Title: Speed Trailer (Project Quote No.

Quote Submittal Deadline:

Use more pages as necessary 12 DEC 2022 1303

Page 1 of 2 ends

April 2, 2024

Police Department

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Second Contract Amendment to add $15,000 in funds to
contract with Du-All Safety, LLC.

FINANCIAL IMPACT: The proposed expenditure of $15,000 will be added to the contract with Du-All and will come from the Police
Department’s approved Fiscal Year 2023-2024 budget –
account string 01191021-400201.

PREVIOUS COUNCIL
ACTION:

June 21, 2022 – First Contract Amendment approved
July 2, 2019 – Original Contract approved

STATEMENT OF THE
ISSUE:

The Richmond Police Department is continuing to invest
in officer safety and wellness and is requesting additional funds for safety testing from Du-All Safety, LLC.

RECOMMENDED ACTION:

APPROVE a second contract amendment with Du-All
Safety, LLC for additional funding of $15,000, for a total amount not to exceed $775,206, for the contract term
ending June 30, 2024 – Police Department (Chief Bisa
French 510-621-1802).

DISCUSSION:

Police Department staff is seeking additional funding in the amount of $15,000 to continue N95 mask fitting and safety training exclusively for our police officers.

AGENDA
REPORT
304

Page 2 of 2 ends

April 2, 2024
Police officers are on the front lines, often facing unpredictable situations that require close interactions with the public. The ongoing global health challenges emphasize the need to prioritize the safety of our officers and the communities they serve. Investing in ongoing N95 mask fitting and safety training specifically for our police officers is a strategic initiative to prioritize their safety and well-being. The requested additional funding will contribute to the longevity and effectiveness of our safety program, aligning with our commitment to ensuring the resilience and health of our law enforcement professionals.

Du-All Safety, LLC has been the City of Richmond’s safety experts since 2005, at which time they were selected to establish a workplace safety program to reduce work-related injuries. In 2019, the City’s Human Resources Risk Management Team, re-selected Du- All Safety, LLC for a three-year contract with a two-year extension after reviewing qualified bidders.

Staff recommends approving this amendment to add an additional $15,000 in funding from the Police Department’s approved Fiscal Year 2023-2024 budget to outfit officers with proper fitting N95 masks and safety skills training specific to various operational scenarios encountered by front line officers.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – First Amendment
Attachment 3 – Second Amendment

305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339

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:

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.

Human Resources
Laura Marquez
[email protected]
620-6974
5775
4772
Safety compliance program services including training, inspections, and safety compliance. ✔
1 Du-All Safety LLC
4950 Hotchkiss Street
Fremont, CA 94539
Michael Connelly
(510) 651-8289
[email protected]
40009774
July 8, 2022
✔
July 2, 2019
July 1, 2019
June 30, 2022
442,675.00
DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 340
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.

Du-All Safety LLC
DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 Chief Operating Officer
DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B MayoryMayor
341
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

Du-All Safety LLC
1 4772
July 1, 2019
June 30, 2024
317,531.00
760,206.00

Contractor shall be paid a not-to-exceed amount per Fiscal Year, as follows:

FY 2022/2023 - $156,261.00 ($163.10/hour)
FY 2023/2024 - $161,270.00 ($167.99/hour)
DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 342
Contract Amendment between the City of Richmond and

Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (SERVICE PLAN)
(CONTRACTOR’S OBLIGATION’S)

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

Du-All Safety LLC
1 4772
N/A

DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 343
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

Du-All Safety LLC
1 4772
317,531.00
760,206.00
6/30/2024
✔
✔
760,206.00
760,206.00
760,206.00
760,206.00
DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 344
___ 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 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.

DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 345
___ 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.

DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 346
___ 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

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

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

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

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

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

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

Reporting Requirements

DocuSign Envelope ID: 413F1776-F6F1-4F07-85F7-A5EBF2A48829 DocuSign Envelope ID: 75A02445-AF40-44D9-A2DD-9ED013388B9B 347

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 'HOHZDUH [ ] 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.

Police Eric Smith
[email protected] (510) 621-1204
5775 4772
Safety compliance program services including training, inspections, safety compliance ✔
2 Du-All Safety LLC
4950 Hotckiss Street
Fremont, CA 94539
Michael Connelly
(510) 651-8289 [email protected]
✔
July 2, 2019
July 1, 2019 June 30, 2022
442,675.00
348
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.

Du-All Safety LLC
349
Contract Amendment between the City of Richmond and
Amendment No. P.O./Contract No.

AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)

1. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ . Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ including expenses." “The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.”

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

Contract Amendment/EJ/TE 9-26-07

Du-All Safety LLC
2 4772
15,000.00
775,206.00
N/A

350
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

Du-All Safety LLC
2 4772
June 28, 2022
317,531.00
760,206.00
June 30, 2024
✔
✔
760,206.00
760,206.00
760,206.00
760,206.00
351

PUBLIC WORKS
FEBRUARY 2024

ABATEMENT UPDATE
MARCH 26, 2024
352
NEIGHBORHOOD CLEAN-UPS (1)
353

ILLEGAL DUMPING
185.55 Tons removed
354

ILLEGAL DUMPING
355
ILLEGAL DUMPING: MATTRESSES, PAINT/OIL AND TIRES
211 Mattresses 112 Gallons of Paint/Oil 167 Tires 356

WEEDS/BRUSH
ABATEMENT (2)
2 LOCATIONS
357

WEEDS/BRUSH ABATEMENT
358
ENCAMPMENT ABATEMENT (10)

10.08 Tons removed
359
Dec.Nov.Oct.Sep.Aug.JulyJuneMayAprilMarchFeb.Jan.Tonnage Collected 185.55290.37Illegal Dumping

27.630Neighborhood Clean-Ups*

10.813.20Encampments
223.98303.57Totals
10*Number of Events
360

VEHICLE ABATEMENT
361

VEHICLE ABATEMENT
362

GRAFFITI REMOVAL
198 Tags Removed
126 Locations
363

GRAFFITI REMOVAL
364

ABATEMENT STAFF HOURS
Illegal Dumping 1916
Encampment Removal 38
Graffiti Abatement 160
North Richmond Mitigation 54
Weeds/Brush Abatement 32
Private Board Ups & Clean-Ups 0
Transport/Misc.* 200
Total 2400
January Hours
Illegal Dumping Encampment Removal
Graffiti Abatement North Richmond Mitigation
Weeds/brush Abatement Transport/Misc*
Board Ups/Clean Ups
Transport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal.
365
ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2024
0 50
100
150
200
250
300
350
January February
366
ILLEGAL DUMPING TOTAL COST PER MONTH – 2024*
125,000.00
130,000.00
135,000.00
140,000.00
145,000.00
150,000.00
155,000.00
160,000.00
165,000.00
170,000.00
January February
*Includes Labor and Equipment
367
368

PARTNERSHIPS
369

Page 1 of 6 ends

April 2, 2024

City Council

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmembers Zepeda and Jimenez

Subject:

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

FINANCIAL IMPACT: No financial impact at this time.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

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

RECOMMENDED ACTION:

DISCUSS and PROVIDE direction to 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, and March 26, 2024, meetings.

DISCUSSION:

In past administrations City elected officials have appointed family relatives to serve on various Richmond boards, commissions, committees, and task forces (together, AGENDA
REPORT
370

Page 2 of 6 ends

April 2, 2024
“bodies”). This is extremely problematic for the Richmond City Charter, as it seats all nominating authority for appointments to these bodies with the Mayor. The City Council is delegated with approval authority over the Mayor’s nominations. However, it provides an opportunity for certain Richmond elected officials to exert disproportionate influence over these important appointed bodies that assist in setting essential policy for the City.

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

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

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

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

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

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

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

Santa Monica uses the more limited definition of “wife, husband, registered domestic partner, son, daughter, mother, father, brother or sister.” It excludes in-laws, aunt and uncles, nieces and nephews, as well as the broader category of “any other legally

1 City of Richmond, Administrative Manual Policy Number AP 308. 371

Page 3 of 6 ends

April 2, 2024
related person living in the same household as the City Council member.” It also omits the language addressing adoptions, fosters and steps.

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

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

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

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

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

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

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

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

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

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

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

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

372

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April 2, 2024
Suggestion: Preventing paid lobbyists from joining the City’s bodies seems prudent to ensure the interests of their paying clients do not take precedence over the interests of the City’s community members.

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

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

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

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

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

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

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

B. Application to Staff. Second, we consider the adoption of a nepotism policy prohibiting the employment of relatives of City officers and elected officials. 373

Page 5 of 6 ends

April 2, 2024
The City of Richmond does not have a policy prohibiting the hiring of relatives of either City officials or elected officials, even though as mentioned earlier, the City of Richmond’s Administrative Manual includes a definition of “immediate family member.” Rather the City’s Administrative Manual explicitly states that its policy regarding nepotism is “to not discriminate in its employment and personnel actions with respect to its employees and applicants on the basis of marital or registered domestic partner status.”3 It does, however, “reserve[] the right to reasonably regulate, for reasons of supervision, safety, security, or morale, the assignment of spouses and registered domestic partners within the same department, division, facility, or unit.” Id. This policy appears to date back to 2014 and likely implements the somewhat competing requirement of the Department of Fair Employment and Housing Act that forbids discrimination in employment decisions based on marital status.4 The additional language stating the rules were adopted for “reasons of supervision, safety, security, or morale” overrides the requirements of the Fair Employment and Housing Act.5 Richmond may wish to revisit this policy. Many cities do prohibit the hiring of relatives of City officials, such as relatives of the city manager and other department heads.

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

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

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

3 City of Richmond, Administrative Manual Policy Number: AP 308. 4 Institute for Local Government, Everyday Ethics for Local Officials Hiring: When a Relative Wants a Job (April 2003).
5 Id.
6 City of Walnut Creek Municipal Code Section 2-6.407.
7 Laguna Niguel Nepotism Policy Staff Report, Attachment B, https://www.cityoflagunaniguel.org/DocumentCenter/View/21530/D1-Nepotism---Definitions- Public-Policy-and-Sample-Anti-Nepotism-Policies (accessed 1/2/24). 374

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April 2, 2024
(3) A definition of "personal relationship" as persons related by blood, adoption, current or former marriage, domestic partnership, or cohabitation.
(4) A statement that prohibits participation in the selection of an applicant for employment by anyone who has a personal relationship with the applicant, as defined in section 83.6.
(5) A statement that prohibits the direct or first-line supervision of an employee with whom the supervisor has a personal relationship, as defined in section 83.6.
(6) A process for addressing issues of direct supervision when personal relationships, as defined in section 83.6, between employees exist.”

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

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

DOCUMENTS ATTACHED:

None

375

Page 1 of 3 ends

April 2, 2024

City Council

DATE: April 2, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Trina Jackson, City Council Liaison
Subject: Race Forward Training Series
FINANCIAL IMPACT: The proposed two-year contract starting in 2024 through 2026 is for a total amount not to exceed $55,000. The
funding is included in the approved 2023/24 budget (City Council Office 01917090 400322)

PREVIOUS COUNCIL
ACTION:
12/15/2015 – Directed to join the Government Alliance on Race and Equity (GARE); 02/28/17 – Received an
update on GARE; 12/4/2018 – Adopted Resolution 93-
18; 12/15/2020 – Received an update on race equity
activities.

STATEMENT OF THE
ISSUE:

The City of Richmond has been a member of the
Government Alliance on Race and Equity since 2016. As
part of the goals of the program, a training series will be conducted to broaden the knowledge and awareness of
best practices related to increasing equitable outcomes for employees and residents.

RECOMMENDED ACTION:

APPROVE a sole-source two-year contract with Race
Forward to conduct a series of race equity trainings for employees, public officials, and community partners not to exceed $55,000, for a term beginning April 2024
through December 2026 – City Council Office (Trina
Jackson-Lincoln 510-620-6581).

AGENDA
REPORT
376

Page 2 of 3 ends

April 2, 2024
DISCUSSION:

The City of Richmond has been a member of the Government Alliance on Race and Equity (GARE) since 2016. The initial Richmond Race Equity Team drafted the first version of the Race Equity Action Plan while taking part in the learning cohort in 2016.

Since then, on the draft Race Equity Action Plan.

Over the last several years, Richmond’s Race Equity Team, consisting of staff from various City departments and community partners, has studied and provided input on race and equity activities to improve the draft Race Equity Action Plan.

The team has held learning sessions, community forums, healing sessions, and presented to community partners and the City Council. In collaboration with Richmond’s Race Equity Team, Healthy Contra Costa led monthly Community Buzz Café workshops in 2022 to share the action items and receive input from participants.

Richmond staff will continue to work on incorporating the recommendations and bringing the updated draft to the City Council.

Starting in 2024, a training series will be offered to employees, community partners and public officials. These training sessions will help the City of Richmond and community partners to move closer to Goal One of the Race Equity Action Plan which is to ensure “Richmond employees understand and are committed to achieving race equity.”

Race Forward, is an organization created to help operationalize strategies that drive sustainable change towards racial justice at all levels of society. More information about Race Forward can be found at https://www.raceforward.org. As part of the City of Richmond’s membership with the Government Alliance on Race and Equity (GARE), Race Forward will conduct the training sessions specific to their training program over the course of two years. Four sessions will be conducted: Advancing Racial Equity, Using a Race Equity Tool, Leading for Race Equity, and Cross-Sector Organizing.

The series will be offered to Richmond elected officials, public officials, employees, resident ambassadors, and community partners. Race Forward training sessions present core racial equity concepts and focus further on content and application to support training participants in bringing key ideas into their daily work. This series is an extension of training sessions previously facilitated by Race Forward for Richmond employees, officials and community partners in 2019. Each session will be offered to employees first with reserved spaces for officials and community partners. Each session has a capacity of 50 attendees for virtual sessions and 40 for in-person sessions. The training series package includes:

 Advancing Racial Equity: The Role of Government (6-8 hours) – This workshop provides an orientation to the role, responsibilities and opportunities for government to advance racial equity. We focus on normalizing racial equity as a core value with clear definitions of key terminology, operationalizing racial equity via new policies and institutional practice, and organizing, both internally and in partnership with other 377

Page 3 of 3 ends

April 2, 2024
institutions and the community. We introduce a racial equity tool that can be used in decisions relating to policies, practices, programs and budget and share effective communications strategies. Participants gain increased understanding of racial equity terminology, including implicit and explicit bias and individual, institutional, and structural racism; gain skill at identifying and addressing institutional and structural racism; and increase capacity to advance racial equity in the workplace.

 Using a Racial Equity Tool (6-8 hours) – This workshop provides instruction and practice on how to use a racial equity toolkit within policy, program and budget decision- making processes. Participants will gain skills by using the tool with their own topics they would like to assess from a racial equity perspective.

 Leading for Racial Equity (6-8 hours) – This workshop provides a common language and explores the tensions that RSJI leaders must address to be effective in working for race and social justice, including adaptive / technical, transactional / transformational, and formal / informal leadership. Participants focus on increasing understanding of key racial equity terminology, motivating change, developing skills at effectively communicating about race, and developing concrete action steps.

 Cross-sector Organizing to Advance Racial Equity (6-8 hours) – This workshop provides information on eliminating racial inequity and increasing results for all requires multiple organizations to be addressing institutionalized racism within their own institutions and partnering with others to eliminate structural racism. This rigor and focus will ultimately maximize impact in the community.

Race Forward has reduced the fee for the sessions by $11,000. The courses are regularly priced at $15,000 each. The Advancing Race Equity course has been reduced to $10,000 and the other courses have been reduced to $12,000 each.

Trina Jackson-Lincoln, Project Coordinator, will serve as the project manager for this contract.

DOCUMENTS ATTACHED:

Attachment 1 – Contract
Attachment 2 – December 15, 2020 Agenda Report
Attachment 3 – Resolution 93-18
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CITY COUNCIL
DATE: December 15, 2020

TO: Mayor Butt and Members of the Richmond City Council

FROM: Councilmember Demnlus Johnson III

SUBJECT: WRITTEN UPDATE FROM THE RICHMOND GARE TEAM

STATEMENT OF THE ISSUE:

The Richmond Government Alliance on Race and Equity Team would like to provide a written report on activities. An oral report and presentation will be provided in early 2021. The following information will provide details on the team’s activities, successes, challenges and necessities.

RECOMMENDED ACTION:

RECEIVE a written report from the Richmond Government Alliance on Race and Equity Team on activities and the progress of the draft Racial Equity Action Plan - Councilmember Demnlus Johnson III (620-6568)

FINANCIAL IMPACT OF RECOMMENDATION:

There is no financial impact to the general fund at this time.

DISCUSSION:

GARE is a joint project of the Race Forward and The Othering and Belonging Institute. In 2016, the Richmond chapter of the Government Alliance for Racial Equity (GARE) was established and a multiracial team comprised of an interdepartmental group of city staff and community partners participated in a year-long learning cohort. The team developed a draft Race Equity Action Plan (REAP) during the introductory learning year and has since worked to strengthen the REAP, promote equity work to improve racial outcomes within the City of Richmond through training and community outreach.

Racial Equity Action Plan (REAP)

AGENDA
REPORT
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Goal One Internal Work – City of Richmond employees understand and are committed to achieving racial equity
Goal Two Community Engagement – Richmond Residents View the Jurisdiction as an Effective and Inclusive Government that Engages Community Goal Three City Service Provision - City of Richmond is a Racially Equitable Employer and Promotes Racial Equity in Contracting and Procurement
Goal Four Healthy Life Outcomes - Healthy life outcomes are increased and racial disproportionalities are eliminated

Seven to ten action items were created for each goal. During the community forums, participants were given colored sticky dots to prioritize their top four action items for each goal. The following action items rose to the top for the participants and employees that attended the forums.

Goal # Action Item Action
Item #
Goal 1 Meet with department directors to develop Departmental Racial Equity Plans: Discuss city-wide plan, analyze the need for specific strategies in the department to expand racial equity work. Assign a minimum of one person to be the GARE team liaison to share info w/ dept.

A4
Racial Equity Training: Establish a city-wide training program for employees and community partners consisting of Race Equity, Structural & Institutional Racism
A3
Use of a Racial Equity tool with Policies or Programs: Develop a racial equity toolkit to assess policies, initiatives, programs and budget issues.

Goal 2 Inclusive Outreach and Public Engagement Training: Create relationships with community groups aiming to improve equity in Richmond. This also involves collaboration with community organizations to develop a shared vision for roles in shaping racial equity policy.

A2
Establish a Framework for Effective and Inclusive Engagement with Richmond's Diverse Communities: Improve equitable
outcomes of City services by using a racial equity tool to weigh impacts of programs on community.

A3
Community Engagement Taskforce: Strengthen the City's
community engagement efforts to increase transparency and trust to provide authentic spaces for information sharing.

Goal 3 Training on Equitable Hiring Practices for All Hiring Managers: A4 420

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Strengthen personnel policy and job descriptions- HR to review job specs & strategize to eliminate racial disproportionality in depts.

Workforce equity in departmental Racial Equity Action Plans- Improve hiring and promotion equity to enhance and maintain a workforce representative of the community.

A1
Contracting and Procurement Policies and Procedures to
Eliminate Racial Equity Barriers: Create and implement the use of a Budget Map to assess funding distributions.

Outcome
3b, A3

Goal 4 Equitable Housing Opportunities- HiAP 4F efforts to protect displacement of residents.

A4
Improve access to healthy food in neighborhoods- HiAP 3B to review liquor store permits and develop healthy food corner store program.

A2
Neighborhood Safety – Data Taskforce to work with depts to assess programs that increase neighborhood safety ie street lighting, abandoned houses.

Bay Area Jurisdictions

Richmond is one of twenty jurisdictions in the Bay Area that are members of the Government Alliance on Race and Equity national network. Many of the jurisdictions have an equity division and/or a dedicated equity officer. The City of Richmond does not have either, but we do have the support of the City Council, City Manager and Senior staff by the approval of activities, the adoption of resolutions and permitting staff to voluntarily work on the Richmond team to improve equity outcomes in the areas of awareness, community engagement, and policies and programs.

Jurisdiction Equity Division Equity Officer

1. Contra Costa County Pending Yes

2. City of Berkeley

3. City of Richmond No No

4. Marin County Yes No

5. California State Coastal Conservancy

6. City of Oakland Yes Yes

7. Alameda County

8. Bay Area Air Quality Management District Yes Yes

9. San Francisco Public Utilities Commission

10. City & County of San Francisco Yes Yes

11. San Francisco Planning Department

12. City of San Mateo Yes Yes

13. Bay Area Regional Collaborative

14. City of San Jose Yes Yes

15. Merced County Department of Public Health

16. Monterey County

17. City of Salinas
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18. Sonoma County Yes Yes

19. Napa County

20. Solano County

21. WCCUSD (Non-GARE Member) Yes Yes

There are over 130 jurisdictions nationwide that are members of the GARE Network. Several of them have equity officers, divisions or councils to focus on race and health equity initiatives.

More information on the GARE Network can be found at http://www.racialequityalliance.org

Since the inception of the Richmond GARE Team held in 2016, the team has held many events, trainings and presentations to provide information and garner input from the community and staff.

GARE Activities

1. Community Workshop 2. City Staff Workshop (Lunch and Learn/Healing Circle)

3. Presentation 4. Training

Date Accomplishment # of
Attendees
August 9, 2017 Staff Workshop: Lunch and Learn 15-20
November 30, 2017 Staff Workshop: Employee Lunch Session 15-20 December 12, 2017 Staff Workshop: Employee Lunch Session 15-20 January 30, 2019 Presentation to Senior Staff 20
March 14, 2019 Implementation Training for team- GARE Network 6 April 11, 2019 Implementation Training for team- GARE Network 6 June 7, 2019 Implicit Bias Training for Staff with Fogbreak Justice 25+ July 18-19, 2019 Implementation Training for team- GARE Network 4 August 15, 2019 Implementation Training for team- GARE Network 4 September 26, 2019 Staff Workshop: Lunch and Learn 20
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60 October 28, 2020 Presentation to the Richmond Rotary 20+ October-November
2020
GARE Team Orientation Training 2020 6
October 29, 2020 Racial Equity Action Plan Feedback staff Workshop #1/3 5 November 5, 2020 Racial Equity Action Plan Feedback staff Workshop #2/4 3 November 19, 2020 Community Workshop on Draft Racial Equity Plan 15 December 15, 2020 Staff Report updating City Council N/A

Due to the city’s participation in the GARE national network, the team was equipped and ready to respond to COVID-19 and the unjust murders of George Floyd, Breonna Taylor, Ahmaud Arbery and others. The team disseminated a public statement and held two Healing Circles on June 30th and July 1st. The purpose of the Healing Circles was to provide a platform for employees to express their thoughts and provide information on what they needed from executive staff to support them through the pandemic and the civil unrest. A memorandum detailing the findings of the Healing Circles was provided to the city manager and senior staff for their review and consideration.

At the onset of the pandemic, the city staff worked diligently to build an extensive website to provide information to assist community members to find resources for funding, food, housing and testing for the coronavirus. Like many jurisdictions across the nation, impacts of the pandemic disproportionately impact people of color. One of the impacts is the lack of access to 423

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The most recent activities have attracted the interest of 6 additional team members, bringing the membership total to 15 and an additional community partner for a total of 3.

City of Richmond Team Members:
 Trina Jackson - City Council Office (Team Lead)
 Johann Fragd - Community Services Division
 John Hill- Information and Technology
 Ana Crespin - Water Resource Recovery Division
 LaShonda White - Children and Youth Division
 Bruce Soublet - City Attorney’s Office
 David Padilla - Children and Youth Division
 Dominique Roache-Greene - Mayor’s Office
 Emily Carol - Planning Division
 Gabino Arredondo – Environmental and Health Initiatives  Magaly Chavez – Richmond Rent Program
 Patrick Seals -City Attorney’s Office
 Roberta Feliciano - Planning Division
 Samantha Carr - Environmental and Health Initiatives
 Shivali Gowda - Environmental and Health Initiatives
Community Partners:
 Healthy Richmond
 Richmond Neighborhood Housing Services
 Richmond Rotary Club

One of our most active community partnerships is with Healthy Richmond. Healthy Richmond pushed the GARE team to join a collaboration with the Facilitating Power, Healthy Richmond and the WCCUSD to coordinate and co-facilitate the Spectrum on Community Engagement to Ownership Workshop.

On October 1, 2020, Healthy Richmond and the City of Richmond’s GARE team hosted over 60 members of various community based organizations, city government entities, school district leadership, and parent/resident leaders for a half-day online workshop focused on centering resident voice and community leadership for racial equity in the city of Richmond, California.

The purpose of the workshop was to create a space for collaborative learning and capacity building to promote equitable community engagement and fair outcomes for all Richmond residents by centering historically marginalized groups impacted by structural racism.

The workshop included seven breakout group discussions to gather input from service providers, public officials and parent leaders of the WCCUSD. The following findings from the discussions will assist the participating jurisdictions to improve community engagement when developing programming for the community.

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● Need for greater focus on community ownership within equitable housing ● Need tools for standards for hiring and training, need for conflict resolution management ● Housing providers can be racist; we need resources to intervene here

Enhance Community Equity Profile
● Go into the community to share and gather info early on. Build relationships, find out who trusted community leaders are
● Agencies need to find out what the communities are interested instead of taking in pre- thought programming
● Take info and make it actionable; no ‘us-against-them’ mentality ● Importance of training, background info and data that’s accessible for community participation: the acronyms, the budget breakdown - give the tools so they can be decision makers
● Compensate for their info
● Make the meetings happen at times and places that actually work for them

Assess & Improve Diversity in Boards & Commissions
● Website for city of Richmond and school district needs work (User Interface) ● You either know the power and how to get involved, or community people try to get involved and think it’s just talking, discouraged by self-interest of politicians ● City council members are supposed to be liaisons for boards and commissions but they don’t attend
● Moving ideas forward: how do we set goals about getting ideas heard? ● Youth and adult mentorship: “What is a board and commission” getting youth informed and tapped into leveraging this power
● Building relationships with orgs that are doing this work and connecting them to the boards, commissions, etc.
● Start from a circular approach
● Know that you can propose something, demystifying and showing what their power is so the community can get involved.
● #inform #empower

Use Racial Equity Tool to Determine Local Budgets
● Building budget literacy, stakeholder ability to understand budget and process, approval and what approval means for the people
● We have so many spaces for the community to engage, but we still have to leverage them and people still don’t feel truly engaged.
● Making info digestible and accessible; more than just emails: broader ● Relationship and trust building
● Early and Often: bring community along with us thru the process versus after decisions have made and asking for feedback
● Key step is to stop and educate people, provide info in ways that matter to the community (take the audience into account - break down information into pieces that are easy to understand and matter to specific populations/areas)

Apply a Racial Equity Lens to Improve Hiring & HR Practices 425

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● Once you do see the jobs, short windows, people think they’re unqualified when they are based on wording
● More opportunities for job training, collaboration in community with orgs already doing job training
● Reform the way applications are processed, reform ‘minimum qualifications’ that are real life versus jargon
● HR hiring/vendors should be centered around Richmond — getting community voice on this idea,
● Examine how we’re recruiting and partnering with agencies

Develop a Framework for Equitable Community Engagement
● GEOGRAPHY of marginalization
● Inclusion and efficacy in decision making process
● A way to make people feel safe to share
● Identify cbo’s that have these connections to avoid tokenization ● Programs that facilitate pathways to decision making
● Emergency relief funding, building in hoops that prevent people from accessing funds ● Capacity training and compensation for time and voice. And acknowledge their work. Give residents credit.

Establish Practices for Equitable Policy Development & Racial Equity Departments in each Major Jurisdiction
● Spaces and places where language is understandable to community so they see themselves
● Conversations about how policy affects lives
● Digital divide: how to get people into the online conversation ● Systems struggle to figure out who what issues to include the community in ● Task force is triggering language to formerly incarcerated ● People need to see themselves in the room
● Hope: there’s folks in west county working on this and there are already relationships ● Parents have educational rights to participate in decisions ● This is a revolutionary time and we need to repair real harms ● Build on the Y-plan model, we have a relationship with students, it will create agency in their school, education, etc.. Don’t wait for students to engage because it will translate beyond their schools

The workshop helped the team to gather valuable data and is one of our successes, there are many challenges that we face and prevent us from doing more and reaching more to improve racial equity outcomes.

Staff Capacity

The team would be more effective if an equity officer or staff person was dedicated to race equity work. An equity officer or dedicated staff would have the time and capacity to conduct a racial equity analysis of city programming and policies, work with senior staff to garner their input on 426

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The team also needs the City Council to
 provide direction on establishing a timeline on benchmarks within the draft racial equity plan,
 a champion to spearhead race equity efforts,
 establish a directive to prioritize race equity work to increase staff capacity to work on goals.

Next Steps:

 Meet with senior staff to review recommended action items that impact their department to receive their input on goals and methods to achieve said goals.  The GARE Team will incorporate the input from the forums and meetings with senior staff into the draft Racial Equity Plan, including prioritization of the action items and written comments
 Present the updated plan to the City Council for review and adoption  The GARE Team wants to establish an Advisory Committee comprised of residents and community organizations to meet on a quarterly basis to review team activities and provide input
 Implement the task forces on Data, Training, Community Engagement and Contracts & Procurement
 Launch Transparent Richmond GARE page to keep community members informed and updated.

Additional staff capacity will significantly contribute to the ability to move this work forward in an effective and impactful way. The REAP is a living document and needs collaboration from the city council, city manager, senior staff and the community. The team has been able to make progress over the last four years, including pivoting to a virtual format; however, additional resources and capacity are needed.

Needs/Expectations

Due to the COVID-19 pandemic, racial inequities have been exacerbated and it is vital the City of Richmond leadership is invested in achieving racial equity. The team has faced a number of challenges in achieving our goals in the past few years. The largest challenge is achieving input, support, and representation from all City departments. There are some departments that prioritize Richmond GARE and others that have not supported or participated. In addition, because staff are volunteering time to work on race equity, there is a lack of staff capacity to accomplish all the goals the Richmond GARE team would like to achieve. It is vital that racial equity is an urgent priority for leadership.

The main need for Richmond GARE is the staffing of an Equity and Inclusion officer. Contra Costa County has established an Office of Racial Equity and WCCUSD has an Office of Educational Equity and is launching a Racial Equity Oversight Council in the next few months.

This shows that our partners are prioritizing investment in racial equity and the City of Richmond 427

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As the Richmond GARE team enters its fifth year, it is our hope to continue this work with a higher level of support and capacity to achieve the goals of the REAP.

Additional information is available on the Richmond GARE Team webpage. http://www.ci.richmond.ca.us/3701/GARE

DOCUMENTS ATTACHED:

1. Findings from the Richmond Employee Healing Circles

2. Report on the Spectrum of Community Engagement to Ownership

3. 11-19-20 Community Forum PowerPoint Presentation

4. Draft Racial Equity Action Plan

5. Richmond GARE Team Brochure

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Richmond City CouncilApril 2, 2024

Richmond City Council
April 2, 2024